October 20, 2008

Gun-Banning Seattle Mayor Nickels Will Ignore AG's Opinion

Seattle Mayor Greg Nickels does not have the authority to ban guns on public property, says State Attorney General Rob McKenna.

McKenna's opinion, which had been requested by state legislators, is nonbinding, so the city can proceed with its gun prohibition on public property. But historically, such opinions have been given great weight in court, according to the Attorney General's Office.

Washington state law "pre-empts a city's authority to enact local laws that prohibit possession of firearms on city property or in city-owned facilities," McKenna wrote with Deputy Solicitor General William Collins in the opinion issued Monday.

Nickels has issued an executive order directing city departments to come up with a plan to make city facilities gun free. He said the city would post signs about the ban on city property, and would charge people who violated it with trespassing.

"While we appreciate the Attorney General's opinion, we have a moral responsibility to pursue common-sense gun laws," Nickels said in a statement.

Comments (10)

When an elected official deliberatly flaunts the law and the will of the people they are guilty of a heinous act of treason and must be removed from office and punished to the fullest extent of the law. We cannot allow elected officials to make themselves into dictators. This violates the public trust and must be punished severly. The same laws apply to all of us as citizens of this country and no one is allowed to ignore them without punishment.

Posted by: TBILL | October 27, 2008 12:04 PM    Report this comment

Okie Dokie hit the nail on the head, these judges are in bed with some of these liberal politicans are the biggest threat to our rights. These judges make these decisions twisting the laws to their own liking instead of interpreting the law in its intent. All this gay marriage crap is a perfect example of these judges and their abuse of power and the law.

Posted by: Robert J | October 24, 2008 7:24 AM    Report this comment

Don B. - The problem is that when you start throwing around vast, sweeping generalizations like "common sense" and "mentally unstable," you leave the door open to people like Michael Bloomberg, Joe Biden, Richard Daley, Charles Schumer, Gavin Newsome, and numerous others who simply impose their will by diktat, using meaningless buzzwords as fictitious support, regardless of enumerated rights. These rights have to be nailed down in law, by the legislature, the courts, and the court of public opinion, before they are even remotely safe. How many Americans do you suppose would vote to classify any gun-owner as "mentally unstable" right now, simply because they own a gun? How many times have gun bills been introduced into state and national legislatures eliminating private gun ownership in the name of "common sense?"

Words MEAN things, as Rush says. In an area as fraught with deceit, deception, distortion, and outright lies, it's important to nail down exactly what laws are acceptable, and what are not.

There isn't a single generalization on the planet that's worth a damn, including this one.

Posted by: Gaviota | October 23, 2008 6:06 PM    Report this comment

Don B:
Please calm down. From your comments we can see that you are a supporter of the Second Amendment and obviously believe in the right to keep and bear arms. The problem I have been seeing is that some politicians and companies are not obeying the law. In Florida it's Disney, Inc refusing to obey a new state law that allows employees to have guns in their cars in the parking lot at work. In this particular case it's a mayor defieing the state government by refusing to obey a new law passed by the state Legislature. In other cases it's a Federal judge issuing a ruling that overturns a law passed by a State Legislature consisting of the lawful representatives of the people of a state. The usual reason given is "because it violates the Interstate Commerce Act". Now, I am not very familiar with that law but I know that our form of government does not allow a single person (no matter who he/she is) to over-rule a state legislature and prevent a law they have passed from going into effect. I cannot understand why nobody has done anything to bring these judges under control. They are being used every day by special interest groups to circumvent the law and Congress, as usual, does nothing about it. This situation does not seem to be getting much attention, but it is very serious. A good example of how serious it is can be found in our illegal immigration problem where state and local government have passed necessary laws to prevent the illegals from obtaining rights and entitlements intended for citizens. In very short order the law will be struck down by some judge. This is simply intolerable and needs to be stopped. I apologize for straying somewhat from the subject, but I am a 73 year-old man and just could not avoid expressing my opinion.

Posted by: Okie Dokie | October 23, 2008 4:33 PM    Report this comment

Anders K I can see that you either can't read or you can't understand english. I am answering a comment made by bharris above who claims that there is no such thing as a common sense gun law and that the concept should not be infringed. That literally means that its everyones right without exception. You use the words law abiding...isn't that an infringement on their rights. 2nd Amendment... " A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed". Maybe I missed it, can you show me where that exempts children, mentally disturbed or anyone at all? You use the word law abiding.... did I miss that in the amendment? I am as conservative as you can get. If you drop your radical attitude you might just see that I totally agree with the 2nd amendment, but believe that there needs to be some common sense used when its interpetated. I have had Permits in 3 states to carry, and carry most of the time. I don't lash out against peoples rights, I lash out at the morons who don't use the common sense to understand that the 2nd amendment never intended to include everyone without exception such as convicted felons, children and mentally retarded. When our forefathers wrote and amended the Constitution I think they wrongly assumed that it would be interpreted by people who use common sense

Posted by: donba27 | October 23, 2008 2:08 PM    Report this comment

Don B... You are a Liberal.. this is not the first time that you lash out against the the Peoples rights. This article does not say any thing about the mentally unstable or any thing about were guns should be sold... stay on subject. The subject is, should a law abiding citizen be allowed to carry there weapons on city property and facilities. The city is there to serve the people, and the right of the PEOPLE to keep and BEAR arms shall not be infringed. I don't know why you feel compelled to bring the mentally unstable into this or how appropriate it is to sell guns at 7/11.

Posted by: Anders K | October 23, 2008 1:07 PM    Report this comment

I'm far from a liberal, but I do believe in Common sense gun laws. When the second amendment was written, im sure common sense was assumed. I doubt that "SHALL NOT BE INFRINGED" means that guns should be sold at candy stores and 711's and that children, mentally unstable individuals and convicted violent felons should have easy access to guns and can legally carry them.

Posted by: donba27 | October 23, 2008 12:35 PM    Report this comment

I'm all for "Common Sense" gun laws. Anybody with an ounce of intelligence can determine that it's only good common sense to carry a fire arm.

Just ask the police if they would fail to carry a firearm. Of course they do - good "common sense".

Posted by: garym2 | October 23, 2008 8:52 AM    Report this comment

tea party anyone?

Posted by: pa-cman | October 23, 2008 8:45 AM    Report this comment

He has to be a demo-dat as he ignores the constitution. This means he should be removed from office as he has failed to uphold the law as well as the constitution. So much for his oath of office.

There is no such as "common sense gun laws".

Liberals seem to have a serious problem with reading comprehension as they don't understand the concept of "SHALL NOT BE INFRINGED". Especially the likes of Obama and Biden.

Posted by: bharris0 | October 23, 2008 8:31 AM    Report this comment

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