Court Rules Guns Allowed in Seattle Parks
Gun rights advocates have notched another victory in the state of Washington.
A state appeals court ruling released on Halloween day affirms the Washington legislature’s ban on firearms restrictions for parks in the city of Seattle. At issue was whether the Seattle Parks and Recreation Department could prohibit people who were lawfully carrying guns from entering parks that were overseen by the city. Last year, the department issued a ban on all firearms in areas where children were thought to be present (including parks).
The 3-0 decision from the state’s Division I Court of Appeals ruled against the appellants, which included the parks department, the mayor’s office, and the city of Seattle itself. The appeal sought to overturn a ruling issued in February of last year by a King County Superior Court judge.
It’s interesting to note that in March of 2010, a federal judge ruled that the city’s ban on firearms in its parks did not violate the United States Constitution. However, the Superior Court judge pointed out that just because an activity is allowed under the U.S. Constitution does not automatically mean that it doesn’t violate state law. Currently, Washington law does not permit cities, counties, or other municipalities to institute bans on firearms. In other words, it represents a rare case of state law “trumping” federal law.
It remains to be seen whether the city of Seattle will appeal today’s decision to the Washington Supreme Court. In the meantime, people who own a properly licensed gun and/or have obtained the proper carry permit will be allowed to bring those weapons into any of Seattle’s city parks.