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Thread: State of Emergency Provisions

  1. #1
    Regular Member Ajetpilot's Avatar
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    The way I read RCW43.06.220, the Governor can practically suspend the Washington State Constitution by declaring 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:

    (b) Any number of persons, as designated by the governor, from assembling or gathering on the public streets, parks, or other open areas of this state, either public or private;


    (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;

    (g) The sale, purchase or dispensing of other commodities or goods, as he or she reasonably believes should be prohibited to help preserve and maintain life, health, property or the public peace; [read ammunition]

    And, the all encompassing:



    (i) Such other activities as he or she reasonably believes should be prohibited to help preserve and maintain life, health, property or the public peace.
    I've just decided that I don't have nearly enough ammo to protect myself and family during an extended emergency.

  2. #2
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    +1000

    Or Food, Clean water, Power.

    Needs to be self sufficient for 30 days minimum.

    Have a plan, work the plan.

  3. #3
    Regular Member just_a_car's Avatar
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    Hrm... this RCW makes me think of the abuse of power committed in New Orleans after Katrina. If I remember correctly, the Louisiana legislature corrected that issue by making it illegal to do the things outlined here in our own RCW.

    I honestly think Katrina is still fresh enough in the public's mind that we would have no problem amending this to restrict the power of the governor and prevent such abuses of power.
    B.S. Chemistry UofWA '09
    KF7GEA

  4. #4
    State Researcher Bill Starks's Avatar
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    While I love living in this state things like this RCW make me glad I have property back home in Kentucky.

    KRS 237.104
    Governments shall not impair rights to weapons during time of emergency
    (1) No person, unit of government, or governmental organization shall, during a period of disaster or emergency as specified in KRS Chapter 39A or at any other time, have the right to revoke, suspend, limit the use of, or otherwise impair the validity of the right of any person to purchase, transfer, loan, own, possess, carry, or use a firearm, firearm part, ammunition, ammunition component, or any deadly weapon or dangerous instrument.
    (2) No person, unit of government, or governmental organization shall, during a period of disaster or emergency as specified in KRS Chapter 39A or at any other time, take, seize, confiscate, or impound a firearm, firearm part, ammunition, ammunition component, or any deadly weapon or dangerous instrument from any person.
    (3) The provisions of this section shall not apply to the taking of an item specified in subsection (1) or (2) of this section from a person who is:
    (a) Forbidden to possess a firearm pursuant to KRS 527.040;
    (b) Forbidden to possess a firearm pursuant to federal law.
    (c) Violating KRS 527.020;
    (d) In possession of a stolen firearm;
    (e) Using a firearm in the commission of a separate criminal offense; or
    (f) Using a firearm or other weapon in the commission of an offense under KRS Chapter 150.


  5. #5
    Campaign Veteran deepdiver's Avatar
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    M1Gunr wrote:
    While I love living in this state things like this RCW make me glad I have property back home in Kentucky.

    KRS 237.104
    Governments shall not impair rights to weapons during time of emergency
    (1) No person, unit of government, or governmental organization shall, during a period of disaster or emergency as specified in KRS Chapter 39A or at any other time, have the right to revoke, suspend, limit the use of, or otherwise impair the validity of the right of any person to purchase, transfer, loan, own, possess, carry, or use a firearm, firearm part, ammunition, ammunition component, or any deadly weapon or dangerous instrument.
    (2) No person, unit of government, or governmental organization shall, during a period of disaster or emergency as specified in KRS Chapter 39A or at any other time, take, seize, confiscate, or impound a firearm, firearm part, ammunition, ammunition component, or any deadly weapon or dangerous instrument from any person.
    (3) The provisions of this section shall not apply to the taking of an item specified in subsection (1) or (2) of this section from a person who is:
    (a) Forbidden to possess a firearm pursuant to KRS 527.040;
    (b) Forbidden to possess a firearm pursuant to federal law.
    (c) Violating KRS 527.020;
    (d) In possession of a stolen firearm;
    (e) Using a firearm in the commission of a separate criminal offense; or
    (f) Using a firearm or other weapon in the commission of an offense under KRS Chapter 150.

    MO amended their law to something very similar to KY's after the Katrina debacle. I'm very happy I live here and have family property in rural KY in case of such an emergency. I have noticed that some other states, VA I think was one, while having specific laws protecting firearms and the right to carry are moot as to ammunition. I think it is wise to have it included in the protections.

    I'm very surprised to see such a state such as WA, so wonderfully preempted as to gun rights, having such a noxious emergency powers provision in the statutes. I'll be interested to see if and how the firearm community in WA deals with this. I like reading the WA forum to get many good ideas on the right way to regain our 2A rights here given the firearms community's effectiveness there.
    Bob Owens @ Bearing Arms (paraphrased): "These people aren't against violence; they're very much in favor of violence. They're against armed resistance."

  6. #6
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    M1Gunr wrote:
    While I love living in this state things like this RCW make me glad I have property back home in Kentucky.

    KRS 237.104
    Governments shall not impair rights to weapons during time of emergency
    (1) No person, unit of government, or governmental organization shall, during a period of disaster or emergency as specified in KRS Chapter 39A or at any other time, have the right to revoke, suspend, limit the use of, or otherwise impair the validity of the right of any person to purchase, transfer, loan, own, possess, carry, or use a firearm, firearm part, ammunition, ammunition component, or any deadly weapon or dangerous instrument.
    (2) No person, unit of government, or governmental organization shall, during a period of disaster or emergency as specified in KRS Chapter 39A or at any other time, take, seize, confiscate, or impound a firearm, firearm part, ammunition, ammunition component, or any deadly weapon or dangerous instrument from any person.
    (3) The provisions of this section shall not apply to the taking of an item specified in subsection (1) or (2) of this section from a person who is:
    (a) Forbidden to possess a firearm pursuant to KRS 527.040;
    (b) Forbidden to possess a firearm pursuant to federal law.
    (c) Violating KRS 527.020;
    (d) In possession of a stolen firearm;
    (e) Using a firearm in the commission of a separate criminal offense; or
    (f) Using a firearm or other weapon in the commission of an offense under KRS Chapter 150.

    During a state of emergency, try traveling all the way to KY. No less with your firearm.

    I also think this is something we should move to have changed. As it is at times of emergency that we need to armed the most.

  7. #7
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    Triple Tap wrote:
    M1Gunr wrote:
    While I love living in this state things like this RCW make me glad I have property back home in Kentucky.

    KRS 237.104
    Governments shall not impair rights to weapons during time of emergency
    (1) No person, unit of government, or governmental organization shall, during a period of disaster or emergency as specified in KRS Chapter 39A or at any other time, have the right to revoke, suspend, limit the use of, or otherwise impair the validity of the right of any person to purchase, transfer, loan, own, possess, carry, or use a firearm, firearm part, ammunition, ammunition component, or any deadly weapon or dangerous instrument.
    (2) No person, unit of government, or governmental organization shall, during a period of disaster or emergency as specified in KRS Chapter 39A or at any other time, take, seize, confiscate, or impound a firearm, firearm part, ammunition, ammunition component, or any deadly weapon or dangerous instrument from any person.
    (3) The provisions of this section shall not apply to the taking of an item specified in subsection (1) or (2) of this section from a person who is:
    (a) Forbidden to possess a firearm pursuant to KRS 527.040;
    (b) Forbidden to possess a firearm pursuant to federal law.
    (c) Violating KRS 527.020;
    (d) In possession of a stolen firearm;
    (e) Using a firearm in the commission of a separate criminal offense; or
    (f) Using a firearm or other weapon in the commission of an offense under KRS Chapter 150.

    During a state of emergency, try traveling all the way to KY. No less with your firearm.

    I also think this is something we should move to have changed. As it is at times of emergency that we need to armed the most.
    Your right, they will have roadblocks up at all most all roads leading in or out of the state, best chance would be on foot.

  8. #8
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    So here is a question:

    Your out strolling along OCing, and something in the States happens that sends us into a State if Emergency. Do you switch to CC and head home? Continue to OC, and take the chance of being stopped?

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    Triple Tap wrote:
    So here is a question:

    Your out strolling along OCing, and something in the States happens that sends us into a State if Emergency. Do you switch to CC and head home? Continue to OC, and take the chance of being stopped?
    Build a house out of whatever you can find lying around. Fortify it using rocks from the local mountain. Kill and smoke enough wild game to last you through the winter. Dry enough vegetable matter to last you through the winter. Chop eight cords of wood with your pocketknife to last you through the winter. Entice a local maiden to move in with you in exchange for your protection. Start a family to repopulate the world. CC while doing so in the event that a law enforcement officer stops by to check on you.

  10. #10
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    heresolong wrote:
    Triple Tap wrote:
    So here is a question:

    Your out strolling along OCing, and something in the States happens that sends us into a State if Emergency. Do you switch to CC and head home? Continue to OC, and take the chance of being stopped?
    Build a house out of whatever you can find lying around. Fortify it using rocks from the local mountain. Kill and smoke enough wild game to last you through the winter. Dry enough vegetable matter to last you through the winter. Chop eight cords of wood with your pocketknife to last you through the winter. Entice a local maiden to move in with you in exchange for your protection. Start a family to repopulate the world. CC while doing so in the event that a law enforcement officer stops by to check on you.

  11. #11
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    heresolong wrote:
    Triple Tap wrote:
    So here is a question:

    Your out strolling along OCing, and something in the States happens that sends us into a State if Emergency. Do you switch to CC and head home? Continue to OC, and take the chance of being stopped?
    Build a house out of whatever you can find lying around. Fortify it using rocks from the local mountain. Kill and smoke enough wild game to last you through the winter. Dry enough vegetable matter to last you through the winter. Chop eight cords of wood with your pocketknife to last you through the winter. Entice a local maiden to move in with you in exchange for your protection. Start a family to repopulate the world. CC while doing so in the event that a law enforcement officer stops by to check on you.
    ROTFLMAO!
    I don't think I want to entice some of the local wimmin I see here in Oly though...:what:

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    I'm goin to idaho in a state of emergancy go the back way. theres a mountain near spokane on the washington side that is on the state border and the other side comes out near spirit lake Idaho. I used to camp out there before i joined the navy.

  13. #13
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    Your thinkin bremalos

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    Machoduck wrote:
    I don't think I want to entice some of the local wimmin I see here in Oly though...

    Do you mean the ones with braided armpits and sequins on their sneakers? :P

    MD
    Yeah, and facial hair longer than mine!

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    Regular Member Machoduck's Avatar
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    I don't think I want to entice some of the local wimmin I see here in Oly though...

    Do you mean the ones with braided armpits and sequins on their sneakers? :P

    MD

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    Machoduck wrote:
    I don't think I want to entice some of the local wimmin I see here in Oly though...

    Do you mean the ones with braided armpits and sequins on their sneakers? :P

    MD
    LOL, i believe it, i seen some nasty looking women that wouldnt surprise me that they had braided arm pit hairs

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    Just came across this on another board. It just may not be necessary to even worry about 43.06.220:

    PRINT AND PLACE WITH YOUR GUNS: under H.R.5441 sec. 706 passed and signed by the Pres. 10/2/06, they can no longer do what they did in New Orleans

    http://www.gunowners.org/no06.htm

    Title VII of the Robert T. Stafford Disaster Relief and Emergency
    Assistance Act (42 U.S.C. 5201 et seq.) is amended by adding at
    the end the following:

    ‘‘SEC. 706. FIREARMS POLICIES.

    ‘‘(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,

    employee, or other person, while acting in support of relief from

    a major disaster or emergency, may—

    ‘‘(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 by any person otherwise

    authorized to carry 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.

    ‘‘(c) 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.’’.

    VerDate 14-DEC-2004 11:04 Nov 27, 2006 Jkt 059139 PO 00295 Frm 00037 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL295.109 APPS PsN: PUBL295

    120 STAT. 1392 PUBLIC LAW 109–295—OCT. 4, 2006
    I trust the source but have NOT done anything myself to verify its accuracy.

    -adamsesq

  18. #18
    Regular Member Machoduck's Avatar
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    Thanks adamsesq, that helps even thought the limitations therein are only upon Federales. If nothing else, it's another law to throw in their faces.

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    Machoduck wrote:
    Thanks adamsesq, that helps even thought the limitations therein are only upon Federales. If nothing else, it's another law to throw in their faces.
    OH NO, not so fast- do State or local police receive Federal Funds? I think they do and if they do I think this says they are covered by it.

    -Scott

  20. #20
    Regular Member Machoduck's Avatar
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    Ahhh. Good Point. The old "He who pays the piper calls the tune" principle. Could it be that it might work in our behalf for a change?

  21. #21
    Regular Member shad0wfax's Avatar
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    adamsesq wrote:
    Just came across this on another board. It just may not be necessary to even worry about 43.06.220:

    PRINT AND PLACE WITH YOUR GUNS: under H.R.5441 sec. 706 passed and signed by the Pres. 10/2/06, they can no longer do what they did in New Orleans

    http://www.gunowners.org/no06.htm

    Title VII of the Robert T. Stafford Disaster Relief and Emergency
    Assistance Act (42 U.S.C. 5201 et seq.) is amended by adding at
    the end the following:

    ‘‘SEC. 706. FIREARMS POLICIES.
    [SNIP]
    I trust the source but have NOT done anything myself to verify its accuracy.

    -adamsesq

    I cut out the rest of the text because I wanted to clarify the above post and let it be known that it is verified from a .gov source. I'll also point out that the above post is correct in saying 5201 et seq, but if you attempt to search for it on a government website you'll have a hard time finding it because it's in 5207, specifically:

    Title VII – MiscellaneousSec. 706. Firearms Policies (42 U.S.C. 5207)*


    Aboveis a link on the fema.gov website where you can view the PDF of the entire Stafford Act. Just search for "Firearms Policies" and you can read it in its entirety.






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