As noted in Seattle Post-Intelligencer, Seattle Ninny-in-Chief Mayor Greg Nickels has decided to go ahead with his misguided and wrong-headed attempt to ban all guns from all city facilities and properties by mayoral fiat in defiance of WA Attorney General Rob McKenna's rather terse opinion that such action was both unlawful and likely in violation of the Washington State Constitution (which addresses firearms and self-defense issues rather more enthusiastically than the U.S Constitutions Second Amendment, and makes Heller look positively mellow). McKenna specifically holds that RCW 9.41.290 preempts (bars) such actions by counties, municipalities, and similar subordinate governmental bodies.
The effect of Nickels proposal, if somehow passed, would be to bar open or concealed carry by law-abiding citizens (CPL-holders, in the second instance) in City Parks, Woodland Park Zoo, Libraries, City Hall, and any other City property or facility (marked or unmarked, posted or unposted) you'd care to name by the mechanism of a rule requiring any city employee aware of any armed person not an active law enforcement officer in pursuit of their duties to first issue a formal trespass warning to such persons, and then summon officers to write a trespass citation (misdemeanor) against any such notified person still remaining on city property or in a city facility. While we have yet to see it, such a trespass notice could be a permanent bar - wiping out, say, ones ability to go to City Council and offer testimony.
Given that Nickels has yet to do more than bloviate and scheme, a lawsuit is sadly premature. Before one can take Nickels and the City to court for an egregious violation of law and violation of civil rights, Nickels and his cronies must first commit the actual evil deed. One cannot sue pre-emptively in these matters.
However, in December he apparently proposes to hold formal hearings prior to enacting his ban. Right about that time, expect lawsuits to be warming up, and if you're fiscally equipped and have standing (i.e., suffer a plausible injury or deprivation of rights due to City action) you might contact the Second Amendment Foundation about strategy and tactics.
At that December meeting, however, as a community we need every breathing body we can turn out in some kind of business attire (if possible) demonstrating a calm yet determined demeanor and filling the meeting area from wall to wall. As the time grows nearer, I'm sure additional strategy will emanate from our communities leaders. If we're lucky, a massive turnout will discourage Nickels and his Cease Fire loons from an attack on Pre-emption (an assault expected in Olympia, Jan. 09).
That, however, doesn't mean those of us in the 2A and Civil Rights community need to or should sit about waiting for Nickels & Co to engage upon their venture into tyrannical ninnyhood.
Instead, we can start the letter-writing/calling/emailing of our elected representatives and the media to ensure that such ninnyhood meet the most hostile response possible. Be polite, be knowledgeable, and be aware that the media will often choose to use your own quotes in a less than flattering fashion.
Be sure to mention how this policy increases the risk of gay bashing in city parks and facilities, by ensuring that law-abiding gay folk are helpless in the face of the rising number of hate crime based assaults. Mention that this enhances the vulnerability of pedestrians to dangerous dogs and predatory (and sometimes larcenous) two-legged critters.
Remember that threats and rants telegraph punches. That this is presently a matter of STATE statute and constitutional law. And play nicely, for the moment.
Seattle Times: opinion@seattletimes.com
Seattle Post Intelligencer: editpage@seattlepi.com
KIRO TV: http://www.kirotv.com/contact/index.html
KING TV: newstips@king5.com
KOMO TV: tips@komo4news.com
Revised Code of Washington (Pre-emption section re firearms)
http://apps.leg.wa.gov/rcw/default.aspx?cite=9.41.300
Seattle Contacts:
Seattle Mayor
Greg Nickels
http://www.seattle.gov/mayor/citizen_response.htm
(206) 684-4000
Next up for Election: November 2009
Seattle City Council Member
Tim Burgess
tim.burgess@seattle.gov
(206)684-8806
Next up for Election: November 2011
Seattle City Council Member
Sally Clark
sally.clark@seattle.gov
(206) 684-8802
Next up for Election: November 2011
Seattle City Council Member
Richard Conlin
richard.conlin@seattle.gov
(206) 684-8805
Next up for Election: November 2009
Seattle City Council Member
Jan Drago
jan.drago@seattle.gov
(206) 684-8801
Next up for Election: November 2009
Seattle City Council Member
Jean Godden
jean.godden@seattle.gov
(206) 684-8807
Next up for Election: November 2011
Seattle City Council Member
Bruce Harrell
bruce.harrell@seattle.gov
(206) 684-8804
Seattle City Council Member
Nick Licata
nick.licata@seattle.gov
(206) 684-8803
Next up for Election: November 2009
Seattle City Council Member
Richard McIver
richard.mciver@seattle.gov
(206) 684-8800
Next up for Election: November 2009
Seattle City Council Member
Tom Rasmussen
tom.rasmussen@seattle.gov
(206) 684-8808
Next up for Election: November 2011
Watch the Second Amendment Foundation and Citizens Committee for the Right to Keep and Bear Arms. Both based in Bellevue, they have promised to initiate legal action if, and when, Mayor Nickels issues his executive order.
Such legal action may also involve the National Rifle Association, with whom they are currently suing the State of Washington over alien firearms licensing. Join and support these organizations because the legal challenge will be expensive.
Meanwhile, we're all going to need to keep a constant eye on Olympia as it's a good bet we'll see a serious assault on state pre-emption by the Seattle contingent (Nickels, Jeanne Kohl-Welles, Adam Kline, etc). Seattle has been bullying the state in Olympia since it was founded, and is in deep need of a really thoroughgoing reality check.
Key to our success is the old truism "Don't be dumb", in combination with "if it makes you giggle, it's probably a bad idea".
The temptation to go head to head with megalomaniacal and wrong-headed sorts may be strong, it's almost certainly a bad and counterproductive notion. Such open defiance could well foul up impending lawsuits and sabotage efforts to preserve pre-emption in Olympia.
The nice thing about demonstrations is that while they may not be the best tool for today, they store really well on the shelf and can always be brought out as an option later - ideally coordinated across the 2A community for maximum impact, with everyone from the Ducks Unlimited folks to the Open Carry crowd joining the party, and driving home the point.
What we can't accomplish as individuals, or even as sub-groups in the community - as a coordinated body we can achieve with verve and charm.
Dave Workman, over at SAF/CCRKBA, asks all interested to contact him with their email address so he can keep them up to date with alerts and such.
No comments:
Post a Comment