• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

Gov declares state emergency due to ice storm and milk transportation

jt59

Regular Member
Joined
Jul 19, 2010
Messages
1,005
Location
Central South Sound

ManInBlack

Regular Member
Joined
Jul 2, 2006
Messages
1,551
Location
SW Idaho
You left out the very important first line:

[h=2]RCW 43.06.220[/h][h=1]State of emergency — Powers of governor pursuant to proclamation.[/h]
(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;
 

ManInBlack

Regular Member
Joined
Jul 2, 2006
Messages
1,551
Location
SW Idaho
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.
 

Vitaeus

Regular Member
Joined
May 30, 2010
Messages
596
Location
Bremerton, Washington
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.
 

BigDave

Opt-Out Members
Joined
Nov 22, 2006
Messages
3,456
Location
Yakima, Washington, USA
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-view.asp?pressRelease=1838&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.
 

onestar 50

Regular Member
Joined
Mar 23, 2010
Messages
104
Location
Monroe, Michigan, USA
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.
 

BigDave

Opt-Out Members
Joined
Nov 22, 2006
Messages
3,456
Location
Yakima, Washington, USA
Robert T. Stafford Disaster Relief and Emergency Assistance Act
https://www.fema.gov/library/file?t...f&fileid=16730a80-17ae-11de-9100-001185636a87


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:

gogodawgs

Campaign Veteran
Joined
Oct 25, 2009
Messages
5,669
Location
Federal Way, Washington, USA

deanf

Regular Member
Joined
Feb 25, 2007
Messages
1,789
Location
N47º 12’ x W122º 10’
(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?
 

fire suppressor

Regular Member
Joined
Jul 13, 2008
Messages
870
Location
Kitsap County
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
 

tannerwaterbury

Regular Member
Joined
Jul 21, 2009
Messages
269
Location
Kelso, Washington, USA
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.
 

amlevin

Regular Member
Joined
Feb 16, 2007
Messages
5,937
Location
North of Seattle, Washington, USA
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.
 

Beretta92FSLady

Regular Member
Joined
Dec 14, 2009
Messages
5,264
Location
In My Coffee
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:

BigDave

Opt-Out Members
Joined
Nov 22, 2006
Messages
3,456
Location
Yakima, Washington, USA
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 :D
 
Last edited:

223to45

Regular Member
Joined
Jan 23, 2012
Messages
106
Location
Whatcom County
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...v-declares-state-of-emergency-due-to-snow-ice



Just something you should know about

http://apps.leg.wa.gov/billinfo/summary.aspx?bill=2382&year=2011
 
Top