SEATTLE NEWS ARCHIVES & FEATURES

Sen. Phil Fortunato: Senate gun ban is unconstitutional

Nov 30, 2017, 6:33 AM | Updated: 8:14 am

olympia, government employees...

(AP Photo/Ted S. Warren, File)

(AP Photo/Ted S. Warren, File)

A state senator believes a ban on firearms in the observation gallery overlooking lawmakers in Olympia is part of a larger Democratic agenda.

RELATED: Ban on firearms in Washington Senate gallery

“It’s no coincidence this ruling came right after the certification of the election giving the Democrats a majority in the Senate,” said State Senator Phil Fortunato. “This is just the first salvo of what I believe will be many anti-Second Amendment policies. The lieutenant governor’s actions merited an immediate response that challenges this ideologically-driven, unnecessary and unconstitutional rule.”

That response was a letter Fortunato — a Republican from Auburn — personally delivered to Washington state’s Lieutenant Governor Cyrus Habib, from whom the new gun ban originated. No guns will be allowed in the observation gallery above the state Senate beginning in January. It’s an expansion of a previously-approved rule that banned openly-carried guns in public areas around the legislative building.

“The question is: Is a person intent on doing something bad going to be stopped by a sign on the gallery saying ‘no guns’?” Fortunato told KIRO Radio’s Dori Monson.

Fortunato argues that Democrats are just beginning to implement anti-gun policies now that the party has a majority in the Senate. He says that profiling visitors — like Israelis do to fight terrorism — would be a better security measure.

Fortunato also argues that the gun ban is unconstitutional.

“It would be constitutional if you consider the legislative building an insane asylum or a jail,” he said. “Which some people do consider it that … however, that’s not the case. The Constitution, and state law, states ‘mental institutions, jail and the courts.’ Anything else is not included (for a gun ban).”

Fortunato says that he won’t wait after such anti-gun moves are incrementally taken. He will respond immediately each time.

Please follow our Community Guidelines

everett fire...

Jake Chapman, KIRO 7 News

Local criminal investigation underway in Everett apartment fire that displaced 15 people

Fire investigators have launched a criminal investigation into a Halloween night apartment fire in Snohomish County.

41 minutes ago

snohomish shooting...

James Lynch

1 dead, another injured in shooting in unincorporated Snohomish

A 21-year-old man was killed, and another 21-year-old was injured after a shooting early Sunday in unincorporated Snohomish.

1 hour ago

chains...

Nate Connors

No snow, but chains required: WSP checks trucks on Snoqualmie Pass

WSP is conducting a chains emphasis patrol over Snoqualmie Pass on Tuesday and Wednesday.

2 hours ago

FILE - A banner for shooting victim Tyrin Johnson is seen on July 17, 2026, in Memphis, Tenn. (AP P...

Associated Press

Bodycam video shows aftermath of fatal shooting by National Guard in Memphis

NASHVILLE, Tenn. (AP) — Tennessee National Guard troops in Memphis last summer trained their handguns on a man as he lay dying on a sidewalk after a guard member shot him in the back, video released Monday by county prosecutors shows. A Memphis police officer can be heard in the footage from an officer’s body […]

2 hours ago

dog shot...

James Lynch

‘The reason I lived’: Seattle woman seeks surgery for dog shot protecting her

A Seattle woman said her dog Judah, a 150-pound Cane Corso, saved her life during a 2024 shooting.

2 hours ago

RV (1)...

Julia Dallas

Councilmember Strauss says Mayor Wilson broke her promise by vetoing RV permit program

Wilson signed four of the five RV ordinances passed by the City Council but vetoed a measure that would have created a new permit program.

2 hours ago

Sen. Phil Fortunato: Senate gun ban is unconstitutional