Story Published:
Oct 28, 2009 at 10:59 AM PST
Story Updated:
Oct 29, 2009 at 4:13 PM PST
BELLEVUE, Wash. -- Several organizations and five residents filed a lawsuit Wednesday challenging the new Seattle parks regulation that bans firearms at designated Seattle Parks and Recreation facilities where children and youth are likely to be present, such as playgrounds, community and environmental learning centers, sports fields and courts, and golf courses.
Among those filing the suit are the Second Amendment Foundation, the National Rifle Association, Citizens Committee for the Right to Keep and Bear Arms and the Washington Arms Collectors.
"Every time the anti-gunners want to push gun control, they say we are doing this for the children," said Alan Gottlieb with the Second Amendment Foundation. "It's almost like it's their lead banner every single time, no matter what."
They say the ban violates Washington State's long-standing preemption statute.
"The ban makes it impossible, under threat of criminal trespass penalty, to lawfully carry firearms for the protection of spouses, partners and children on public property where these citizens have a right to be," he said.
But there was some support for the ban at Green Lake.
"I don't know why anyone needs a gun at a playground or any place where there are kids around," said Brain Nevenhouse.
But for others, they say the need for protection is everywhere. One of those party to the suit is Bob Kennar who supervises parolees for the state. He carries his own gun, because some of the bad guys don't like him.
"It's in the back of my mind," Kennar said. "I don't lose sleep over it, but like the police I know there's a chance that could happen."
Kennar has carried a gun for 29 years. He says the city of Seattle can't tell him no.
Ray Carter is gay. He's a founder of the Seattle Chapter of Pink Pistols. He carries a .380 because he says gays are targets and police can't prevent that.
"They can show up in time to write the report and mop up the blood and maybe find out who did it," Carter said. "As a potential victim that doesn't do me a lot of good."
Carter and Kennar use parks and community centers They understand the desire to protect children, but say they need protection too.
The ban went into effect on Oct. 14. Seattle officials say anyone who enters one of the posted facilities with a gun will be asked by Parks personnel or Seattle police officers to leave the area. If they refuse, they could be cited or arrested by police for trespassing.
After a man shot and injured three people at the 2008 Folklife Festival, Seattle Mayor Greg Nickels directed city departments to evaluate rules, policies and leases related to guns. The suspect in last year's shooting had a concealed weapons permit and a history of mental health problems.
The rule won't go into effect at a specific facility until signs are posted outside notifying people of the gun ban. The signs will be posted in phases with all signs in place by Dec. 1.
Nickels had said in the past he doesn't believe the city is acting beyond its power, adding he is asserting the same rights private property owners have.