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Thread: This is a Test of the Emergency Gun Seizure System

  1. #1
    Regular Member BrenTen's Avatar
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    Reprinted from HotAir Green Room.

    Just what are the provisions of Washington State Law under Emergency Conditions? I bet Mayor Nicky would love to try this.





    King, North Carolina slapped on some amazing, draconian – and utterly irrelevant – restrictions during their recent round of flurries, imposing a curfew, banning alcohol sales, and banning the sale of firearms and ammunition, or possession of either off of one’s property.
    In other words, they declared a police state. Over snow.
    It’s over – sort of.

    Authorities lifted a curfew and alcohol restrictions in King on Sunday, but said a state of emergency declaration remained in effect until Monday.
    Authorities said the state of emergency declaration would continue until Monday 9 a.m., barring any unforeseen circumstances or severe changes.
    The rest of it, though?
    Effective Sunday afternoon, alcohol restrictions and a curfew were lifted. All other remaining restrictions would continue until Monday, said Paula May, King police chief.
    Other restrictions include a ban on the sale or purchase of any type of firearm, ammunition, explosive or any possession of such items off a person’s own premises.
    Also on Sunday, the emergency shelter established by the American red Cross at West Stokes High School was closed.
    “We appreciate the support and cooperation of everyone with our efforts to keep the citizens of King safe,” May said.
    Well, to be fair to the citizens of King, it sounds like if they didn’t “support and cooperate”, they might have wound up spending the weekend in an emergency shelter of a different kind.

  2. #2
    Campaign Veteran gogodawgs's Avatar
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    Interesting story and interesting comments seen here:

    http://www.wxii12.com/news/22487153/detail.html
    Live Free or Die!

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    Regular Member Ajetpilot's Avatar
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    Dave Workman's article, same subject:

    http://tinyurl.com/y97kgpr

  4. #4
    Regular Member BrenTen's Avatar
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    Thank you Ajetpilot.



  5. #5
    Regular Member Ajetpilot's Avatar
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    Actually, this state has very similar state of emergency provisions in RCW 43.06.220




    [/b]
    (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:

    (a) Any person being on the public streets, or in the public parks, or at any other public place during the hours declared by the governor to be a period of curfew;

    (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;

    (c) The manufacture, transfer, use, possession or transportation of a molotov cocktail or any other device, instrument or object designed to explode or produce uncontained combustion;

    (d) The transporting, possessing or using of gasoline, kerosene, or combustible, flammable, or explosive liquids or materials in a glass or uncapped container of any kind except in connection with the normal operation of motor vehicles, normal home use or legitimate commercial use;

    (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;

    (f) The sale, purchase or dispensing of alcoholic beverages;
    Etcetera...

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    We need to get our laws changed to reflect the state constitution too but I think the issue was calling bad weather an emergency just because some were unprepared and without electricity. OH NOES!

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    Opt-Out Members BigDave's Avatar
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    Ajetpilot wrote:
    Actually, this state has very similar state of emergency provisions in RCW 43.06.220

    (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:

    (a) Any person being on the public streets, or in the public parks, or at any other public place during the hours declared by the governor to be a period of curfew;

    (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;

    (c) The manufacture, transfer, use, possession or transportation of a molotov cocktail or any other device, instrument or object designed to explode or produce uncontained combustion;

    (d) The transporting, possessing or using of gasoline, kerosene, or combustible, flammable, or explosive liquids or materials in a glass or uncapped container of any kind except in connection with the normal operation of motor vehicles, normal home use or legitimate commercial use;

    (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;

    (f) The sale, purchase or dispensing of alcoholic beverages;
    Etcetera...
    As I was researching this very thing in Yakima City Ordinances I found that this restriction for the Governor is Unconstitutional and violates Article 1 Section 24 and depending on the situation the Disaster Relief and Emergency Assistance Act could come into play.

    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.

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    “We appreciate the support and cooperation..."


    ROTFLMAO




    They got every bit of an inch of snow and ice.

    (that was in the areas where it "snowed bad" as we say here.)

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    Shouldn't this be in the NC forum?

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    oops

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    Regular Member Machoduck's Avatar
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    Tomahawk, it is on the NC forum. I think it's appropriate here because of the similarities to RCW43.06.220, and I guess anywhere in the nation after Schoolbus Nagin and the follies in New Orleans.

    MD



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    Regular Member sudden valley gunner's Avatar
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    What if all the gun owners in any state just simply said no. What are they going to do? Since 2A is about stopping tyranny?
    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
    "Because of what appears to be a lawful command on the surface, many citizens, because
    of their respect for what only appears to be a law, are cunningly coerced into waiving their
    rights, due to ignorance." (Paraphrased)

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    sudden valley gunner wrote:
    What if all the gun owners in any state just simply said no. What are they going to do? Since 2A is about stopping tyranny?
    Round you up one by one, make a few examples, and the rest will fall in line.

  14. #14
    Regular Member sudden valley gunner's Avatar
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    Tomahawk wrote:
    sudden valley gunner wrote:
    What if all the gun owners in any state just simply said no. What are they going to do? Since 2A is about stopping tyranny?
    Round you up one by one, make a few examples, and the rest will fall in line.
    I know...was just dreaming that we would have a spine as a group of people and all say no.
    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
    "Because of what appears to be a lawful command on the surface, many citizens, because
    of their respect for what only appears to be a law, are cunningly coerced into waiving their
    rights, due to ignorance." (Paraphrased)

  15. #15
    Regular Member Ajetpilot's Avatar
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    Tomahawk wrote:
    sudden valley gunner wrote:
    What if all the gun owners in any state just simply said no. What are they going to do? Since 2A is about stopping tyranny?
    Round you up one by one, make a few examples, and the rest will fall in line.
    God, I hope that doesn't happen when/if they come knocking on our doors for citizen gun confiscation.

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    It's pretty much the way it has happened before in history. Especially when uniting before the door-knocking actually starts can be seen as an illegal conspiracy, and even if it's not it requires a lot of time and energy to prepare for a threat that always seems like it's "the day after tomorrow, but not today".

    Civil disobedience may work in some cases, but only if you can portray yourself as truly innocent and rightous in the public eye. Gun owners aren't quite there yet. The press can still spin us into bad guys too easily.

    Your best bet is to work hard to get the law changed. Doing so isn't as hard as you think, especially in a mostly pro-gun state, and it has the added benefit of creating a network of activists.

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    Tomahawk wrote:
    sudden valley gunner wrote:
    What if all the gun owners in any state just simply said no. What are they going to do? Since 2A is about stopping tyranny?
    Round you up one by one, make a few examples, and the rest will fall in line.
    I dont know all of you on the board but i know enough of you (and even trust a few of you) that i can honestly say they wouldnt stand a snowballs chance in hell of breaking any of us.

    I will uphold the constitution of this country not the gun grabbing bozo's who want to make us all subjects

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    Regular Member sudden valley gunner's Avatar
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    jarhead1055 wrote:
    Tomahawk wrote:
    sudden valley gunner wrote:
    What if all the gun owners in any state just simply said no. What are they going to do? Since 2A is about stopping tyranny?
    Round you up one by one, make a few examples, and the rest will fall in line.
    I dont know all of you on the board but i know enough of you (and even trust a few of you) that i can honestly say they wouldnt stand a snowballs chance in hell of breaking any of us.

    I will uphold the constitution of this country not the gun grabbing bozo's who want to make us all subjects
    I am down with that I met ya and trust ya Jarhead. If we could some how have foreknowledge of who they would go after first we could successfully stand up to them.
    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
    "Because of what appears to be a lawful command on the surface, many citizens, because
    of their respect for what only appears to be a law, are cunningly coerced into waiving their
    rights, due to ignorance." (Paraphrased)

  19. #19
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    All it takes is one person with an AR and a defensible position.

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    Regular Member compmanio365's Avatar
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    I know enough guys here on this board and have met enough of you in person to know that we have more of a chance than many would think.

  21. #21
    Regular Member sudden valley gunner's Avatar
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    antispam540 wrote:
    All it takes is one person with an AR and a defensible position.
    That didn't work out to well at Ruby Ridge or for the Branch Davidians. (this is not an endorsement of the "victims" at either place)
    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
    "Because of what appears to be a lawful command on the surface, many citizens, because
    of their respect for what only appears to be a law, are cunningly coerced into waiving their
    rights, due to ignorance." (Paraphrased)

  22. #22
    Regular Member sudden valley gunner's Avatar
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    compmanio365 wrote:
    I know enough guys here on this board and have met enough of you in person to know that we have more of a chance than many would think.
    If we have foreknowledge I would concur.
    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
    "Because of what appears to be a lawful command on the surface, many citizens, because
    of their respect for what only appears to be a law, are cunningly coerced into waiving their
    rights, due to ignorance." (Paraphrased)

  23. #23
    Regular Member Metalhead47's Avatar
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    We have a unique situation in America. Dunno about WA state statistics, but there's something like 80-100 million (or more) gun owners in this country. If only ten percent (and personally I think it'd be a helluvalot more than that) stood up & said "NO F-ING WAY" to an attempt at confiscation, that's an army eight or ten million strong. There's not a county in the world, even the UN, that could field an army even approaching that size. And that ten percent would likely be the ones with the most training, and the most toys.

    It wasn't that long ago that a bunch of farmers with rifles kicked the most powerful army in the world off their land.
    It is very wise to not take a watermelon lightly.

  24. #24
    Regular Member sudden valley gunner's Avatar
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    Maybe we need to have a preemptive gathering or meet to let state legislators know they will not be taking our guns in case of emergency. Huh Deros? What ya think another Oly outing? With a new bill Kevin?

    Wait is this in our state too? In case of disaster they can disarm us. I just remembered this was for one of the Carolina's.
    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
    "Because of what appears to be a lawful command on the surface, many citizens, because
    of their respect for what only appears to be a law, are cunningly coerced into waiving their
    rights, due to ignorance." (Paraphrased)

  25. #25
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    sudden valley gunner wrote:
    antispam540 wrote:
    All it takes is one person with an AR and a defensible position.
    That didn't work out to well at Ruby Ridge or for the Branch Davidians. (this is not an endorsement of the "victims" at either place)
    Yeah, but that was one location. They're not going to be able to do that at every single house that has guns without losing a lot of enforcement agents, taking years to do it, and killing any PR they or their superiors had.

    You don't have to stop them all - the more you stop, the less there are to attack the next guy.

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