BigDave
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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.
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
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.
- 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 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.
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