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Thread: Gun groups preparing to challenge Nickels gun ban

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    Gun owners prep to challenge Nickels ban.



    Does the term "malfeasance" mean anything to you?

    http://www.examiner.com/x-4525-Seattle-Gun-Rights-Examiner~y2009m10d19-WA-gun-owners-preparing-to-challenge-Nickels-ban

    Or try this:

    http://tinyurl.com/yfn7u2a


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    Regular Member SpyderTattoo's Avatar
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    Good article Dave... "Chomping at the bit" is exactly how I feel. Though I live in Kent and very rarely make the trip to Seattle, I really want to be involved in some sort of peaceful protest at one of these parks that's been listed. But patience is the way to work it right now.Can't wait tosee how this pans out with SAF.
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    Regular Member Ajetpilot's Avatar
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    And right now, the Bellevue-based Second Amendment Foundation and Citizens Committee for the Right to Keep and Bear Arms, and the National Rifle Association are said to be working out some last-minute details on the long-promised legal challenge.
    I know that the wheels of justice grind slowly. I also know that the virtue of patience doesn't last forever.
    Open carry activists seem the most impatient.
    I'm patiently waiting to see the next move.

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    Regular Member Dave_pro2a's Avatar
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    Dave Workman wrote:
    Gun owners prep to challenge Nickels ban.



    Does the term "malfeasance" mean anything to you?

    How about color of office andcolor of law..
    "I'm just a no-account screed-peddler" Dave Workman http://goo.gl/CNf6pB

    "We ought to extend the [1994] assault weapons ban" George W Bush

    "The Bush Administration declared a permanent ban today on almost all foreign-made semiautomatic assault rifles." George Bush Sr, New York Times on July 8, 1989

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    I can't wait to watch this unfold.



    On another note, it's "champing" at the bit, not "chomping." Yeah, I know.

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    3/325 wrote:
    I can't wait to watch this unfold.



    On another note, it's "champing" at the bit, not "chomping." Yeah, I know.
    Not with these hungry guys. They are CHOMPING at the bit, on the bit, on Greg's buttocks, just to keep their teeth sharp.





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    This could all be solved quickly, easily, and cheaply.

    Just have the legislature add this to RCW 9.41.290 State Preemption

    "Any city, town, county, municipality, or state department which has, as part of it's currently active code, laws, ordinances, regulations, or policies , a code, law, ordinance, policy, or regulation related to firearms which are not authorized by state law or are not consistent with this chapter shall be ineligible for state funding of any kind until such law, ordinance, regulation, or policy is repealed."

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    MrGray wrote:
    This could all be solved quickly, easily, and cheaply.

    Just have the legislature add this to RCW 9.41.290 State Preemption

    "Any city, town, county, municipality, or state department which has, as part of it's currently active code, laws, ordinances, regulations, or policies , a code, law, ordinance, policy, or regulation related to firearms which are not authorized by state law or are not consistent with this chapter shall be ineligible for state funding of any kind until such law, ordinance, regulation, or policy is repealed."
    Can you say "Initiative"?

    Love the name, keep mispronouncing it, though. "Mistagay"? Movie really wierded me out!

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    Campaign Veteran Right Wing Wacko's Avatar
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    MrGray wrote:
    This could all be solved quickly, easily, and cheaply.

    Just have the legislature add this to RCW 9.41.290 State Preemption

    "Any city, town, county, municipality, or state department which has, as part of it's currently active code, laws, ordinances, regulations, or policies , a code, law, ordinance, policy, or regulation related to firearms which are not authorized by state law or are not consistent with this chapter shall be ineligible for state funding of any kind until such law, ordinance, regulation, or policy is repealed."
    No, the state already took care of that... the ordinace is ALREADY REPEALED.

    To even imply otherwise, which your addition does;would be bad.



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    Right Wing Wacko wrote:
    MrGray wrote:
    This could all be solved quickly, easily, and cheaply.

    Just have the legislature add this to RCW 9.41.290 State Preemption

    "Any city, town, county, municipality, or state department which has, as part of it's currently active code, laws, ordinances, regulations, or policies , a code, law, ordinance, policy, or regulation related to firearms which are not authorized by state law or are not consistent with this chapter shall be ineligible for state funding of any kind until such law, ordinance, regulation, or policy is repealed."
    No, the state already took care of that... the ordinace is ALREADY REPEALED.

    To even imply otherwise, which your addition does;Â*would be bad.

    Â*
    And that is the argument Nickels is using. It is not an ordinance therefore it is not pre-empted. .290 is quiet on the subject of rules therefore rules are not pre-empted.

    It is a flawed thought that we all know is wrong but technically he is correct in his thought, he is just wrong on the intent of the law.
    "A fear of weapons is a sign of retarded sexual and emotional maturity."

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    Right Wing Wacko wrote:
    [quote]MrGray wrote:
    T

    No, the state already took care of that... the ordinace is ALREADY REPEALED.

    To even imply otherwise, which your addition does;Â*would be bad.

    Â*
    Fine. You go ahead and word it so that if they have a law, ordinance, rule, policy, whatever *currently on the books* which would be preempted, they can't get state money until THEY get rid of it.

    I'll sit back and watch, ok?

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    Legal Dictionary

    Main Entry: rule
    Function: noun
    1 a : a prescribed guide for conduct or action b : a regulating principle or precept

    2 a : an order or directive issued by a court in a particular proceeding esp. upon petition of a party to the proceeding that commands an officer or party to perform an act or show cause why an act should not be performed rule directing the district court to show cause why its ruling should not be vacated —People v. District Court, 797 Pacific Reporter, Second Series 1259 (1990)
    b : a usually judicially promulgated regulation having the force of law that governs judicial practice or procedure <rules of evidence> <rules of appellate procedure> —see also RULE OF COURT c : RULE OF LAW 1

    3 : all or part of a statement (as a regulation) by an administrative agency that has general or particular applicability and future effect and that is designed to implement, interpret, or prescribe law or policy or that describes the organization, procedure, or practice of the agency itself rule subject to statutory notice and comment requirements for informal rulemaking>

    4 a : a regulation or bylaw governing procedure or conduct in a body, organization, institution, or proceeding
    b : a resolution of a legislative rules committee setting forth the terms for consideration of a particular bill by the entire body

    5 : the exercise of authority or control rule> —see also HOME RULE, RULE OF LAW 2


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    joeroket wrote:
    Right Wing Wacko wrote:
    MrGray wrote:
    This could all be solved quickly, easily, and cheaply.

    Just have the legislature add this to RCW 9.41.290 State Preemption

    "Any city, town, county, municipality, or state department which has, as part of it's currently active code, laws, ordinances, regulations, or policies , a code, law, ordinance, policy, or regulation related to firearms which are not authorized by state law or are not consistent with this chapter shall be ineligible for state funding of any kind until such law, ordinance, regulation, or policy is repealed."
    No, the state already took care of that... the ordinace is ALREADY REPEALED.

    To even imply otherwise, which your addition does;would be bad.

    And that is the argument Nickels is using. It is not an ordinance therefore it is not pre-empted. .290 is quiet on the subject of rules therefore rules are not pre-empted.

    It is a flawed thought that we all know is wrong but technically he is correct in his thought, he is just wrong on the intent of the law.
    He's not technically correct in thought. Here's why:
    For the one person out there who hasn’t read 9.41.290, here it is (emphasis mine):
    The state of Washington hereby fully occupies and preempts the entire field of firearms regulation within the boundaries of the state, including the registration, licensing, possession, purchase, sale, acquisition, transfer, discharge, and transportation of firearms, or any other element relating to firearms or parts thereof, including ammunition and reloader components. Cities, towns, and counties or other municipalities may enact only those laws and ordinances relating to firearms that are specifically authorized by state law, as in RCW 9.41.300, and are consistent with this chapter. Such local ordinances shall have the same penalty as provided for by state law. Local laws and ordinances that are inconsistent with, more restrictive than, or exceed the requirements of state law shall not be enacted and are preempted and repealed, regardless of the nature of the code, charter, or home rule status of such city, town, county, or municipality.

    According to Merriam-Webster dictionary, an ordinance is
    1 a : an authoritative decree or direction : order b : a law set forth by a governmental authority; specifically : a municipal regulation
    2 : something ordained or decreed by fate or a deity
    3 : a prescribed usage, practice, or ceremony

    A regulation is
    1 : the act of regulating : the state of being regulated
    2 a : an authoritative rule dealing with details or procedure <safety regulations> b : a rule or order issued by an executive authority or regulatory agency of a government and having the force of law
    3 a : the process of redistributing material (as in an embryo) to restore a damaged or lost part independent of new tissue growth b : the mechanism by which an early embryo maintains normal development

    Since he plans to criminally trespass people, the rule/order he issued is a municipal regulation, which makes it an ordinance, which makes it preempted. The mayor is lying through his teeth, no surprise.

    "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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    I truely wishI was in seattle right now. I would find one of these signs and setup a lawn chair next to it.

    I dont see how you can lose in court unless the judge is totally off his rocker.

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    The other day, Tonya Mosley from KING5 news called me, and wanted my thoughts on the NIckels Gun Ban. I told her that I thought "It was a last minute, desperate attempt by Greg Nickels to pander the the left wing radicals, in hopes of landing a job with the Obama administration."

    To her credit, she thought I was pretty perceptive, and wanted me to state that on camera, but then she found out we, (The Firearms Academy of Seattle( is actually in Lewis County, and she said she didn't have time to drive down her for an interview. I told her to call you , Dave, but she said she already tried, but you were out of town. (Hey, I don't mind being Dave's back-up).

    Anyway, just thought I would share. Keep up the good work Dave.

    Marty

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    Marty Hayes wrote:
    The other day, Tonya Mosley from KING5 news called me, and wanted my thoughts on the NIckels Gun Ban. I told her that I thought "It was a last minute, desperate attempt by Greg Nickels to pander the the left wing radicals, in hopes of landing a job with the Obama administration."

    To her credit, she thought I was pretty perceptive, and wanted me to state that on camera, but then she found out we, (The Firearms Academy of Seattle( is actually in Lewis County, and she said she didn't have time to drive down her for an interview. I told her to call you , Dave, but she said she already tried, but you were out of town. (Hey, I don't mind being Dave's back-up).

    Anyway, just thought I would share. Keep up the good work Dave.

    Marty

    That guy Dave told me to beat feet before the phone started ringing, and he said "Don't worry about it. Hayes has your back." Never felt more comfortable in my life.

    Spent the whole day sitting with my back to windows and doors, looking for a poker game with Hickok at Nuttal & Mann's No. 10 in Deadwood.





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    Dave Workman wrote:
    Marty Hayes wrote:
    The other day, Tonya Mosley from KING5 news called me, and wanted my thoughts on the NIckels Gun Ban. I told her that I thought "It was a last minute, desperate attempt by Greg Nickels to pander the the left wing radicals, in hopes of landing a job with the Obama administration."

    To her credit, she thought I was pretty perceptive, and wanted me to state that on camera, but then she found out we, (The Firearms Academy of Seattle( is actually in Lewis County, and she said she didn't have time to drive down her for an interview. I told her to call you , Dave, but she said she already tried, but you were out of town. (Hey, I don't mind being Dave's back-up).

    Anyway, just thought I would share. Keep up the good work Dave.

    Marty

    That guy Dave told me to beat feet before the phone started ringing, and he said "Don't worry about it. Hayes has your back." Never felt more comfortable in my life.

    Spent the whole day sitting with my back to windows and doors, looking for a poker game with Hickok at Nuttal & Mann's No. 10 in Deadwood.



    That's so sad. Surely you want a different ending. Step away from the ledge, you can do it.

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    Commodore76 wrote:
    Dave Workman wrote:
    Marty Hayes wrote:
    The other day, Tonya Mosley from KING5 news called me, and wanted my thoughts on the NIckels Gun Ban. I told her that I thought "It was a last minute, desperate attempt by Greg Nickels to pander the the left wing radicals, in hopes of landing a job with the Obama administration."

    To her credit, she thought I was pretty perceptive, and wanted me to state that on camera, but then she found out we, (The Firearms Academy of Seattle( is actually in Lewis County, and she said she didn't have time to drive down her for an interview. I told her to call you , Dave, but she said she already tried, but you were out of town. (Hey, I don't mind being Dave's back-up).

    Anyway, just thought I would share. Keep up the good work Dave.

    Marty

    That guy Dave told me to beat feet before the phone started ringing, and he said "Don't worry about it. Hayes has your back." Never felt more comfortable in my life.

    Spent the whole day sitting with my back to windows and doors, looking for a poker game with Hickok at Nuttal & Mann's No. 10 in Deadwood.



    That's so sad. Surely you want a different ending. Step away from the ledge, you can do it.

    HA! Never abandon the comfort of having a good man on your Six.

    I'd go through a door with Marty any time. And, just to show I'm a good sport, I'd let him go first.

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    Dave Workman wrote:
    Commodore76 wrote:
    Dave Workman wrote:
    Marty Hayes wrote:
    The other day, Tonya Mosley from KING5 news called me, and wanted my thoughts on the NIckels Gun Ban. I told her that I thought "It was a last minute, desperate attempt by Greg Nickels to pander the the left wing radicals, in hopes of landing a job with the Obama administration."

    To her credit, she thought I was pretty perceptive, and wanted me to state that on camera, but then she found out we, (The Firearms Academy of Seattle( is actually in Lewis County, and she said she didn't have time to drive down her for an interview. I told her to call you , Dave, but she said she already tried, but you were out of town. (Hey, I don't mind being Dave's back-up).

    Anyway, just thought I would share. Keep up the good work Dave.

    Marty

    That guy Dave told me to beat feet before the phone started ringing, and he said "Don't worry about it. Hayes has your back." Never felt more comfortable in my life.

    Spent the whole day sitting with my back to windows and doors, looking for a poker game with Hickok at Nuttal & Mann's No. 10 in Deadwood.



    That's so sad. Surely you want a different ending. Step away from the ledge, you can do it.

    HA! Never abandon the comfort of having a good man on your Six.

    I'd go through a door with Marty any time. And, just to show I'm a good sport, I'd let him go first.
    I am sure there is something witty, funny, intelligent and spontanious I could say at the moment, but I think I will just go take a shower instead...

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