Seattle Mayor issues emergency order banning weapons in downtown Seattle

[8ball]

Technically I think I'm violating it just by sitting at my desk at work right now.

Constitutional or not? Discuss.

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[Redcap]

Not constitutional. Seattle's mayor should die in a fire.

 

[ATCclears]

I didn't see an expiration date.

Peter

 

[OregonG20]

That is pretty nuts. I guess they don't like what they can't see in Seattle now, in most circumstances....

Keep on, brother.

 

[8ball]

Good point Peter. No expiration date listed.

You'd think after the SMC parks ban got slapped down, they'd understand the RCW pre-emption?

Where's Dave Workman on this?

 

[fd15k]

Technically I think I'm violating it just by sitting at my desk at work right now.

Constitutional or not? Discuss.

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Well, they say "any weapon", yet don't clarify whether firearms are included. Firearm confiscation during emergencies is prohibited by Federal law. Also lawful
transportation of firearms is preempted by Federal law. There are also various state preemptions for firearms. Otherwise there is a chance no issue of
constitutionality is present (perhaps somebody can articulate why there is one ?).

 

[Dave Workman]

Seattle mayor’s emergency order not aimed at legally-armed citizens?

Responding to the acts of black-clad thugs in downtown Seattle Tuesday, Mayor Mike McGinn issued a proclamation that slaps down hard on the so-called “Black Bloc” anarchists.

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[gunnoob75]

Sounds about right.

 

[8ball]

I guess there are three potential areas of concern.

Federal Constitution - 2nd Amendment right to bear arms.

WA State Constitution Section 24 - "The right of the individual citizen to bear arms in defense of himself, or the state, shall not be impaired."

RCW 9.41.290 - 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.

Nothing in 9.41.300 appears to allow what the Mayor has proposed.

 

[LyleLovett666]

I was chatting with a friend of mine who lives in SF today and he was describing the lawlessness that has ensued in SF over the last 24 hours and how the cops have just sat by and watched it happen.He was wondering if that type of thing was going on in Seattle and I had no idea.Got off of the phone with him,turned on the tv and the first thing I saw was shops and cars in the downtown area being destroyed.Seems the cops saw no reason to disarm people carrying batons(using them as flag poles) and wearing masks and disguises until they had begun to go ape nuts.I shudder to think what's going to happen in Seattle tonight.I loathe these "protesters" for being the 99% of people who just want free stuff off of the backs of others but I have nearly as much contempt for the people who are allegedly in charge and are just letting this happen once again.

 

[mjbskwim]

Yeah and it tokk him plenty of destruction to lead him to this.
They let these guys destroy all kinds of property before they did anything.

Remember,he cannot override the state laws,so if you are carrying,nothing he can do.
I do understand not letting people carry around bats and tire irons and all the other little weapons they have decided to destroy crap with.

Here's the thing.Act like an idiot and pay the price.Don't act like an idiot and carry a weapon?
Shouldn't be anything to worry about.
They will arrest some and some of those will have their cases thrown out.

Of course he's pushin' the boundaries.

 

[8ball]

I support their right to free speech and assembly, but the vandals need to be arrested immediately. Unfortunately the 'anarchists' have gotten really good at blending in with their 'black bloc' tactics.

I was working downtown during WTO. I remember advising a business partner not to come to town because of the planned WTO protests. They ended up spending most of their visit holed up in their hotel!

 

[SonicBlue03]

Alaska Air could've solved this. 2 1/2 hour flight from San Francisco. Bring us John Pike and his Magical Protester Watering Device.

 

[8ball]

Local superheros are on the job!

 

[SonicBlue03]

Speaking of, did anything happen to Phoenix Jones? I know he goes unarmed, but now that his notoriety is up I wonder if he faced anything a little more lethal. Class III armor only goes so far.

 

[LyleLovett666]

Phoenix and his boys employed pepper spray.Not sure what to think of the guy.Sad that like the wto nearly every arrest will be dismissed.Also,you always hear about a few bad apples yada yada yada,but do you ever hear about the peaceful protesters lifting a finger to stop this "rogue" element from tarnishing their rep?Hell no.I think nearly all of them support these actions,but some of them have bigger balls than the rest.

 

[fd15k]

I guess there are three potential areas of concern.

Federal Constitution - 2nd Amendment right to bear arms.

That's the most problematic of them all - there is no clear federal-level decision to apply to WA at this time. But like I said earlier, there are at least two federal preemptions that conflict with such order if applied to firearms - confiscation and transportation.

WA State Constitution Section 24 - "The right of the individual citizen to bear arms in defense of himself, or the state, shall not be impaired."

WA bans machineguns and some other NFA items, clearly this one is not unlimited just like the federal one. Thus its application would really depend on the existing legal framework.

RCW 9.41.290 - 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.

This is more like it.

Nothing in 9.41.300 appears to allow what the Mayor has proposed.

Well, the mayor talks about weapons, but only firearms are preempted.

 

[Capn Jack]

What a bunch of CRAP !!!
What's the matter with Seattle...If the Mayor can't handle things,
what's the Govenor doing? Round up everyone dressed all in black,
or wearing a mask and sort 'em out later. If the state can't get off
of their ..., there's a detachment of Rangers down the road that
needs the exercise.

Jack...

 

[fd15k]

What a bunch of CRAP !!!
What's the matter with Seattle...If the Mayor can't handle things,
what's the Govenor doing? Round up everyone dressed all in black,
or wearing a mask and sort 'em out later. If the state can't get off
of their ..., there's a detachment of Rangers down the road that
needs the exercise.

Jack...

Right, punish 99 innocent ones so that 1 guilty doesn't walk...

 

[Capn Jack]

Hey!!! This isn't The Mardi Gras. If you've got a mask on to hide your face,
you're up to no good. And...If you've decided to dress all in black like a wannabe,
then suffer the consequences. Anarchy isn't a game.

Jack...