No. 21-910

David Zaitzeff v. City of Seattle, Washington

Lower Court: Washington
Docketed: 2021-12-21
Status: Denied
Type: Paid
Response Waived
Tags: 2nd-amendment blade-length civil-rights constitutional-rights fixed-blade-knives knife-carry municipal-code second-amendment self-defense standing
Key Terms:
SecondAmendment JusticiabilityDoctri
Latest Conference: 2022-02-18
Question Presented (from Petition)

The city of Seattle has a municipal code. This code prohibits the public carry of knives by ordinary, law-abiding citizens, speaking of knives which are "fixed blade" or of blade length greater than 3.5 inches.

The Seattle law is enforced against those who are merely in their cars or passing through.

David Zaitzeff is a repeat victim of crime who has worn and desires to carry (by means of wearing in a sheath, that is) a fixed blade knife or sword in Seattle. Crimes have been committed against Zaitzeff at Greenlake, in other parts of Seattle and in other cities. After unjust conviction, Zaitzeff presents three questions:

1. Whether the Second Amendment allows the government to prohibit ordinary law abiding citizens from carrying fixed blade knives, or knives of a specific blade length, when outside the home for self-defense?

2. Whether the ex post facto designation of Greenlake Park as a "sensitive area" by the Washington state appeals court is within its power and constitutional?

3. Whether the trial court violated my right to present a defense by precluding, in limine, the evidence and discussion of the elements of a defense of necessity, doing so on the basis that the threat was generalized rather than specific to that day?

Question Presented (AI Summary)

Whether the Second Amendment allows the government to prohibit ordinary law abiding citizens from carrying fixed blade knives, or knives of a specific blade length, when outside the home for self-defense?

Docket Entries

2022-02-22
Petition DENIED.
2022-01-26
DISTRIBUTED for Conference of 2/18/2022.
2022-01-12
Waiver of right of respondent City of Seattle, Washington to respond filed.
2021-12-16
Petition for a writ of certiorari filed. (Response due January 20, 2022)

Attorneys

City of Seattle, Washington
Richard E. GreeneSeattle City Attorney's Office, Respondent
David Zaitzeff
David Zaitzeff — Petitioner