MYNORTHWEST NEWS

Victory for gun rights advocates challenging Seattle’s safe storage law

Oct 19, 2020, 5:40 PM | Updated: Oct 20, 2020, 10:48 am

(Photo by Karen Ducey/Getty Images)...

(Photo by Karen Ducey/Getty Images)

(Photo by Karen Ducey/Getty Images)

Gun rights advocates are celebrating after a lawsuit challenging Seattle’s safe storage law got new life in a state appeals court decision Monday.

It’s been over two years since Seattle passed its safe storage law requiring gun owners to safely store their firearms or face fines up to $10,000 should they fall into the wrong hands and be used in a crime, or hurt or kill someone intentionally or otherwise.

The new rules were nearly immediately challenged in court in a lawsuit filed by the Bellevue-based Second Amendment Foundation, the NRA, and others who claim it violates the state’s pre-emption law. The law bars local municipalities from enacting gun restrictions that go beyond current state law.

A King County Superior Court judge tossed the lawsuit in October 2018, citing a lack of standing on the part of plaintiffs. Because of that, the question of whether the safe gun storage law violates Washington state law remained undetermined in a court of law.

The plaintiffs appealed and the state appeals court heard arguments over a year ago. On Monday, the state appeals court reversed the lower court ruling, finding the plaintiffs did have standing.

“We conclude that justiciability defects do not remove a superior court’s subject matter jurisdiction and that the challengers have plausibly alleged a justiciable controversy under the appropriate CR 12(b)(6) standard. Accordingly, we reverse and remand for further proceedings consistent with this opinion,” the court found.

“It’s a great victory for the Second Amendment Foundation and our case against Seattle,” said Alan Gotlieb with the Second Amendment Foundation.

“We have to have a trial on the merits of the case, which I believe we will win eventually,” he added.

“We’re reviewing the decision and will confer with our pro bono legal counsel on our potential next steps,” said Dan Nolte with the Seattle City Attorney’s Office.

The city can decide to appeal the appeals court decision to the state Supreme Court, or go to trial in the lower court on the merits.

Gun rights advocates are looking forward to their day in court.

“That’s going to be great now because we can finally move ahead,” Gotlieb said. “A lot of our cases in Washington state have been stalled and taken a long time to actually get resolved and it’s because they really don’t want to rule in our favor, but they know eventually they’re going to have to.”

He also pointed to their recent victory in a similar legal challenge against the city of Edmonds as a good sign for their fight against the Seattle law.

MyNorthwest News

This NOAA satellite image shows the magnitude of the storm moving inland from the Pacific Ocean. (P...

Ted Buehner, KIRO Newsradio Meteorologist

What to expect as Western Washington’s first big fall storm arrives Saturday night

The fall season’s first strong weather system will sweep through Western Washington tonight, bringing strong winds and rain.

1 hour ago

Pierce County man sentenced child sex crimes...

Regan Gallo-Fenz

Pierce County man sentenced to 15 years in federal prison for child sex crimes

A Pierce County man has been sentenced to 15 years in federal prison after attempting to arrange the sexual abuse of children and producing child sexual abuse material, federal prosecutors announced.

10 hours ago

home listings...

Frank Lenzi

Home listings jump more than 25%: Is it a buyer’s market?

If you’re thinking about buying a house, now might be a good time: Home listings have risen, and pending sales have declined.

22 hours ago

Grays Harbor...

KIRO 7 News Staff

Grays Harbor deputies seek information about deadly hit-and-run near Satsop

The Grays Harbor County Sheriff’s Office is asking for the public’s help after a 53-year-old man was found dead along a road near Satsop last week.

22 hours ago

first responders...

Luke Duecy

Renton firefighter shot while responding to call highlights dangers facing first responders

A Renton firefighter was shot. The shooting is another example of the dangers first responders face while trying to help people in crisis.

23 hours ago

Macklemore (3)...

Julia Dallas

Macklemore says Climate Pledge Arena among venues that rejected his ‘Free Palestine Tour’

Macklemore said several venues, including Climate Pledge Arena, have rejected his efforts to bring his “Free Palestine Tour” to the U.S.

23 hours ago

Victory for gun rights advocates challenging Seattle’s safe storage law