mignuc

Hello, I'm new to the site. I have a couple of questions that must have been discussed before, so please forgive me, but I don't yet know the answers.

1. After Hurricane Katrina, severa states passed laws specifically prohibiting anyone from taking firearms from the public. Did Washington do that, or are there other reasons (like the State Constitution) that it is unnecessary? I have a City Council meeting that I'd like to address on Monday.

2. What is the statutory authority section(s) that make WA an open-carry state? Again, for the City Council meeting.

Thanks for your help.

-R. Theron Cammer

LivesToHunt

The Washington State Founding Fathers thought gun rights were so important that they put it in Article I of the State Constitution, which is the declaration of each citizen's rights. The reference is in Article I, Section 24 of the Washington State Constitution.

SECTION 24 RIGHT TO BEAR ARMS. The right of the individual citizen to bear arms in defense of himself, or the state, shall not be impaired, but nothing in this section shall be construed as authorizing individuals or corporations to organize, maintain or employ an armed body of men.

The Washington State Supreme Court was the first to rule that the Second Amendmend applies to the states via the Incorporation Clause of the 14th Amendment. The Washington State Supreme Court ruled this before the Supreme Court of the United States ruled on the McDonald appeal. They also ruled that the City of Seattle's ban on firearms in parks violated the state constitution. Attorney General Rob McKenna gave this opinion to the politicans in Seattle but the Seattle politicos ignored it and the court ruled in favor of gun owners.

sixgun

STE OF WASHINGTON EMERGENCY POWERS ACT

5. Order requiring the discontinuance of the sale, distribution or giving away of firearms and/or ammunition for firearms in any or all parts of the city, county or state;


We are currently investigating a pattern of county and local governments enacting emergency power provisions that violate RCW 9.41.290, the Washington State preemption statute. For example, the City of Yakima just repealed or amended certain laws that violated the state preemption law but we learned subsequently that the City Attorney's Office advised the City to retain the following emergency powers:

Chapter 6.06

EMERGENCY POWERS OF MAYOR, CITY COUNCIL AND CITY MANAGER

(7) An order prohibiting the possession of firearms or any other deadly weapon by a person (other than a law enforcement officer) in a place other than that person's place of residence or business;

Such statutory provisions are in direct violation of State Preemption:

The state of Washington hereby fully occupies and preempts the entire field of firearms regulation within the boundaries of the state, including the registration, licensing, possession, purchase, sale, acquisition, transfer, discharge, and transportation of firearms, or any other element relating to firearms or parts thereof, including ammunition and reloader components. Cities, towns, and counties or other municipalities may enact only those laws and ordinances relating to firearms that are specifically authorized by state law, as in RCW 9.41.300, and are consistent with this chapter. Such local ordinances shall have the same penalty as provided for by state law. Local laws and ordinances that are inconsistent with, more restrictive than, or exceed the requirements of state law shall not be enacted and are preempted and repealed, regardless of the nature of the code, charter, or home rule status of such city, town, county, or municipality.

Yakima no longer has such a statute on the books. But King County Code presently includes the following:

B. Upon the proclamation of an emergency by the executive, and during the existence of such emergency, the executive may make and proclaim any or all of the following orders:

9. An order prohibiting the carrying or possession of firearms or any instrument which is capable of producing bodily harm and which is carried or possessed with intent to use the same to cause such harm; provided that any such order shall not apply to peace officers or military personnel engaged in the performance of their official duties;

King County Code 12.52.030 (9)

Contact your local law enforcement and city and county lawmakers if such a law has been enacted where you live and contact us to let us know what responses, if any, that you receive. We have been involved professionally with clients and citizen activists in successfully advocating changes in both the Federal Way and Yakima codes by simply informing honest public servants that some local laws are illegal. Both jurisdictions are either in compliance now or are coming into compliance.

As stated above, we were told that Yakima repealed the above referenced emergency powers statute and then we got word that the City Attorney advised the Yakima City Council to retain the emergency powers. We will be posting a report detailing who and what transpired during the Council's open and closed sessions on September 1, 2009. If Yakima has a future emergency and illegally arrests gun owners that are lawfully exercising rights under state law (including the Washington State Constitution) the gun owners will certainly seek attorney's fees and costs. The federal courts ordered the City of New Orleans to pay huge fees and costs for its unlawful confiscations in the aftermath of Hurricane Katrina.

Citizen gun activists have brought about similar code changes in other Washington cities and counties. You can ascertain much about the status of firearms laws in various localities and other information at http://opencarry. mywowbb.com/ forum55/20452. html.

The Governor has emergency powers that enable her to ban guns outside the home during a state of emergency:
RCW 43.06.220

State of emergency — Powers of governor pursuant to proclamation.


(1) The governor after proclaiming a state of emergency and prior to terminating such, may, in the area described by the proclamation issue an order prohibiting:
(e) The possession of firearms or any other deadly weapon by a person (other than a law enforcement officer)

While the above referenced state law is not in violation of the state preemption statute, residents of Washington state (and our lawmakers) should be considering the way in which residents of New Orleans experienced a massive gun confiscation during the emergency following Hurricane Katrina. The NRA and many state legislators all over the United States have worked together to get laws enacted to prevent just such a confiscation in a number of states. Nevertheless, in Washington state, we are at the mercy of the Governor because, although there is proposed legislation modeled after the NRA endorsed legislation, it is unlikely it will ever get reported out of committee!

Note: Congress and President Bush also saw the need to act to protect gun owners’ rights during emergencies. H.R. 5013, the “Disaster Recovery Personal Protection Act,” was introduced in the House by Congressman Bobby Jindal (LA - 1) and passed the House on July 25, 2006 with a broad bi-partisan margin of 322-99. Senator David Vitter (R-La) introduced the Senate version of the bill and added it as an Amendment to Homeland Security Appropriations, which passed the United States Senate by 84-16, the largest margin of victory for a NRA-backed measure. On October 9, 2006, President George W. Bush signed this legislation into law.

Thus, states, counties and local governments may be sued under the federal Vitter Amendment if gun confiscation laws are enforced:

Private rights of action

(1) In general

Any individual aggrieved by a violation of this section may seek relief in an action at law, suit in equity, or other proper proceeding for redress against any person who subjects such individual, or causes such individual to be subjected, to the deprivation of any of the rights, privileges, or immunities secured by this section.

(2) Remedies

In addition to any existing remedy in law or equity, under any law, an individual aggrieved by the seizure or confiscation of a firearm in violation of this section may bring an action for return of such firearm in the United States district court in the district in which that individual resides or in which such firearm may be found.

(3) Attorney fees

In any action or proceeding to enforce this section, the court shall award the prevailing party, other than the United States, a reasonable attorney’s fee as part of the costs.

42 USC Sec. 5207 (2008)



Now you want my advice? Do not let it come to a court battle, you may win, but will not get your guns back..and the statutes basically give the state permission to take your guns,,,they just let you sue afterwords....bullshit if you ask me ..just be the first to shoot. At anyone who attempts to take them. Stand for something.

LivesToHunt

Thank you. I learned something also.

mignuc

Thank you so much. Your answers have been very helpful and, believe me, will be brought up before the Pasco City Council.

-mignuc