Results 1 to 6 of 6

Thread: I voluntarily dismissed my federal appeal of Seattle Park's defunct gun ban

  1. #1
    Regular Member Bob Warden's Avatar
    Join Date
    Nov 2009
    Location
    Kent, Washington, USA
    Posts
    192

    I voluntarily dismissed my federal appeal of Seattle Park's defunct gun ban

    Hot off the press below. I think this is best for the movement:



    "In their June 28, 2010 McDonald v. Chicago decision, the U.S. Supreme Court ruled specifically that the Second Amendment right of individual citizens to bear arms for the purpose of self-defense was binding on states and municipalities. McDonald effectively reversed Judge Marsha Pechman’s March 11 federal district court ruling in Warden v. Nickels. It is now a settled fact that the Second Amendment fully applies to the actions of City of Seattle officials.

    Still to be resolved over the coming years is what constitutes “sensitive places” where the right to carry a handgun can legally be limited. Thanks in large part to the ongoing efforts of the Second Amendment Foundation, there are other cases in the pipeline around the country that are at least as well-positioned as mine to resolve this question. After careful consideration, and in support of a coordinated approach to protecting this fundamental civil right, I asked the Ninth Circuit this week to dismiss my pending appeal. My motion was granted, and the appeal was voluntarily dismissed today.


    The Seattle Parks gun ban was previously found to be an illegal violation of Washington's firearm state preemption statute. My voluntary dismissal of the federal case has no impact whatsoever on the state court ruling."

  2. #2
    Regular Member joejoejoe's Avatar
    Join Date
    Jan 2010
    Location
    Vancouver, WA
    Posts
    321
    So you dropped your case because the supreme court ruled that you can have guns in parks? If I read that correctly, then yeah... way to go ! It saves you the time and money because the supreme court already did it for ya! I also love the SAF

    Joe~

  3. #3
    Regular Member j2l3's Avatar
    Join Date
    Aug 2007
    Location
    Seattle, Washington, USA
    Posts
    871
    Give the man a break! He's been ostracized here a lot and now that he's cleaning up some loose ends... he gets it again.

    By dropping the suit it frees up the court to do something other than agree with the US Supreme Court.

    I say well done.
    CZ 75B 9mm, Ruger P94 .40 S&W, Bersa Thunder .380, AR-15 Homebuild

  4. #4
    Regular Member Tomas's Avatar
    Join Date
    Mar 2010
    Location
    University Place, Washington, USA
    Posts
    705
    Sounds like the proper move, Bob.

    What you were directly after was in great part handled by 'McDonald' and the lose ends are already being pursued elsewhere by others, so dropping the appeal makes perfect sense.
    No tyranny is so irksome as petty tyranny: The officious demands of policemen, government clerks, and electromechanical gadgets. -- Edward Abbey

    • • • Quis custodiet ipsos custodes? Faciémus!• • •

  5. #5
    Campaign Veteran gogodawgs's Avatar
    Join Date
    Oct 2009
    Location
    Federal Way, Washington, USA
    Posts
    5,667

    Nice job Bob!

    As you know I supported your efforts and agree that with the recent decision this is a good move.

    I also wanted to call you that you got something else right. You listed "sensitive places" which is CORRECT! I would like to add that the court did a cursory definition of "sensitive places" (pg 39-40 Alito opinion) which listed "schools and government buildings". It is still a fairly wide open berth for regulation, however, as we know not all government buildings are "sensitive". Not all states restrict "schools".

    (not "reasonable regulations" which is NOT in the courts decision)

    Quote Originally Posted by Bob Warden View Post
    Hot off the press below. I think this is best for the movement:



    "In their June 28, 2010 McDonald v. Chicago decision, the U.S. Supreme Court ruled specifically that the Second Amendment right of individual citizens to bear arms for the purpose of self-defense was binding on states and municipalities. McDonald effectively reversed Judge Marsha Pechman’s March 11 federal district court ruling in Warden v. Nickels. It is now a settled fact that the Second Amendment fully applies to the actions of City of Seattle officials.

    Still to be resolved over the coming years is what constitutes “sensitive places” where the right to carry a handgun can legally be limited. Thanks in large part to the ongoing efforts of the Second Amendment Foundation, there are other cases in the pipeline around the country that are at least as well-positioned as mine to resolve this question. After careful consideration, and in support of a coordinated approach to protecting this fundamental civil right, I asked the Ninth Circuit this week to dismiss my pending appeal. My motion was granted, and the appeal was voluntarily dismissed today.


    The Seattle Parks gun ban was previously found to be an illegal violation of Washington's firearm state preemption statute. My voluntary dismissal of the federal case has no impact whatsoever on the state court ruling."
    Live Free or Die!

  6. #6
    Founder's Club Member - Moderator Gray Peterson's Avatar
    Join Date
    May 2006
    Location
    Lynnwood, Washington, USA
    Posts
    2,238
    Bob,

    You and I traded a lot of barbs over your filing in federal court and the assumptions that were made. When I met you in person two or three months ago, we spoke eloquently and when I heard that you were limiting your appeal to the 9th Circuit in terms of "asking for a vacate and remand", it was then that I realized that you were playing for the right team.

    Baker v. Biaggi (which was filed by Mountain States Legal Foundation, not SAF, in Nevada) is the likely federal case that will end up in front of the 9th Circuit Court of Appeals in regards to parks.

    Thank you for being the better man and doing this.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •