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Washington State Laws regarding firearm possession

Aaron1124

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Can anyone point me, or cite the RCW that states what the state or local government is legally able to do if a state of emergency is declared by the Governor? Can they keep citizens off of the street and disarm them?

Does the legislature grant the government the authority to seize weapons from personal property?
 

ak56

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Aaron1124 wrote:
Can anyone point me, or cite the RCW that states what the state or local government is legally able to do if a state of emergency is declared by the Governor? Can they keep citizens off of the street and disarm them?

Does the legislature grant the government the authority to seize weapons from personal property?
RCW 43.06.220
State of emergency — Powers of governor pursuant to proclamation.

[/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;

(g) The sale, purchase or dispensing of other commodities or goods, as he or she reasonably believes should be prohibited to help preserve and maintain life, health, property or the public peace;

(h) The use of certain streets, highways or public ways by the public; and

(i) Such other activities as he or she reasonably believes should be prohibited to help preserve and maintain life, health, property or the public peace.

(2) The governor after proclaiming a state of emergency and prior to terminating such may, in the area described by the proclamation, issue an order or orders concerning waiver or suspension of statutory obligations or limitations in any or all of the following areas as further specified and limited by chapter 181, Laws of 2008:

(a) Liability for participation in interlocal agreements;

(b) Inspection fees owed to the department of labor and industries;

(c) Application of the family emergency assistance program;

(d) Regulations, tariffs, and notice requirements under the jurisdiction of the utilities and transportation commission;

(e) Application of tax due dates and penalties relating to collection of taxes; and

(f) Permits for industrial, business, or medical uses of alcohol.

(3) In imposing the restrictions provided for by RCW 43.06.010, and 43.06.200 through 43.06.270, the governor may impose them for such times, upon such conditions, with such exceptions and in such areas of this state he or she from time to time deems necessary.

(4) Any person willfully violating any provision of an order issued by the governor under this section is guilty of a gross misdemeanor.
Note that this power is granted to the Governor, and under preemption, local authorites do not have this power. HOWEVER, King county has an illegal ordinance that claims the county executive has this power, and so do someother places in the state. See the Local codes brought in line with state law thread sticked at the top of the Washington section of the forum.
 

Aaron1124

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I know Issaquah use to have an ordinance that gave the Mayor the right to call a state of emergency in their city. I just searched again, and can't find it. Maybe they removed it.
 

amzbrady

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Aaron1124 wrote:
sudden valley gunner wrote:
I think we all need to put our 2A friends on speed dial. If they attempt to disarm one they'll have to attempt to disarm all of us.
I second that!
I third that. I keep thinking of New Orleans where the Gaurd broke into people's homes and made them leave and confiscated their firearms too. We should have laws saying that as adults we should be able to decide for ourselves what is best for us, especially when it comes to our own homes.
 

ak56

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ak56 wrote:
Note that this power is granted to the Governor, and under preemption, local authorites do not have this power. HOWEVER, King county has an illegal ordinance that claims the county executive has this power, and so do someother places in the state. See the Local codes brought in line with state law thread sticked at the top of the Washington section of the forum.
Just to clarify what I said here. Local authorities may have emergency powers, but the firearm provision is covered under preemption.
 

phoneguy

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ak56 wrote:
Aaron1124 wrote:
Can anyone point me, or cite the RCW that states what the state or local government is legally able to do if a state of emergency is declared by the Governor? Can they keep citizens off of the street and disarm them?

Does the legislature grant the government the authority to seize weapons from personal property?
RCW 43.06.220
State of emergency — Powers of governor pursuant to proclamation.

[/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;

     (g) The sale, purchase or dispensing of other commodities or goods, as he or she reasonably believes should be prohibited to help preserve and maintain life, health, property or the public peace;

     (h) The use of certain streets, highways or public ways by the public; and

     (i) Such other activities as he or she reasonably believes should be prohibited to help preserve and maintain life, health, property or the public peace.

     (2) The governor after proclaiming a state of emergency and prior to terminating such may, in the area described by the proclamation, issue an order or orders concerning waiver or suspension of statutory obligations or limitations in any or all of the following areas as further specified and limited by chapter 181, Laws of 2008:

     (a) Liability for participation in interlocal agreements;

     (b) Inspection fees owed to the department of labor and industries;

     (c) Application of the family emergency assistance program;

     (d) Regulations, tariffs, and notice requirements under the jurisdiction of the utilities and transportation commission;

     (e) Application of tax due dates and penalties relating to collection of taxes; and

     (f) Permits for industrial, business, or medical uses of alcohol.

     (3) In imposing the restrictions provided for by RCW 43.06.010, and 43.06.200 through 43.06.270, the governor may impose them for such times, upon such conditions, with such exceptions and in such areas of this state he or she from time to time deems necessary.

     (4) Any person willfully violating any provision of an order issued by the governor under this section is guilty of a gross misdemeanor.
Note that this power is granted to the Governor, and under preemption, local authorites do not have this power. HOWEVER, King county has an illegal ordinance that claims the county executive has this power, and so do some other places in the state. See the Local codes brought in line with state law thread sticked at the top of the Washington section of the forum.

During such times telephones will not work.
Ham radio is the only comm link regular citizens will have.

 

Aaron1124

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phone guy wrote:
ak56 wrote:
Aaron1124 wrote:
Can anyone point me, or cite the RCW that states what the state or local government is legally able to do if a state of emergency is declared by the Governor? Can they keep citizens off of the street and disarm them?

Does the legislature grant the government the authority to seize weapons from personal property?
RCW 43.06.220
State of emergency — Powers of governor pursuant to proclamation.

(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;

(g) The sale, purchase or dispensing of other commodities or goods, as he or she reasonably believes should be prohibited to help preserve and maintain life, health, property or the public peace;

(h) The use of certain streets, highways or public ways by the public; and

(i) Such other activities as he or she reasonably believes should be prohibited to help preserve and maintain life, health, property or the public peace.

(2) The governor after proclaiming a state of emergency and prior to terminating such may, in the area described by the proclamation, issue an order or orders concerning waiver or suspension of statutory obligations or limitations in any or all of the following areas as further specified and limited by chapter 181, Laws of 2008:

(a) Liability for participation in interlocal agreements;

(b) Inspection fees owed to the department of labor and industries;

(c) Application of the family emergency assistance program;

(d) Regulations, tariffs, and notice requirements under the jurisdiction of the utilities and transportation commission;

(e) Application of tax due dates and penalties relating to collection of taxes; and

(f) Permits for industrial, business, or medical uses of alcohol.

(3) In imposing the restrictions provided for by RCW 43.06.010, and 43.06.200 through 43.06.270, the governor may impose them for such times, upon such conditions, with such exceptions and in such areas of this state he or she from time to time deems necessary.

(4) Any person willfully violating any provision of an order issued by the governor under this section is guilty of a gross misdemeanor.
Note that this power is granted to the Governor, and under preemption, local authorites do not have this power. HOWEVER, King county has an illegal ordinance that claims the county executive has this power, and so do someother places in the state. See the Local codes brought in line with state law thread sticked at the top of the Washington section of the forum.

During such times telephones will not work.
Ham radio is the only comm link regular citizens will have.
Do you mean that the Governor can suspend phone communication?
 

Bob Warden

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It is scary to think about the fact that basic rights can and historically sometimes have been suspended during crisis situations. Most disturbing is that the rights to keep and bear arms were founded at least in part to protect the individual from a corrupt government. Not much of a right if the government can suspend the right when the government says it is in crisis...
 

Aaron1124

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Kent, Washington, USA
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Bob Warden wrote:
It is scary to think about the fact that basic rights can and historically sometimes have been suspended during crisis situations. Most disturbing is that the rights to keep and bear arms were founded at least in part to protect the individual from a corrupt government. Not much of a right if the government can suspend the right when the government says it is in crisis...
If all three branches of Government agree to go against the Constitution, then we, the citizens, are the only ones who can stop it.
 

amzbrady

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Aaron1124 wrote:
Bob Warden wrote:
It is scary to think about the fact that basic rights can and historically sometimes have been suspended during crisis situations. Most disturbing is that the rights to keep and bear arms were founded at least in part to protect the individual from a corrupt government. Not much of a right if the government can suspend the right when the government says it is in crisis...
If all three branches of Government agree to go against the Constitution, then we, the citizens, are the only ones who can stop it.
And good luck with that, We would be outnumbered, out gunned, and not to mention the law would not be in our favor.
 

Aaron1124

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amzbrady wrote:
Aaron1124 wrote:
Bob Warden wrote:
It is scary to think about the fact that basic rights can and historically sometimes have been suspended during crisis situations. Most disturbing is that the rights to keep and bear arms were founded at least in part to protect the individual from a corrupt government. Not much of a right if the government can suspend the right when the government says it is in crisis...
If all three branches of Government agree to go against the Constitution, then we, the citizens, are the only ones who can stop it.
And good luck with that, We would be outnumbered, out gunned, and not to mention the law would not be in our favor.
We certainly wouldn't be outnumbered! That is, if we stick together. To quote Jesse Ventura

"Many people say to me, "Well wait a minute, how can we, the citizens ever stand up to the U.S. Government and their entire Military might?" Well wait a minute! I've got the answer! We threw everything we had at Vietnam! And they were nothing but a bunch of farmers with a few AK 47s, and they withstood it all! So ladies and gentlemen, don't ever, EVER let them take our rights. To hell with this Patriot Act!" - Jesse Ventura
 

ak56

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Carnation, Washington, USA
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amzbrady wrote:
Aaron1124 wrote:
Bob Warden wrote:
It is scary to think about the fact that basic rights can and historically sometimes have been suspended during crisis situations. Most disturbing is that the rights to keep and bear arms were founded at least in part to protect the individual from a corrupt government. Not much of a right if the government can suspend the right when the government says it is in crisis...
If all three branches of Government agree to go against the Constitution, then we, the citizens, are the only ones who can stop it.
And good luck with that, We would be outnumbered, out gunned, and not to mention the law would not be in our favor.
Actually, since the Constitution is the supreme law of the land, in this situation the law would be in our favor.
 

Aaron1124

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ak56 wrote:
amzbrady wrote:
Aaron1124 wrote:
Bob Warden wrote:
It is scary to think about the fact that basic rights can and historically sometimes have been suspended during crisis situations. Most disturbing is that the rights to keep and bear arms were founded at least in part to protect the individual from a corrupt government. Not much of a right if the government can suspend the right when the government says it is in crisis...
If all three branches of Government agree to go against the Constitution, then we, the citizens, are the only ones who can stop it.
And good luck with that, We would be outnumbered, out gunned, and not to mention the law would not be in our favor.
Actually, since the Constitution is the supreme law of the land, in this situation the law would be in our favor.
In theory, it would be, however, it would be up to those who interpret and carry out the law in this day and age.
 

ak56

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Aaron1124 wrote:
ak56 wrote:
amzbrady wrote:
Aaron1124 wrote:
Bob Warden wrote:
It is scary to think about the fact that basic rights can and historically sometimes have been suspended during crisis situations. Most disturbing is that the rights to keep and bear arms were founded at least in part to protect the individual from a corrupt government. Not much of a right if the government can suspend the right when the government says it is in crisis...
If all three branches of Government agree to go against the Constitution, then we, the citizens, are the only ones who can stop it.
And good luck with that, We would be outnumbered, out gunned, and not to mention the law would not be in our favor.
Actually, since the Constitution is the supreme law of the land, in this situation the law would be in our favor.
In theory, it would be, however, it would be up to those who interpret and carry out the law in this day and age.
Sadly true.
 

Whitney

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While the RCW cited is the "law of the land" check your local ordinances. For example Kitsap County has a law on the books that does not comply with the previously cited RCW. I have written to the county commissioners urging them to correct this.

Gene Beasley started an excellent post regarding the local codes.

Following is the Kitsap County code, check yours !!!!!!!!!!!!!!!


Chapter 2.04 COMMISSIONERS – EMERGENCY POWERS* * Editor’s Note: See also Ch. 2.104, “Emergency Management.” Sections: 2.04.010 Proclamation of civil emergency – When. 2.04.020 Orders during emergency. 2.04.030 Presentation of orders to commissioners for ratification. 2.04.040 Public to be notified. 2.04.050 Violation of order deemed misdemeanor. 2.04.010 Proclamation of civil emergency –

When. The chairman of the board of commissioners, or if he is unavailable, any other available commissioner, shall proclaim in writing the existence of a civil emergency, when it appears under existing circumstances that riot, unlawful assembly, insurrection, or the imminent threat thereof has occurred within the confines of Kitsap County and resulted in, or threatened to result in, the death or injury of persons, or the destruction of property to such extent as to require, in his judgment, extraordinary measures to protect the public peace, safety and welfare.

(Ord. 47 (1969) § 1, 1969) 2.04.020 Orders during emergency. Upon the proclamation of a civil emergency by the chairman of the board of commissioners, or such other members of the board of commissioners as may be available, and during the existence of such civil emergency, the chairman may make and proclaim any or all of the following orders:

(1) An order imposing a general curfew applicable to the county as a whole, or to such geographical area or areas of the county as he deems necessary, and during such hours as he deems necessary; and he may from time to time modify the area or areas to which such a curfew shall apply, and the hours that such curfew will be in effect;
(2) An order requiring any or all business establishments to close and remain closed until further order;
(3) An order requiring the closure of any or all bars, taverns, liquor stores and other business establishments where alcoholic beverages are sold or otherwise dispensed; provided that with respect to those business establishments which are not primarily devoted to the sale of alcoholic beverages, and in which such alcoholic beverages may be removed or made secure for possible seizure by the public, the portions thereof utilized for the sale of items other than alcoholic beverages may, in his discretion, be allowed to remain open;
(4) An order requiring the discontinuance of sale, distribution, or giving away of alcoholic beverages in any or all parts of the county;
(5) An order requiring the closure of any or all business establishments where firearms and/or ammunition for firearms are sold or otherwise dispensed; provided that with respect to those business establishments which are not primarily devoted to the sale of firearms and/or ammunition and in which such firearms and/or ammunition may be removed or made secure from possible seizure by the public, the portions thereof utilized for the sale of items other than firearms and/or ammunition may, in his discretion, be allowed to remain open;
(6) An order requiring the discontinuance of the sale, distribution or giving away of firearms and/or ammunition for firearms in any or all parts of the county;
(7) An order prohibiting the carrying or possession of firearms or any instrument which is capable of inducing bodily harm, provided that any such order shall not apply to peace officers or military personnel engaged in the performance of their official duties;
(8) An order requiring the discontinuance of the sale, distribution, or giving away of gasoline or other liquid, flammable or combustible products in any container (other than a gasoline tank properly fixed to a motor vehicle);
(9) An order closing to the public any and all public places, including streets, alleys, public ways, schools, parks, beaches, amusement areas, and public buildings;
(10) Such other orders as are imminently necessary for the protection of life and property. (Ord. 47 (1969) § 2, 1969) 2.04.030 Presentation of orders to commissioners for ratification. Any orders proclaimed pursuant to Section 2.04.020 shall, at the earliest practical time, be presented to the board of commissioners for ratification and confirmation and if not so ratified and confirmed shall be void. (Ord. 47 (1969) § 3, 1969) 2.04.040 Public to be notified. The chairman of the board of commissioners, or such other commissioner as is available, shall cause any proclamation issued by him pursuant to the authority of this chapter to be delivered to all news media within the county, and shall utilize such other available means, including public address systems, as is necessary, in his judgment, to give notice of such proclamation to the public. (Ord. 47 (1969) § 4, 1969) 2.04.050

Violation of order deemed misdemeanor. It is unlawful for anyone to fail or refuse to obey any such order proclaimed pursuant to this legislation. Any person convicted of a violation of this section is guilty of a misdemeanor. (Ord. 47 (1969) § 5, 1969)
 

amzbrady

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ak56 wrote:
Aaron1124 wrote:
ak56 wrote:
amzbrady wrote:
Aaron1124 wrote:
Bob Warden wrote:
It is scary to think about the fact that basic rights can and historically sometimes have been suspended during crisis situations. Most disturbing is that the rights to keep and bear arms were founded at least in part to protect the individual from a corrupt government. Not much of a right if the government can suspend the right when the government says it is in crisis...
If all three branches of Government agree to go against the Constitution, then we, the citizens, are the only ones who can stop it.
And good luck with that, We would be outnumbered, out gunned, and not to mention the law would not be in our favor.
Actually, since the Constitution is the supreme law of the land, in this situation the law would be in our favor.
In theory, it would be, however, it would be up to those who interpret and carry out the law in this day and age.
Sadly true.

I know we the people would be in the right to defend ourselves, our family, and our property against our govt. What I am saying is in reality, If we shot an armed guardsmen who was breaking into our house under orders to evacuate us and confiscate our weapons, We would do time. That is of course if we survived the other guardsman responding to the shooting. As far as sticking together, there is a large group of gun owners, but for us to assemble and strike out, I think would only bring out the bigger guns, tanks, amour. I would love to think that All of America would come together to fight a tyrannical govt. I am also a realist, and know that there is an increased population of immigrants who would not even think of standing with us against a govt. I myself would love to see everyone come together ahead of time and get rid of the corruption in the govt. But I dont see that happening either.

OK, now you can start chastizing me for my thoughts,and heresthe disclaimer, this is only my opinion.
 
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