From: Dean Fuller[SMTP:]
Sent: Thursday, October 22, 2009 12:10:42 AM
To: Prosecuting, Attorney
Subject: Misconduct of Seattle Mayor Nickels
Auto forwarded by a Rule
I'm writing to ask if your office has any plans to investigate Seattle Mayor Nickels for violations of RCW 9.41.810, which criminalizes violations of RCW 9.41. Mayor Nickels has violated RCW 9.41.290 (state firearms preemption) by placing signs prohibiting firearms in certain city facilities which are open to the public at large.
If your office is not planning to investigate the mayor, why not? Thanks.
from Goodhew, Ian <Ian.Goodhew@kingcounty.gov>
date Thu, Oct 22, 2009 at 06:15
subject FW: Misconduct of Seattle Mayor Nickels
hide details 10/22/09
Dear Mr. Fuller,
Thank you for contacting the King County Prosecutor's Office regarding the City of Seattle's decision to prohibit guns within certain city owned buildings in county parks and other recreational areas.
As you know, RCW 9.41.290 preempts local city and county governments from regulating firearms in most instances, granting the primary power to regular firearms to the State. Mayor Nickels has authorized the above prohibition based on a theory that a property owner, including the City of Seattle, can regulate who and what enters into the property owner's property. As you may know, the Washington State Attorney General's Office has issued a legal opinion that contradicts the City's position.
Because there is a legal dispute as to the reach and scope of RCW 9.41.290, the matter is moving towards civil litigation, which will clarify the reach and scope of RCW 9.41.290.
This matter actually has arisen beyond the confines of the City of Seattle and Washington State as the U.S. Supreme Court prepares to address the general issue of whether governments other than the federal government have the ability to regulate or outright prohibit gun possession.
Our office has not received a criminal referral from the Seattle Police Department concerning Mayor Nickels and his proposal. Our office does not intend to pursue a criminal charge in this matter unless and until the related legal issue is addressed either by our State Supreme Court or the United States Supreme Court. Once the issue is clarified, then the proposed ban's violation of state law can be re-evaluated.
King County Prosecutor's Office