Mahoney v. City of Seattle

The use of force policy adopted by the City of Seattle does not violate the Second Amendment right of police officers to use firearms for the core lawful purpose of self-defense. The Ninth Circuit applied a two-step analysis and held that the policy was subject to Second Amendment protection because the policy—an employer policy that regulates a police officer's use of a department-issued firearm while on duty—did not resemble any of the "presumptively lawful" regulations recognized in District of Columbia v. Heller, 554 U.S. 570, 574–75, 635 (2008), and the parties have adduced no evidence that the policy imposed a restriction on conduct that falls outside the historical scope of the Second Amendment right to use a firearm for self-defense. The panel applied intermediate scrutiny to determine whether the policy violated the Second Amendment and held that there was a reasonable fit between the policy and Seattle's important interest in promoting the safety of the public and its police officers. Therefore, the panel affirmed the district court's dismissal of the Second Amendment claim. The panel also affirmed the district court's dismissal of the remaining substantive due process and equal protection claims. View "Mahoney v. City of Seattle" on Justia Law