Is There a Gray Area in Preemption?

State and national practical & political discussions on legal open, concealed and vehicle carry.

Is There a Gray Area in Preemption?

Postby madman » Thu Feb 09, 2012 9:02 pm

It looks like Seattle is playing in the gray area, in order to get around Washington state's preemption statute. I'm sure it'll be tried in Florida, sooner than later.
They're trying to make a "rule" that guns can't be carried on city property. You'll be asked to leave, if you don't, you can be arrested for trespassing.
Video: http://www.seattlechannel.org/videos/vi ... ID=3060913
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Re: Is There a Gray Area in Preemption?

Postby mjmensale » Thu Feb 09, 2012 9:37 pm

You do understand that that video is nearly 3 years old and that a lawsuit was filed and won upholding the state's preemption laws? BTW, HB-899, HB-1087, HB-1147, HB-1221, HB-1269, SB-1340 and SB-1556 (and maybe more) have already been filed to eliminate or make exceptions to Florida's preemption law and I'll bet they'll all be shot down.

http://www.saf.org/viewpr-new.asp?id=312

NEWS RELEASE
Second Amendment Foundation
12500 NE Tenth Place • Bellevue, WA 98005
(425) 454-7012 • FAX (425) 451-3959 • http://www.saf.org

SAF, NRA VICTORY: COURT STRIKES DOWN SEATTLE PARK GUN BAN
For Immediate Release: 2/12/2010

SEATTLE, WA – A King County Superior Court judge has ruled in favor of a lawsuit filed by the Second Amendment Foundation and National Rifle Association, striking down a ban on guns in city parks because it violates Washington State’s long-standing preemption statute.

Judge Catherine Shaffer ruled from the bench that the gun ban, adopted under former Mayor Greg Nickels, violates Washington’s law, which placed sole authority for regulating firearms in the hands of the State Legislature. That law was adopted in 1983 and amended in 1985, and has served as a model for similar laws across the country.

SAF and NRA were joined in the lawsuit by the Citizens Committee for the Right to Keep and Bear Arms, the Washington Arms Collectors and five individual plaintiffs.

“This is a great victory for the rule of law and Washington citizens,” said SAF Executive Vice President Alan M. Gottlieb. “Greg Nickels was so blinded by his personal hatred for firearms owners and his own arrogance that he imagined the city under his control could simply ignore state law. That arrogance cost Nickels his job last year. We repeatedly warned him not to push a gun ban, but he refused to listen.

“It is also a victory for the Legislature,” he observed, “because this case affirms the intent of lawmakers in 1983 to prevent cities like Seattle from creating a nightmare patchwork of conflicting and confusing firearms regulations. The ruling solidifies the legislature’s authority and sends a message to city and county governments to stop meddling with the rights of Washington citizens.”

Gottlieb suggested a review of local ordinances may now be in order, so that city and county governments can be compelled to remove old gun regulations or face legal consequences.

“This ruling puts anti-gun local officials on notice that legally-armed citizens have rights, too,” Gottlieb stated.

The Second Amendment Foundation (http://www.saf.org) is the nation's oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 650,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control. In addition to the landmark McDonald v. Chicago Supreme Court Case, SAF has previously funded successful firearms-related suits against the cities of Los Angeles; New Haven, CT; New Orleans; Chicago and San Francisco on behalf of American gun owners, a lawsuit against the cities suing gun makers and numerous amicus briefs holding the Second Amendment as an individual right.

-END
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Re: Is There a Gray Area in Preemption?

Postby Gmountain » Thu Feb 09, 2012 9:46 pm

Preemption is strong in Florida. It's been the law for a long time.
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Re: Is There a Gray Area in Preemption?

Postby armedinpasco » Thu Feb 09, 2012 9:54 pm

mjmensale wrote:You do understand that that video is nearly 3 years old and that a lawsuit was filed and won upholding the state's preemption laws?

Seattle has filed a petition seeking review with the W.S.C.
It has not been accepted to date.

http://www.seattle.gov/law/newsdetail.asp?id=12333&dept=9
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Re: Is There a Gray Area in Preemption?

Postby Toorop » Mon Mar 05, 2012 7:10 pm

I hope there is no gray area. But either way the video is old has been stated. Florida is different than Washjngyon in regards to the political climate.
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