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Thread: City Emergency Powers Prohibiting Firearms !

  1. #1
    Opt-Out Members BigDave's Avatar
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    I have been working on a few issues with Yakima City Ordinances; to date two have been appealed and still working on the issue of City Emergency Powers to prohibit firearms outside the home or business during the Cities Declared Disaster or Emergency.
    There are many other Cities in Washington that try and circumvent our right to carry during an emergency and I urge others to stand up and be heard.

    The Yakima City Attorney is reviewing and should be returning with a report to the Council on Oct 6, 2009 at 6pm.

    I have requested that they remove the portion restricting firearms in the Emergency Powers as it violates or infringes upon citizens rights.

    1. RCW 9.41.290 State Preemption that the state of Washington fully occupies and preempts the entire field of firearms regulation within the boundaries of the state.Attorney General Opinion 2008 No. 8 reaffirms that Washington State maintains jurisdiction on firearms laws and Cities, Towns and Municipalities ordinances are preempted.Washington State Constitution ARTICLE I DECLARATION OF RIGHTS 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.”

    If the argument of the City has the right to enact guns laws that are not more restrictive then State Law then I agree and disagree as to the circumstances and limitations.

    1. If the Governor declared a proclamation declaring a disaster or emergency in a defined area as Yakima, City or County and invoking the prohibition on firearms outside the home or business then yes they would not be more restrictive then but only for the time in which the Governor has enacted the prohibition.If the Governor’s proclamation did not invoke the firearms restriction then the City could not invoke it either.If the Governor did not declare an emergency any prohibition by the City on firearms outside the home or business would be in violation of State Preemption as the prohibition on firearms would not be enforceable.

    Applicable RCW’s 06.010 Governor Powers and Duties and RCW 43.06.220 State of Emergency—Powers of Governor Pursuant to Proclamation.

    Now what else is involved is Disaster Relief and Emergency Assistance Act where laws that were not in affect prior to the disaster or emergency could not be imposed or created to restrict or confiscation of firearms.

    If the Governor does not impose the prohibition on firearms outside the home or business and the City did they would become financially liable and violating State and Federal Law and relief could be sought through Federal District Court.


    THE ROBERT T. STAFFORD DISASTER RELIEF AND
    EMERGENCY ASSISTANCE ACT
    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
    January 9, 2007
    Sec. 705 ROBERT T. STAFFORD DISASTER RELIEF 62
    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. (42 U.S.C. 5207)
    January 9, 2007


    • Being prepared is to prepare, this is our responsibility.
    • I am not your Mommy or Daddy and do not sugar coat it but I will tell you simply as how I see it, it is up to you on how you will or will not use it.
    • IANAL, all information I present is for your review, do your own homework.

  2. #2
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    If I recall correctly, these "emergency powers" are the same ones they were (Cawley at least) were talking about using to create that "all-ages curfew" in the low-income parts of town.
    Unconstitutional and against the Statutes.

    Did the city attorney get back yet?

  3. #3
    Opt-Out Members BigDave's Avatar
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    YAKIMA CITY COUNCIL BUSINESS MEETING OCTOBER 20, 2009 COUNCIL CHAMBERS – YAKIMA CITY HALL 4. Consent Agenda All items listed with an asterisk (*) are considered routine by the City Council and will be enacted by one motion without discussion. A citizen may request Council to remove an item from the Consent Agenda, and if approved, it will be considered in its normal sequence on the agenda. *20. Consideration of an Ordinance amending Section 6.06 of the Yakima Municipal Code regarding emergency powers authorizing firearms regulation

    SUBMITTED BY: Helen Harvey, Senior Assistant City Attorney CONTACT PERSON/TELEPHONE: Helen Harvey, 575-6030 SUMMARY EXPLANATION:

    The City of Yakima passed an ordinance in 2004 entitled “Emergency Powers of Mayor, City Council and City Manager” which appears in Chapter 6.06 of the Yakima Municipal Code (“YMC”). This ordinance provides for delegation of certain emergency powers to the Mayor in a civil emergency in the event that decisive action is required prior to the City Council being properly convened. Any order issued by the Mayor is to be presented to the City Council for ratification and confirmation at the earliest practicable time and in no event more than 72 hours after the proclamation of the emergency. This ordinance authorizes the City Manager to enter into contracts and authorize expenditures in a civil emergency, subject to presentation for review and appropriate legislation to the City Council at the earliest practicable time. At the City Council meeting on October 6, 2009, the City Council directed staff to prepare for its consideration amendments to YMC Section 6.06.030 including the deletion of YMC Section 6.06.030(A)(7). The proposed amended ordinance makes that deletion and makes limited additional changes in a new YMC Section 6.06.030(C). STAFF RECOMMENDATION: Pass Ordinance. COUNCIL ACTION: At the City Council business meeting on October 6, 2009, the City Council directed staff to prepare amendments to Yakima Municipal Code Section 6.06.030 for Council’s consideration.
    Last night Oct 20, 2009 Cities Emergency Powers concerning YMC Section 6.06.030(A)(7) Prohibiting Firearms Outside the Home or Business during a declared Emergency by the City was removed.

    As to "makes limited additional changes in a new YMC Section 6.06.030(C)" I will be trying to contact the City Attorney to see about this wording in this Section, as it was not disclosed to the public.
    • Being prepared is to prepare, this is our responsibility.
    • I am not your Mommy or Daddy and do not sugar coat it but I will tell you simply as how I see it, it is up to you on how you will or will not use it.
    • IANAL, all information I present is for your review, do your own homework.

  4. #4
    Opt-Out Members BigDave's Avatar
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    Just off the phone with the City Attorney in Yakima we discussed the statement "makes limited additional changes in a new YMC Section 6.06.030(C)".

    Has to do with if the city in the time of an Emergency may request to the Governor to enact the powers to the Governor that is provided in RCW 43.06.220, which as never been invoked since conception and hopefully stays that way until at such time it can be removed.

    There is House Bill 1832[size=]in House Judiciary that has gone no where to have a hearing on prohibiting firearms outside the home or business being unconstitutional ( Washington State Constitution Article I Section 24 Right to Keep and Bear Arms )

    Hopefully HB 1832 will be moved this year out of the House Judiciary to a committe that can get it to a hearing.

    We still face a majority in Olympia that opposes passing anything positive on fireams.
    • Being prepared is to prepare, this is our responsibility.
    • I am not your Mommy or Daddy and do not sugar coat it but I will tell you simply as how I see it, it is up to you on how you will or will not use it.
    • IANAL, all information I present is for your review, do your own homework.

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