April 2011 - Parks & Recreation - 35

By James C. Kozlowski, J.D., Ph.D.

law re view

Right To Bear Arms Limited in
" Sensitive " Public Facilities

n District of Columbia v. Heller, 554 U.S. 570; 128 S. Ct. 2783; 171 L. Ed. 2d 637

(6/26/2008), the Supreme Court of the United States held " a District of Columbia
prohibition on the possession of usable handguns in the home violated the Second
Amendment to the U.S. Constitution. "
In so doing, however, the opinion of the Court noted that " nothing in our opinion should be taken to
cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or
laws forbidding the carrying of firearms in sensitive
places such as schools and government buildings,
or laws imposing conditions and qualifications on the
commercial sale of arms. " Further, the Court stated
that " [w]e identify these presumptively lawful regulatory measures only as examples; our list does not
purport to be exhaustive. "
Two years later, in the case of McDonald v. City of
Chicago, 130 S. Ct. 3020; 177 L. Ed. 2d 894 (2010), the
Supreme Court reiterated " those assurances " made
in Heller that " nothing in our opinion should be taken to cast doubt on longstanding prohibitions on the
possession of firearms by felons and the mentally ill,
or laws forbidding the carrying of firearms by felons
and the mentally ill, " and " laws forbidding the carrying of firearms in sensitive places such as schools
and government buildings, or laws imposing conditions and qualifications on the commercial sale of
arms. " Accordingly, the Court noted that the limited
holding in Heller " does not imperil every law regulating firearms, " particularly those forbidding " the
carrying of firearms in sensitive places. "

Vectorstock

Park Gun Policy
Although the Supreme Court in Heller and McDonald did not directly address the issue, such " sensitive places " would presumably include public parks
in a non-exclusive list of " places such as schools and
government buildings. " In the case of Warden v.
Nickels, 697 F. Supp. 2d 1221 (W.D. Wash 3/11/2010),
the federal district court found such " sensitive
places " could reasonably include " certain parks

facilities " where " children and youth are likely to
be present. "
In this case, plaintiff Robert Warden sued the City
of Seattle and Mayor Greg Nickels, challenging the
constitutionality of a rule created by the Seattle Parks
Department that made it illegal to carry concealed
firearms or display firearms at certain parks facilities where " children and youth are likely to be present and . . . appropriate signage has been posted
to communicate to the public that firearms are not
permitted at the facility " ( " Park Rule " ; Department of
Parks and Recreation Rule/Policy No. P 060-8.14(4.0)
Oct. 14, 2009).
The Park Rule was created after Mayor Greg Nickels issued an executive order on June 6, 2008 directing city departments to create rules and policies to
" prohibit the possession of dangerous weapons, including firearms, on City Property " (Executive Order
07-08). The penalty for violating the Park Rule is ejectment. There are no criminal or other related penalties.
Warden alleged he entered the Seattle Southwest Community Center on November 14, 2009, a
Saturday when the " facility was bustling with weekend activity. " Warden further alleged he possessed
a concealed pistol license and he carried his pistol
under his jacket onto the park property. Warden had
forewarned defendants he would enter the park carrying his concealed weapon. A parks security official
was present on November 14, 2009 when Warden
entered the Seattle Southwest Community Center. The official asked Warden to leave the park after determining that he was carrying a weapon and
verifying that he was the man who had previously
contacted the City.
In his complaint, Warden alleged that the Park Rule
violated the Second Amendment, Equal Protection

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