Nickels Gun Ban Hearing

When fighting for civil rights, as in many other things, there are the "big battles" and the "small ones", and given finite resources - we are forced to focus on the big ones, lest we be overwhelmed by the sheer volume of wrongs in need of righting, and become completely ineffective in righting any of them because we are spread so thin.

The gun ban proposed by Seattle Mayor Nickels is one of those "big battles", and for more than one reason. Nickels proposes not only a gun ban (tanking the state pre-emption statute, RCW 9.41.290), he proposes that State Pre-emption is irrelevant to his efforts - since he's simply (according to him) creating an adminstrative rule, not law, and Pre-Emption only applies to laws.

On observing history, we can reasonably assume that should Nickels triumph in his speciousness, other cities will follow - and we will be returned to the patch work of confusing laws that change every few hundred feet or so that we enjoyed before the Legislature pre-empted the field of firearms law in the State of Washington all those years ago.

This is a big one. You need, if at all possible, to be at the hearing on December 15 hearing on this proposed regulation. You need to bring every friend you can. Tell them to play nice, and play nice yourself, but bring them. If you cannot make it - write (best address I've found: PO Box 94726 Seattle, WA 98124-4726), fax (206-684-5529), call ( 206-684-CITY (2489)), or use the e-comment forum. Best of all, do all of the above and ATTEND.

Still, we have yet to describe the enormity of Nickels ban if enacted. At a minimum, until overturned by the courts....

You will be unable to lawfully visit a city park (even the parking lot) while armed. If caught, you will be trespassed out of all city parks, facilities, buildings, and meeting forums - quite possibly permanently. If you violate the trespass order issued by the nice police officer, you will be cited, and quite likely lose your CPL and quite possibly any firearm you are carrying. If you leave your firearm in your car, you will run the risk of becoming another Kerlikowske and leave you and yours largely defenseless between the city park and your vehicle. If you leave your firearm home or in the office, see the last sentence and add emphasis.

You will be unable to lawfully visit City Hall (even the lobby) while armed. If caught, you will be trespassed out of all city parks, facilities, buildings, and meeting forums - quite possibly permanently. If you violate the trespass order issued by the nice police officer, you will be cited, and quite likely lose your CPL and quite possibly any firearm you are carrying. If you leave your firearm in your car, you will run the risk of becoming another Kerlikowske and leave you and yours largely defenseless between City Hall and your vehicle. If you leave your firearm home or in the office, see the last sentence and add emphasis.

You will be unable to be lawfully present on *any* City property while armed. If caught, you will be trespassed out of all city parks, facilities, buildings, and meeting forums - quite possibly permanently. If you violate the trespass order issued by the nice police officer, you will be cited, and quite likely lose your CPL and quite possibly any firearm you are carrying. If you leave your firearm in your car, you will run the risk of becoming another Kerlikowske and leave you and yours largely defenseless between the city property and your vehicle. If you leave your firearm home or in the office, see the last sentence and add emphasis.

You will be unable to lawfully visit any branch of the Seattle Public Library while armed. If caught, you will be trespassed out of all city parks, facilities, buildings, and meeting forums - quite possibly permanently. If you violate the trespass order issued by the nice police officer, you will be cited, and quite likely lose your CPL and quite possibly any firearm you are carrying. If you leave your firearm in your car, you will run the risk of becoming another Kerlikowske and leave you and yours largely defenseless between the city library and your vehicle. If you leave your firearm home or in the office, see the last sentence and add emphasis.

You will be unable to lawfully attend any event at the Seattle Center while armed. If caught, you will be trespassed out of all city parks, facilities, buildings, and meeting forums - quite possibly permanently. If you violate the trespass order issued by the nice police officer, you will be cited, and quite likely lose your CPL and quite possibly any firearm you are carrying. If you leave your firearm in your car, you will run the risk of becoming another Kerlikowske and leave you and yours largely defenseless between the city library and your vehicle. If you leave your firearm home or in the office, see the last sentence and add emphasis.

This, however, just the Warm-Up Round.

It gets worse. If passed, we can look forward to jurisdictions around the state spontaneously discovering that "pre-emption doesn't apply to adminstrative rules" and all the expensive and time-consuming jurisdiction by jurisdiction political house-fighting that such adventures entail.

Attend this meeting, submit comments, and if you attend, bring expanded written copy of your comments for submission.

Gun Ban Meeting
December 15, 2008
Bertha Knight Landes room
Seattle City Hall
600 Fourth Avenue
Sign-in begins at 5:30 p.m.

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