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Thread: Preemption violation? Or misinterpretation?

  1. #1
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    9.12.020, may in the interest of public safety and welfare make any or all of the following orders:
    (1)Order the closing of all cocktail lounges, taverns, bars, and other places where intoxicating liquors are sold or dispensed by the drink, including all private clubs;
    (2)Order the discontinuance of the sale of all beer and wine and hard liquor, which orders, however, shall be subject to the laws of the state of Washington acting by and through the Washington State Liquor Control Board;
    (3)Prohibit the sale, distribution, or giving away of gasoline or other liquid flammable or combustible products or, in his discretion, prevent all sales thereof except sales transferred directly to a gasoline tank properly affixed to a motor vehicle, or in case of heating oil or liquefied gas into commercial or household tanks;
    (4)Order the closing of all gasoline stations and other establishments, the chief activity of which is the sale, distribution, or dispensing of liquid flammable or combustible products, except for the distribution of heating oil and liquefied gas as provided for in subsection (3) of this section;
    (5)Order the discontinuance of selling, distributing, dispensing, or giving away of any [highlight= rgb(255, 255, 0);]firearms or ammunition of any character whatsoever;
    (6)Order the closing of all establishments, portions, or departments thereof, the chief activity of which is the sale, distribution, dispensing, or giving away of [highlight= rgb(255, 255, 0);]firearms and/or ammunition;
    (7)Prohibit any person or persons from carrying or possessing upon any street, alley, highway, or public place within the city any [highlight= rgb(255, 255, 0);]firearms, knives, clubs, rocks, bricks, or other weapons, objects or contrivances susceptible for use in causing injury to persons or damage to property;
    (8)Order or impose a curfew upon all citizens of the city, or upon citizens of certain ages within the city, or order a curfew applicable to such geographical areas of the city or to the city as a whole as he may deem advisable, applicable during such hours of the day or night as he deems necessary in the interest of public safety and welfare, during the hours of which no person shall be allowed in the public streets, thoroughfares or places open to the public throughout the city or in any designated section of the city, excepting persons officially designated to duty with reference to the riot, unlawful assembly, or civil emergency;
    (9)To order or designate any one or more of the public streets, thoroughfares, or places within the city closed to vehicular traffic and/or pedestrian traffic. (Ord. 1244 § 2 (part), 1985: Ord. 506 § 3, 1969).

  2. #2
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    First part:

    Proclamation by Mayor. Whenever the Mayor or in the event of his inability to act the Mayor pro tempore, or in the event of his inability to act any other member of the City Council acting and instead of the Mayor, determines that an emergency exists arising out of a riot or unlawful assembly, or a civil emergency, causing or tending to cause danger of injury to persons or damage to property, he shall forthwith proclaim in writing the existence of such state of emergency, file a copy thereof in the office of the City Clerk, immediately advise all news media within the city of the signing of the proclamation and the contents thereof, and post copies of the proclamation at such public places as designated by the Mayor. (Ord. 1244 § 2 (part), 1985: Ord. 506 § 2, 1969).


  3. #3
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    Man, even for a so called "City Emergency" that sounds like complete and utter control over everything. No one can even carry a ROCK.. a part of nature?!

    WOW. Redmonds Mayor has some power issues!

  4. #4
    Regular Member j2l3's Avatar
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    It would be helpful, when you post code like this, you tell us where it is from.
    CZ 75B 9mm, Ruger P94 .40 S&W, Bersa Thunder .380, AR-15 Homebuild

  5. #5
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    j2l3 wrote:
    It would be helpful, when you post code like this, you tell us where it is from.
    Click the link.
    "A fear of weapons is a sign of retarded sexual and emotional maturity."

    "though I walk through the valley in the shadow of death, I fear no evil, for I know that you are by my side" Glock 23:40

  6. #6
    State Researcher Bill Starks's Avatar
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    While visiting Kentucky last summer I looked up the gun laws to ensure I was legal in every aspect. I ran across a couple that were very interesting. When I looked up the equivalent Washington laws, I found that we're screwed...... I think this confirms my moving back to Kentucky, Washington state sucks in the "Declared Emergency" arena.....

    Actual KRS wording:

    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.


    And the one thing Washington residents need to work on is the following:



    A NEW SECTION OF KRS CHAPTER 237 IS CREATED TO READ AS FOLLOWS:
    KRS 237.106
    Employers not permitted to prohibit weapons on property, if kept in a vehicle on that property
    (1) No person, including but not limited to an employer, who is the owner, lessee, or occupant of real property shall prohibit any person who is legally entitled to possess a firearm from possessing a firearm, part of a firearm, ammunition, or ammunition component in a vehicle on the property.
    (2) A person, including but not limited to an employer, who owns, leases, or otherwise occupies real property may prevent a person who is prohibited by state or federal law from possessing a firearm or ammunition from possessing a firearm or ammunition on the property.
    (3) A firearm may be removed from the vehicle or handled in the case of self-defense, defense of another, defense of property, or as authorized by the owner, lessee, or occupant of the property.
    (4) An employer that fires, disciplines, demotes, or otherwise punishes an employee who is lawfully exercising a right guaranteed by this section, and who is engaging in conduct in compliance with this statute shall be liable in civil damages. An employee may seek and the court shall grant an injunction against an employer who is violating the provisions of this section when it is found that the employee is in compliance with the provisions of this section.
    (5) The provisions of this section shall not apply to any real property:
    (a) Owned, leased, or occupied by the United States government upon which the possession or carrying of firearms is prohibited or controlled;
    (b) Of a detention facility as defined in KRS 520.010; or
    (c) Where a section of the Kentucky Revised Statutes specifically prohibits possession or carrying of firearms on the property.




  7. #7
    Regular Member j2l3's Avatar
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    State it in the post... save people time. If you have time to cut and paste the entire code, you have time to name the source.
    CZ 75B 9mm, Ruger P94 .40 S&W, Bersa Thunder .380, AR-15 Homebuild

  8. #8
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    It was in my 3rd post. I referenced the Mayor of Redmond.

  9. #9
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    This is the same issue we just took care of in the City of Deer Park, WA north of Spokane. They had the same wording, it was brought to the attention of the city council and the codes were brought in line with the state. Address the city council and suggest they update their codes. It really is as simple as that.

  10. #10
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    "If we were to ever consider citizenship as the least bit matter of merit instead of birthright, imagine who should be selected as deserved representation of our democracy: someone who would risk their daily livelihood to cast an individually statistically insignificant vote, or those who wrap themselves in the flag against slightest slights." - agenthex

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