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Thread: Gov declares state emergency due to ice storm and milk transportation

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    Regular Member jt59's Avatar
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    Gov declares state emergency due to ice storm and milk transportation

    Just so I am clear, under this emergency declaration am I no longer allowed to carry my sidearm out side of my home under her authorities?

    http://apps.leg.wa.gov/rcw/default.aspx?cite=43.06.220

    (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;


    http://www.usnews.com/news/articles/...ue-to-snow-ice
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    You left out the very important first line:

    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:
    (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;

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    To go a bit further, there are a number of states (although I could not find reliable counts via google searches), as well as the federal government, that have passed laws since Hurricane Katrina which expressly forbids restrictions on possession during a state of emergency or declared disaster.

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    "I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it." - Thomas Jefferson.

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    Regular Member Vitaeus's Avatar
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    Willing to say that they won't invoke the firearm section, since then folks could gain standing to get it overturned on WA constitutional grounds.

    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.

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    Opt-Out Members BigDave's Avatar
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    This proclamation has to do with the dairy industry and as cited above the Governor would have to issue an order prohibiting firearms.

    http://www.governor.wa.gov/news/news...838&newsType=1
    Gregoire signed the proclamation into effect on Jan. 18. The proclamation:
    Waives hours of service for drivers of trucks hauling intrastate bulk milk shipments from farms to dairy processing facilities and from dairies to processing facilities. The waiver is in effect through Jan. 22;
    Directs state government to support emergency response activities in local jurisdictions affected by the winter storm;
    Allows state agencies to make expenditures and utilize resources to assist local communities in their recovery efforts; and
    Authorizes the Washington National Guard to activate at the direction of State Adjutant General Maj. Gen. Timothy J. Lowenberg.
    • Being prepared is to prepare, this is our responsibility.
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    Regular Member onestar 50's Avatar
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    I believe that in the State of Michigan that a law was passed that in case of state of emergency that a law was pass that all lawful weapons can't be take.

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    Opt-Out Members BigDave's Avatar
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    Robert T. Stafford Disaster Relief and Emergency Assistance Act
    https://www.fema.gov/library/file?ty...0-001185636a87


    Sec. 706. Firearms Policies (42 U.S.C. 5207)*
    (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,

    (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 under Federal, State, or local 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.
    Last edited by BigDave; 01-19-2012 at 08:35 PM.
    • 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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    Campaign Veteran gogodawgs's Avatar
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    Quote Originally Posted by BigDave View Post
    This proclamation has to do with the dairy industry and as cited above the Governor would have to issue an order prohibiting firearms.

    http://www.governor.wa.gov/news/news...838&newsType=1
    Correct, the declaration is only dealing with the dairy industry and the operation of trucks delivering bulk milk after particular hours.

    Here is the actual declaration.

    HERE
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    (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,
    So this would prohibit any governor (as all states recieve federal funds) from enacting a firearms prohibition under a state-of-emergency declaration. No?

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    Regular Member fire suppressor's Avatar
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    Did I miss something the news today? Did the governor declare a state of emergency? I am watching the news right now and they have not said anything about it
    "Fight like you train, train like you fight"

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    Campaign Veteran Bookman's Avatar
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    Quote Originally Posted by fire suppressor View Post
    Did I miss something the news today? Did the governor declare a state of emergency? I am watching the news right now and they have not said anything about it

    I heard the announcement on the radio as I was driving home yesterday morning (1/19).
    "All that is required for evil to prevail is for good men to do nothing." - Edmund Burke


    "I like people who stand on the Constitution... unless they're using it to wipe their feet." - Jon E Hutcherson

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    Quote Originally Posted by deanf View Post
    So this would prohibit any governor (as all states recieve federal funds) from enacting a firearms prohibition under a state-of-emergency declaration. No?
    I think it was an act in response to the gun Confiscations ordered by Mayor Ray Nagan in New Orleans after Katrina back in 04, protecting law Abiding citizens from unlawful seizures of their weapons.

  14. #14
    Regular Member amlevin's Avatar
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    Quote Originally Posted by deanf View Post
    So this would prohibit any governor (as all states recieve federal funds) from enacting a firearms prohibition under a state-of-emergency declaration. No?
    It probably wouldn't prohibit them from making a declaration but it would make a good case for making sure they don't get any more Federal Funds. This is what has caused States to knuckle under with BAC levels for Drivers, Seat Belt Laws, and Speed Limits, just to name a few.
    "If I shoot all the ammo I am carrying I either won't need anymore or more won't help"

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    Regular Member Beretta92FSLady's Avatar
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    The operative word in all of this is "may." It seems to me that would mean there would have to be an inclusion of the limiting of carrying sidearms outside the home, meaning, the carry issue does not automatically take effect by a declaration, it "may" be included as part of a declaration but, a declaration is not necessarily a limiting of carrying sidearms.
    Last edited by Beretta92FSLady; 01-20-2012 at 06:40 PM.
    I don't mind watching the OC-Community (tea party 2.0's, who have hijacked the OC-Community) cannibalize itself. I do mind watching OC dragged through the gutter. OC is an exercise of A Right. I choose to not OC; I choose to not own firearms. I choose to leave the OC-Community to it's own self-inflicted injuries, and eventual implosion. Carry on...

  16. #16
    Opt-Out Members BigDave's Avatar
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    The issue at hand, well as I see it, is that if the Governor was to invoke a restriction of carrying firearms first of all would be going against the Washington State Constitution;

    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.


    Then in the Robert T. Stafford Disaster Relief and Emergency Assistance Act could put a stop to Federal Disaster Relief

    Sec. 706. Firearms Policies (42 U.S.C. 5207)*
    (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,

    (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
    ;


    At some point when we have the power in Olympia to change some of these outdated laws, the powers of the Governor need to be revisited as well concerning the firearms clause.

    And SVG no I would not give up my firearms as I know you have been waiting to hear that for about 2 years
    Last edited by BigDave; 01-20-2012 at 06:57 PM.
    • 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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    Quote Originally Posted by jt59 View Post
    Just so I am clear, under this emergency declaration am I no longer allowed to carry my sidearm out side of my home under her authorities?

    http://apps.leg.wa.gov/rcw/default.aspx?cite=43.06.220

    (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;


    http://www.usnews.com/news/articles/...ue-to-snow-ice


    Just something you should know about

    http://apps.leg.wa.gov/billinfo/summ...2382&year=2011

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