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Thread: Seattle declares martial law, bans weapons

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    Seattle declares martial law, bans weapons

    http://www.komonews.com/news/local/W...149713705.html

    Somebody needs to re-read 9.41.290

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    Thumbs up

    Yep. The only person in the state who can legally declare a state of emergency and prohibit guns outside the home is the governor:

    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) in a place other than that person's place of residence or business;
    But, since that goes directly against Section 24 of the 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.
    and provides no exception for a state of emergency (although another exception is included), whether such a prohibition would hold up in court is debatable.

    Further, the since the city and the PD receive federal funds (homeland security grants especially vis-a-vis the police), they would also run afoul of the Stafford Act:

    Sec. 706. Firearms Policies (42 U.S.C. 5207)*
    (a) Prohibition on Confiscation of Firearms - No officer or employee of the United
    States (including any member of the uniformed services)
    , or person operating
    pursuant to or under color of Federal law, or receiving Federal funds, or under
    control of any Federal official, or providing services to such an officer,
    (1) temporarily or permanently seize, or authorize seizure of, any firearm the
    possession of which is not prohibited under Federal, State, or local law,
    other than for forfeiture in compliance with Federal law or as evidence in a
    criminal investigation;

    (2) require registration of any firearm for which registration is not required by
    Federal, State, or local law;
    (3) prohibit possession of any firearm, or promulgate any rule, regulation, or
    order prohibiting possession of any firearm, in any place or by any person
    where such possession is not otherwise prohibited by Federal, State, or
    local law; or

    (4) prohibit the carrying of firearms under Federal, State, or local law, solely
    because such person is operating under the direction, control, or supervision
    of a Federal agency in support of relief from the major disaster or
    emergency.
    (b) Limitation - Nothing in this section shall be construed to prohibit any person in
    subsection (a) from requiring the temporary surrender of a firearm as a
    condition for entry into any mode of transportation used for rescue or
    evacuation during a major disaster or emergency, provided that such
    temporarily surrendered firearm is returned at the completion of such rescue or
    evacuation.
    Last edited by ManInBlack; 05-01-2012 at 07:15 PM.

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    All the talk about Overthrowing Big Government, Revolution, etc., it's just another one of those nostalgic ideas that individuals have idealized.
    O RLY?
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    I already sent an email to the Mayor's office. I encourage others to do the same.

    The Mayor's emergency order issued today is in direct conflict with state law as it does not contain an exemption for firearm possession.

    RCW 9.41.290 gives the State exclusive domain over all issues related to firearms.

    RCW 43.06.220 grants the power to the Govenor to restrict the poessions of firearms in public during a delcared emergency, but makes no provision nor delegation of power for a City/Mayor to do the same.


    How can this get rectified?

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    Regular Member DCKilla's Avatar
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    I wouldn't knowingly walk into a riot. Unfortunately, for the people who live there, they don't have much of a choice. Confiscating a lawfully carried firearm from a LAC, would be foolish even during this situation. Of course, the mayor has no athority to enact marshal law according to state law already stated. Isn't SPD's policy to shoot anyone who has a weapon? I mean a brick and 2x4 would be much more threatening than a carving tool.

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    Quote Originally Posted by jddssc121 View Post
    I already sent an email to the Mayor's office. I encourage others to do the same.

    The Mayor's emergency order issued today is in direct conflict with state law as it does not contain an exemption for firearm possession.

    RCW 9.41.290 gives the State exclusive domain over all issues related to firearms.

    RCW 43.06.220 grants the power to the Govenor to restrict the poessions of firearms in public during a delcared emergency, but makes no provision nor delegation of power for a City/Mayor to do the same.


    How can this get rectified?
    i'd have added: "you'd think you people would know this by now"
    US Constitution - void where prohibited by law.

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    Regular Member davidmcbeth's Avatar
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    I don't care if the president declares this to be an order. I will not give up my guns ... its an unlawful order and one we should resist.

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    Regular Member davidmcbeth's Avatar
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    Quote Originally Posted by jddssc121 View Post


    How can this get rectified?[/I]
    By making the cops go away .. mad max style .

    another karina

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    Isn't the reason we have the right to bare arms exactly for moments like this?
    What sort of man would put a known criminal in charge of a major branch of government? Apart from, say, the average voter.

    I believe in freedom, Mr. Lipwig. Not many people do, although they will, of course, protest otherwise. And no practical definition of freedom would be complete without the freedom to take the consequences. Indeed, it is the freedom upon which all the others are based.

    The freedom to succeed goes hand in hand with the freedom to fail. - Going Postal, Terry Pratchett

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    Quote Originally Posted by Levi View Post
    Isn't the reason we have the right to bare arms exactly for moments like this?
    "being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed"

    I think that it is here for exactly that reason.
    "though I walk through the valley in the shadow of death, I fear no evil, for I know that you are by my side" Psalms 23:4

    "Sell not virtue to purchase wealth, nor Liberty to purchase power." Benjamin Franklin

    “It’s always open season on criminals in Mason County, and there’s no bag limit.” Sen. Tim Sheldon (D)

    Molōn labe!

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    Founder's Club Member - Moderator Gray Peterson's Avatar
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    We're on it. Do NOT violate the mayor's order by openly carrying. You will be arrested, and the law enforcement officers will have qualified immunity despite Chan.

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    Regular Member NavyMike's Avatar
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    Has anyone been able to find a link to the actual written and signed declaration and order?

    I checked seattle.gov and couldn't find anything other than a press release saying that the city was activating its emergency operations center.


    The most recent Executive Order on McGinn's web page was issued in 2010:

    http://www.seattle.gov/mayor/openGov/execOrders.htm
    Last edited by NavyMike; 05-01-2012 at 10:21 PM.
    cum catapultae proscriptae erunt tum soli proscripti catapultas habebunt

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    Quote Originally Posted by NavyMike View Post
    Has anyone been able to find a link to the actual written and signed declaration and order?

    I checked seattle.gov and couldn't find anything other than a press release saying that the city was activating its emergency operations center.
    http://www.seattle.gov/mayor/media/P...nfiscation.pdf

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    Has anyone else noticed there is no expiration date/time to the illegal executive order?

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    Quote Originally Posted by NavyMike View Post
    Has anyone been able to find a link to the actual written and signed declaration and order?

    I checked seattle.gov and couldn't find anything other than a press release saying that the city was activating its emergency operations center.


    The most recent Executive Order on McGinn's web page was issued in 2010:

    http://www.seattle.gov/mayor/openGov/execOrders.htm
    http://www.seattle.gov/mayor/media/P...nfiscation.pdf
    Evangelical lessons are provided upon request. Anyone wishing to meet Jesus can just kick in my door.

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    Whoa, time out!!!!

    Nobody declared martial law. Where the hell did that come from?

    Gray's advice about not OCing right now is good advice. The cops may not stop you, but a herd of Black Bloc nuts just might get in your face to see how far they can push.

    As for the rest, give this a read. I just filed the story.



    Seattle mayor’s emergency order not aimed at legally-armed citizens?

    Responding to the acts of black-clad thugs in downtown Seattle Tuesday, Mayor Mike McGinn issued a proclamation that slaps down hard on the so-called “Black Bloc” anarchists.

    http://www.examiner.com/article/brea...armed-citizens

  16. #16
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    Found it

    Quote Originally Posted by NavyMike View Post
    Has anyone been able to find a link to the actual written and signed declaration and order?

    I checked seattle.gov and couldn't find anything other than a press release saying that the city was activating its emergency operations center.


    The most recent Executive Order on McGinn's web page was issued in 2010:

    http://www.seattle.gov/mayor/openGov/execOrders.htm
    Here's the written order:

    http://spdblotter.seattle.gov/wp-content/uploads/2012/05/eo.pdf
    cum catapultae proscriptae erunt tum soli proscripti catapultas habebunt

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    Quote Originally Posted by Dave Workman View Post
    Nobody declared martial law. Where the hell did that come from?

    Gray's advice about not OCing right now is good advice. The cops may not stop you, but a herd of Black Bloc nuts just might get in your face to see how far they can push.

    As for the rest, give this a read. I just filed the story.



    Seattle mayor’s emergency order not aimed at legally-armed citizens?

    Responding to the acts of black-clad thugs in downtown Seattle Tuesday, Mayor Mike McGinn issued a proclamation that slaps down hard on the so-called “Black Bloc” anarchists.

    http://www.examiner.com/article/brea...armed-citizens
    From Dave's article:

    One police source told Examiner late this afternoon that if a citizen is walking down a street (inside the emergency proclamation zone) with a legally-concealed handgun, he shouldn’t have anything to worry about. Police are not stopping people and frisking them for weapons.
    So, Dave, do you HONESTLY think the same "courtesy" would be extended to a citizen walking down a street (inside the emergency proclamation zone) with a legally-openly carried handgun? REALLY?
    Last edited by NavyLCDR; 05-01-2012 at 10:30 PM.

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    Question

    Quote Originally Posted by Dave Workman View Post
    Nobody declared martial law. Where the hell did that come from?

    Gray's advice about not OCing right now is good advice. The cops may not stop you, but a herd of Black Bloc nuts just might get in your face to see how far they can push.

    As for the rest, give this a read. I just filed the story.



    Seattle mayor’s emergency order not aimed at legally-armed citizens?

    Responding to the acts of black-clad thugs in downtown Seattle Tuesday, Mayor Mike McGinn issued a proclamation that slaps down hard on the so-called “Black Bloc” anarchists.

    http://www.examiner.com/article/brea...armed-citizens

    One police source told Examiner late this afternoon that if a citizen is walking down a street (inside the emergency proclamation zone) with a legally-concealed handgun, he shouldn’t have anything to worry about. Police are not stopping people and frisking them for weapons.
    With all due respect, no $hit. A concealed handgun wouldn't be seen by police.

    Your article seems to have an apologist tone to it.

    Total ignorance: an Obama supporter's stock in trade
    Quote Originally Posted by Beretta92FSLady View Post
    All the talk about Overthrowing Big Government, Revolution, etc., it's just another one of those nostalgic ideas that individuals have idealized.
    O RLY?
    http://en.wikipedia.org/wiki/List_of...and_rebellions
    Quote Originally Posted by Beretta92FSLady View Post
    Books are overrated; and so is history.

  19. #19
    Regular Member MKEgal's Avatar
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    Quote Originally Posted by Levi
    Isn't the reason we have the right to bare arms exactly for moments like this?
    No, the right to bare arms relates to summer on the beach.
    Nothing to do with government misconduct.

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    Quote Originally Posted by ManInBlack View Post
    With all due respect, no $hit. A concealed handgun wouldn't be seen by police.

    Your article seems to have an apologist tone to it.
    No, it has a FACTUAL tone to it.

    You know, sans the hyperbole and bull-squat that surfaces in a discussion like this.

    I'm one of the guys at SAF who sued Seattle over the parks gun ban and kicked their butts. I'm no fan of McGinn. But I'm not going to hand out tinfoil hat B.S. either.

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    Quote Originally Posted by NavyLCDR View Post
    From Dave's article:



    So, Dave, do you HONESTLY think the same "courtesy" would be extended to a citizen walking down a street (inside the emergency proclamation zone) with a legally-openly carried handgun? REALLY?
    I honestly think that if you trot down a street in Seattle in the middle of a civil disturbance right now with an openly carried firearm, you just might be looking for a confrontation, and I honestly think you just might find one.

    :-)

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    Quote Originally Posted by Dave Workman View Post
    No, it has a FACTUAL tone to it.

    You know, sans the hyperbole and bull-squat that surfaces in a discussion like this.

    I'm one of the guys at SAF who sued Seattle over the parks gun ban and kicked their butts. I'm no fan of McGinn. But I'm not going to hand out tinfoil hat B.S. either.
    How about this FACTUAL information Dave. The Civil Order issued by the mayor includes this, "Within this zone, all persons are prohibited from possessing, transporting, or transferring any weapon."

    In several places in Seattle Municipal Code a firearm is defined as, " 'Firearm' means a weapon or device from which a projectile may be fired
    by an explosive such as gunpowder."

    So, how can you honestly say, without having your head buried in the sand, that the mayor's civil order does NOT prohibit the possession, transporting or transferring of firearms included in the phrase "any weapon"?
    Last edited by NavyLCDR; 05-01-2012 at 10:56 PM.

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    Quote Originally Posted by Dave Workman View Post
    I honestly think that if you trot down a street in Seattle in the middle of a civil disturbance right now with an openly carried firearm, you just might be looking for a confrontation, and I honestly think you just might find one.

    :-)

    That's funny; I had no idea that my exercise of a right is subject to whether or not I happen to be within an arbitrarily-defined proximity to criminals. In fact, I thought that was the purpose of carrying for protection. Silly me.

    So if a citizen without a CPL is walking from his vehicle to his home, legally exercising his right to be armed, and he happens to be within the "proclamation zone," he is looking for a confrontation? That's rich.
    Last edited by ManInBlack; 05-01-2012 at 10:59 PM.

    Total ignorance: an Obama supporter's stock in trade
    Quote Originally Posted by Beretta92FSLady View Post
    All the talk about Overthrowing Big Government, Revolution, etc., it's just another one of those nostalgic ideas that individuals have idealized.
    O RLY?
    http://en.wikipedia.org/wiki/List_of...and_rebellions
    Quote Originally Posted by Beretta92FSLady View Post
    Books are overrated; and so is history.

  24. #24
    Opt-Out Members BigDave's Avatar
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    Quote Originally Posted by Dave Workman View Post
    Seattle mayor’s emergency order not aimed at legally-armed citizens?
    Dave it is in the wording and all it would take is for one officer or one prosecutor to act on it regardless of the Mayors intent.
    SECTION 1;
    B. Within this zone, all persons are prohibited from possession, transporting, or transferring any weapon….
    Any definition I know of related to a weapon includes firearms, poorly worded maybe but still a threat to the law abiding in a time where self defense my be paramount.

    I have no issue with the Mayor/Law Enforcement acting on these thugs carrying out the violent acts.
    Last edited by BigDave; 05-01-2012 at 11:07 PM.
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    And, Dave, does it matter if the proclamation is "aimed" at legally-armed citizens? It certainly INCLUDES legally-armed citizens.

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