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Seattle BAN Gone, Now let’s finish the Job in Snohomish County

jbone

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As we see below, the ban is lifted in Seattle, now let’s get our phonecalls in and letter's to the Snohomish Council and demand they pass Councilman Kosters Amendments.They said they were waiting to see how Seattle went, well now they have it, and must comply. And everywhere else in Washington!

http://opencarry.mywowbb.com/forum55/38103.html
 

1245A Defender

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north mason county, Washington, USA
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jbone wrote:
As we see below, the ban is lifted in Seattle, now let’s get our phonecalls in and letter's to the Snohomish Council and demand they pass Councilman Kosters Amendments.They said they were waiting to see how Seattle went, well now they have it, and must comply. And everywhere else in Washington!

http://opencarry.mywowbb.com/forum55/38103.html
i think that now they are just going to wait to see how the appeal turns out!
 

joeroket

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Right now there is no appeal and the injunction stands. Let's hit them before an appeal, if any, is filed. Also event if there is an appeal that does not automatically mean the injunction is put on hold. The state court would have to grant a stay of the injunction.
 

amlevin

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Just filing an appeal doesn't automatically mean a court will hear it. There has to be a compelling reason such as an error in the original courts ruling or new evidence. Just "not getting things your way" doesn't always mean there was any error at the lower court level.

Things are kind of going against Seattle. State Law, and AG's opinion, and now a Summary Judgement. Maybe they should just shut up and get about their next task. Maybe that should be something like figuring out how to live within their means as a Government and not waste time and money on cases like this.
 

joeroket

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amlevin wrote:
Just filing an appeal doesn't automatically mean a court  will hear it.  There has to be a compelling reason such as an error in the original courts ruling or new evidence.  Just "not getting things your way" doesn't always mean there was any error at the lower court level.

Things are kind of going against Seattle.  State Law, and AG's opinion, and now a Summary Judgement.  Maybe they should just shut up and get about their next task.  Maybe that should be something like figuring out how to live within their means as a Government and not waste time and money on cases like this.

Agreed but I think McGinn may very well try to file.
 

joeroket

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Here is my letter to them in light of the ruling by Judge Shaffer. I am holding off on sending it to hear any comments.

Dear Council Members,

I am sure you are aware that King County Superior Court Judge Catherin Shaffer has ruled that the Seattle Parks Department Rule P 060-8.14 is null and void under Washington State Law RCW9.41.290. Her ruling also stated that Washington State residents "have a clear legal and equitable right to carry firearms under federal and state constitutions."

You have had the opportunity in the previous month to repair Snohomish County Code 22.16.090 which restricts the possession of firearms in county parks. In light of this ruling by Judge Shaffer I am hereby requesting that you re-visit the proposal from Councilman Koster that was in front of you on Jan. 13th to revise SCC 22.16.090 to be in line and not more restrictive than State Law.
 

amlevin

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joeroket wrote:
Here is my letter to them in light of the ruling by Judge Shaffer. I am holding off on sending it to hear any comments.

Dear Council Members,

I am sure you are aware that King County Superior Court Judge Catherin Shaffer has ruled that the Seattle Parks Department Rule P 060-8.14 is null and void under Washington State Law RCW9.41.290. Her ruling also stated that Washington State residents "have a clear legal and equitable right to carry firearms under federal and state constitutions."

You have had the opportunity in the previous month to repair Snohomish County Code 22.16.090 which restricts the possession of firearms in county parks. In light of this ruling by Judge Shaffer I am hereby requesting that you re-visit the proposal from Councilman Koster that was in front of you on Jan. 13th to revise SCC 22.16.090 to be in line and not more restrictive than State Law.
Nice letter but I doubt they will. Why should they? There's no penalty for them passing or retaining any law contrary to State Law. It's just not enforceable. The council members are not subject to any penalty under "current" state law. Not that's something that should be visited. If the Legislature won't take care of it maybe it's time for an Initiative.
 

Right Wing Wacko

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Marysville, Washington, USA
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Ahh but there IS a penalty!

One could easily read that violation of pre-emption is a misdemeanor, however the council members would claim qualified immunity.

The one I beleive applies is much more severe and one cannot claim qualiifed immunity! Unfortunaly you will never convince the prosecutor to actually enforce the law. (Which technically makes him/her also guilty).

RCW 9A.80.010, defines “Official Misconduct” and makes it a gross misdemeanor.

Under this statute, A public servant is guilty of official misconduct if, with intent to obtain a benefit or to deprive another person of a lawful right or privilege:

(a)
He intentionally commits an unauthorized act under color of law; or
(b) He intentionally refrains from performing a duty imposed upon him by law.

To quote Dave Workman:

Public officials are fond of reminding citizens – when the occasion and circumstances suit their personal agenda, that is – that we live in a society of law, and whether we like or agree with a law, we must obey it. Have Snohomish County's Democrat members of the county council engaged in official misconduct? Some gun rights advocates apparently think so.
 

amlevin

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Right Wing Wacko wrote:
Ahh but there IS a penalty!

One could easily read that violation of pre-emption is a misdemeanor, however the council members would claim qualified immunity.

The one I beleive applies is much more severe and one cannot claim qualiifed immunity! Unfortunaly you will never convince the prosecutor to actually enforce the law. (Which technically makes him/her also guilty).

RCW 9A.80.010, defines “Official Misconduct” and makes it a gross misdemeanor.

Under this statute, A public servant is guilty of official misconduct if, with intent to obtain a benefit or to deprive another person of a lawful right or privilege:

(a)
He intentionally commits an unauthorized act under color of law; or
(b) He intentionally refrains from performing a duty imposed upon him by law.

To quote Dave Workman:

Public officials are fond of reminding citizens – when the occasion and circumstances suit their personal agenda, that is – that we live in a society of law, and whether we like or agree with a law, we must obey it. Have Snohomish County's Democrat members of the county council engaged in official misconduct? Some gun rights advocates apparently think so.

They will merely claim that they were not attempting to obtain benefit and further, that their intent is to merely protect citizens.

A SPECIFIC penalty clause should be attached to 9.41.290 so that they have no weasel room.
 

joeroket

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Dec 5, 2006
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Everett, Washington, USA
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amlevin wrote:
joeroket wrote:
Here is my letter to them in light of the ruling by Judge Shaffer. I am holding off on sending it to hear any comments.

Dear Council Members,

I am sure you are aware that King County Superior Court Judge Catherin Shaffer has ruled that the Seattle Parks Department Rule P 060-8.14 is null and void under Washington State Law RCW9.41.290. Her ruling also stated that Washington State residents "have a clear legal and equitable right to carry firearms under federal and state constitutions."

You have had the opportunity in the previous month to repair Snohomish County Code 22.16.090 which restricts the possession of firearms in county parks. In light of this ruling by Judge Shaffer I am hereby requesting that you re-visit the proposal from Councilman Koster that was in front of you on Jan. 13th to revise SCC 22.16.090 to be in line and not more restrictive than State Law.
Nice letter but I doubt they will.  Why should they?  There's no penalty for them passing or retaining any law contrary to State Law.  It's just not enforceable.  The council members are not subject to any penalty under "current" state law.  Not that's something that should be visited.  If the Legislature won't take care of it maybe it's time for an Initiative.

I could not agree more. I just don't want to be the guy saying we need to do something about it and not acting to attempt it.

If we can show that they intentionally kept a null and void law that restricts the possession of firearms in the parks then I will take it to the a contact of mine at the AG's office and see what can be done. That office would have the power to do something at that point. Whether or not they will is another story.
 
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