Gun-toting Kent man takes aim at Seattle gun ban

Summary

The man who recently took his pistol to a community center is taking the Seattle mayor to court. Robert C. Warden filed a complaint against the Seattle Mayor Greg Nickels and the city itself in U.S. District Court, alleging the city's gun ban defies his constitutional right to bear arms.

Story Published: Nov 27, 2009 at 1:25 PM PST

Story Updated: Nov 27, 2009 at 1:49 PM PST

Gun-toting Kent man takes aim at Seattle gun ban

Bob Warden displays his shouldered Glock pistol.

SEATTLE -- A Kent man who chose to "exercise his right to bear arms" by carrying a holstered Glock pistol into a community center earlier this month has taken the mayor to federal court.

Robert C. Warden filed a complaint against the Seattle Mayor Greg Nickels and the city itself in U.S. District Court, alleging the city's gun ban defies his constitutional right to bear arms.

The complaint cites an executive order Nickels issued in June, directing all departments to review then-present rules "to determine the extent to which departments could prohibit firearms on city property."

Nickels last month banned guns on city facilities where children are likely to frequent. The places on the ban list include parks, playgrounds, community and environmental learning centers, sports fields and courts, swimming beaches, pools, water play areas, skate parks and golf courses.

Warden's complaint defines the gun ban as a "substantial and comprehensive infringement of Second Amendment rights" -- an opinion the state Attorney General Rob McKenna shares, according to Warden. In a formal written opinion, McKenna said cities in Washington state do not have the power to regulate the possession of firearms on or in city property generally open to the public.

The complaint seeks an order permanently prohibiting the city and Nickels from enforcing any law that "in any way regulates any aspect of firearms unless specifically authorized by Washington Sate statutory law."

Warden, 44, protested the city's new gun ban by walking into the Southwest Community Center in West Seattle while carrying his gun at high noon on a Saturday earlier this month.

He had forewarned parks officials of his intent and, as a result, was asked to leave immediately after entering the center. Warden complied.

Warden, an attorney licensed to practice in Washington, said the incident gives him legal standing to file a lawsuit over the ban, which he believes is illegal.

"They know full well it's illegal, but they went ahead and did it anyway," Warden said during an earlier interview, adding that he is not a member of the National Rifle Association.

Warden questioned the mayor's motives in announcing the ban.

"How is it for public safety?" he said. "Are you promoting public safety if you forbid responsible, trained, intelligent people who know how to shoot a firearm from possessing one?"