A new ruling on the city’s ban on guns in certain park/community center facilities – and this time, the judge says it’s constitutional, according to this story just published by our citywide-news partners at the Seattle Times. They were ruling on the challenge that happened here in West Seattle last year, filed by the Kent man who went into Southwest Community Center last November (after letting the city and media know of his intention) and was asked to leave (WSB coverage here). This follows a county ruling in a separate challenge, overturning the ban (here’s that story). The Times says the city’s trying to sort out what this all means. 6:12 PM: The city has sent out a news release – more of a summary than a reaction – read on (also added, the ruling document itself):
Yesterday, a federal court in Seattle rejected a constitutional challenge to the city’s rule prohibiting guns in areas of parks where children are likely to be present.
U.S. District Court Judge Marsha Pechman’s decision, which affirms that Seattle’s rule is consistent with both the Second Amendment of the United States Constitution and the Washington State Constitution, acknowledges this country’s long history and tradition of upholding reasonable firearms regulation facing constitutional challenges.
Last month, the King County Superior Court held in a separate lawsuit that a Washington state statute preempts Seattle’s rule. Therefore, the city is no longer enforcing the rule and has removed the gun prohibition signs from city playgrounds and parks. The city is planning to appeal the state court ruling.
The city of Seattle is represented in this case pro bono (at no cost) by Daniel Dunne, a partner at the law firm of Orrick, Herrington & Sutcliffe, working with Assistant City Attorney Gary Keese.
ADDED 6:49 PM: The city also sent a copy of the ruling itself – read it here.
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