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Ninth Circuit Court Rules Against Seattle Police Second Amendment Lawsuit

Seattle Police Ninth Circuit

We recently spoke on Concealed Carry Inc.s’ California state website about an issue that saw a store owner put behind bars for reading a situation’s danger incorrectly and shooting a shoplifter in the back. We spoke in that piece about being able to appropriately gauge a situation’s danger and just how difficult that can be to the untrained.

But what about the awareness and the ever-present danger that trained gun carriers such as our police have to handle? What about their ability and necessity to be situationally aware at all times when on the clock? Is that enough to be held to another standard when it comes to use of force? That’s what the Seattle Police argued to the Ninth Circuit Court in the Mahoney vs. City of Seattle case that has just wrapped up.

The city of Seattle’s police department has been made to adhere to a department “Use of Force” policy that required officers to use “objectively reasonable force, proportional to the threat or urgency of the situation” essentially meaning that the force a police officer can use must be equal to the force used against them.

The police argued that this infringed on their second amendment right to defend themselves with their firearms, as non-life threatening situations would not allow for the use of an officer’s firearm.

Many people agreed with the side the police department took in their argument, but still many people agreed with the flip side of the coin, stating that the regulation assures “Constitutional Policing.” But what about the only opinion that matters, that of the Ninth Circuit Court?

Well, the court made their statement loud and clear when they ruled in favor of the City of Seattle over that of its police. The statement the court made regarding its decision reads as follows…

“[The Use of Force Policy is] constitutional under the Second Amendment because there is a reasonable fit between the [Use of Force] Policy and the City of Seattle’s important government interest in ensuring the safety of both the public and its police officers.”

Only time will tell if the policy will maintain keeping police officer’s safe because no matter your opinion on the matter, this is the law in the city of Seattle now.

What do you think about the Ninth Circuit’s Decision? Do you believe that police should be held to the same standards of defensive gun use that citizens are, or should there be a more lenient approach to the boys and girls in blue because of their immense training? Let us know in the comments below.


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