JavaScript is disabled
Our website requires JavaScript to function properly. For a better experience, please enable JavaScript in your browser settings before proceeding.
Messages
963
Reactions
231
I was browsing my local city laws. Ironically, the section on 'Firearms and Weapons Control' only refers to 'air guns', but then I spotted the following under 'emergency powers of the mayor'.

Shades of Katrina anyone?

9.40.020 Action which may be taken.

Upon the proclamation of a civil emergency by the mayor, and during the existence of such civil emergency, the mayor may make and proclaim any or all of the following orders:

...

E. 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 city;

...

G. 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 sale of items other than firearms and ammunition may, in the discretion of the mayor, be allowed to remain open;

...

I. An order prohibiting the carrying or possession of firearms or any instrument which is capable of producing bodily harm and which is carried or possessed with the intent to use the same to cause such harm; provided, that any such order shall not apply to peace officers or military personnel engaged in the performance of their official duties;

Anyone know if WA pre-emption covers this situation? If so, how would I go about getting it removed?
 
I was browsing my local city laws. Ironically, the section on 'Firearms and Weapons Control' only refers to 'air guns', but then I spotted the following under 'emergency powers of the mayor'.

Shades of Katrina anyone?



Anyone know if WA pre-emption covers this situation? If so, how would I go about getting it removed?

A quick search doesn't show any cases relating to similar local laws, but the statute is very explicit about what types of laws are preempted. I can't imagine any way this one would squeak through.

To get it changed, I'd start by writing a letter to the city council (or city attorney, if your city's big enough to have one) and making them aware of this problem. If that doesn't work, you'll probably want to contact a state/local gun rights organization. Embarrassingly, I don't know what organization that would be in Washington.
 
Thanks. I sent an email to the city attorney, with links to the recent SAF cases against Seattle and New Orleans.
 
I was browsing my local city laws. Ironically, the section on 'Firearms and Weapons Control' only refers to 'air guns', but then I spotted the following under 'emergency powers of the mayor'.

Shades of Katrina anyone?



Anyone know if WA pre-emption covers this situation? If so, how would I go about getting it removed?

Link to work others have and are doing in this area.

Partial post from

<broken link removed>

"As you can see, it is a rather unweilding list. It's a work in progress. I just needed to get something to start with. I know there are answers to many of these on the board (maybe even this thread).

Legend


* Resolved
* Pending
* Checking status from board or process started (member name)
* Problems

Aberdeen 9.02.020 City Hall; Council will amend code. LE informed not to enforce
Aberdeen 2.86.020 Emergency Powers
Airway Heights 12.04.010 Parks
Algona 9.24.160 Parks; Council to amend code per this post and resolved
Asotin 12.20.070 Parks
Auburn 9.34.020 Alcohol by the drink
Auburn 2.75.080, 9.04.010 Emergency Powers
Bainbridge Island 12.20.060 Parks
Bainbridge Island 9.10.040 City Hall
Bainbridge Island 8.20.010 Emergency Powers
Battle Ground 2.74.090 Emergency Powers
Bellevue 3.43.320 Parks; Scheduled for next code revision per this thread
Bellingham 8.04.170 Parks; Repealed 12/15/2008
Benton County 7.28.020 Parks
Blaine 12.32.060 Parks
Bonney Lake 12.12.140 Parks
Bonney Lake 9.86.020/9.86.030 Public Meetings
Bothell 8.60.350 [lookup]
Bremerton 13.04.060 Parks; Amended 11/19/2008
Brewster 9.40.060 Parks
Brewster 9.36.010 Alcohol by the drink
Buckley 10.84.185 Parks
Buckley 2.96.090 Emergency Powers
Burien 9.50.220 Council Chambers; revision being drafted per this post
Burien 9.50.210 Alcohol by the drink; revision being drafted per this post
Burlington 2.72.040 Parks
Camas 12.32.150 Parks; amended 09/08/20009 per post on wa-ccw list (Yahoo Group).
Cathlamet 9.20.010 Alcohol by the drink
Centralia 10.33.080 Parks; per this thread (Chehalis 7.04.150 per this post)
Chelan 9.22.020 Parks; per this post
Chelan 9.18.040 Alcohol by the drink; per this post
Chelan County 7.24.010 Parks; per this post
Chelan County 7.22.020 Alcohol by the drink
Clark County 9.04.190 Parks
Connell 9.28.020/9.28.040 Drinking and carry; Leave your firearm with the bartender!
Covington 8.40.240 Parks; Council will amend code. LE informed not to enforce
Deer Park 9.12.020 City Hall/Municipal Building
Des Moines 9.36.040 Council Chambers (meets in municipal court…)
Des Moines 9.36.030 Alcohol by the drink
Douglas 13.08.190 Parks
DuPont 10.03.060 Parks
East Wenatchee 12.12.040 Parks
East Wenatchee 9.20.040 Alcohol by the drink
East Wenatchee 9.12.020 Emergency Powers
Eatonville 12.20.120 Parks
Eatonville 2.60.040 Emergency Powers
Elma 9.34.020 Alcohol (close but no cigar)
Ephrata 9.20.010 CC permission granted by Chief; language will be amended on Jan 21 to correct
Ephrata 9.40.040 Parks
Ephrata 14.08.050 Cemetery
Ephrata 9.22.010 Alcohol by the drink
Everett 9.02.020 Emergency Powers
Everett 10.78.080 Public Conveyance
Federal Way 11-72 Parks; Amended 01/06/2009
Federal Way 6-139 Council Chambers; Amended 01/06/2009
Federal Way 6-138 Alcohol by the drink; Amended 01/06/2009
Ferndale 12.26.040 Parks; Repealed 02/02/2009
Fife 12.22.020 Parks
Fircrest 10.12.050 Parks
Forks 9.05.150 Parks
Gig Harbor 9.12.020 Emergency Powers
Grandview 2.48.160 Cemetery
Grandview 12.28.070 Parks
Grandview 9.36.110 Schools (exceeding RCW 9.41.300)
Island County 9.40.320 Parks; has been reviewed by counsel and will be changed per this post
Issaquah 9.10.040 Alcohol by the drink
Kelso 12.20.190 Parks
Kelso 13.12.130 Airport
King County 12.52.030 Emergency Powers
Kirkland 11.41.060 Parks, City Hall, School grounds; City attorney reworking code. PD informed not to enforce, per this thread.
Kitsap County 2.04.020 Emergency Powers
Kitsap County 10.12.080 Parks
Kittitas 9A.20.010 Alcohol by the drink; repealed 02/24/2009
Kittitas 9A.20.020 Any business in the city; repealed 02/24/2009
Lake Forest Park 12.08.050 Parks; City attorney reworking code - brought to city's attention by PD.
Lakewood 8.76.530 Parks
Lakewood 9.34.020 Alcohol by the drink; under the influence
Langley 9.04.050 Alcohol being served (public accommodation)
Langley 9.04.030 Carry concealed enumerated and declared to be disorderly person
Lewis County 12.05.050 Parks; County prosecutor giving runaround per this post
Liberty Lake 8-1A-5 Parks and city facilities; PD working with city council to amend code (check on city facilities)
Long Beach 8-4-2 Parks
Longview 10.60.020 Emergency Powers
Maple Valley 7.05.050 Parks; will not be enforced pending official change per this post
Marysville No Code (or unknown); GFZ signs at city hall removed, no local code relating to them (per this thread)
Mason County 9.44.090 Parks
McCleary 12.12.030 Parks
Medina 12.24.010 Parks
Mercer Island 9.40.020 Emergency Powers
Mill Creek 12.12.110 Parks
Milton 12.16.040 Parks
Monroe 9.28.070 Parks; to be changed per this thread
Moses Lake 12.36.090 Parks
Mount Vernon 2.40.070 Emergency Powers
Newcastle 12.55.550 Parks
Oak Harbor 6.14.070 Parks; awaiting verification per this post
Ocean Shores 9.01.080 Parks; Council will amend code. LE informed not to enforce
Ocean Shores 8.36.020 Emergency Powers
Olympia 12.60.050 Parks; City attorney reworking code. PD informed not to enforce
Olympia 02.04.090 Emergency Powers
Orting 8-6-4 Parks
Pasco 9.48.090 Parks
Pasco 2.04.020 Emergency Powers
Pierce County 14.08.060 Parks
Port Angeles 2.48.210 Parks
Poulsbo 12.30.060 Parks
Puyallup 13.20.010 Cemetery
Puyallup 9.20.050 Parks and public facilities
Quincy 9.13.020 Alcohol by the drink
Raymond 9.80.050 City Hall
Redmond 9.12.020 Emergency Powers; under review with probable repeal per this thread
Richland 9.22.070 Parks; per this thread
Richland 9.27.020 Alcohol by the drink; appears not yet resolved?
Roy 8-4-3 Parks
SeaTac 15.20.045 Homeless encampment permit approval requirements…
Seattle 18.12.140 Parks; Repealed - Ordinance 122789 Signed 09/25/2008
Seattle 10.02.020 Emergency Powers
Sedro-Woolley 2.40.040 Emergency Powers
Selah 1.58.010 Emergency Powers
Sequim 12.24.010 Parks
Sequim 9.36.010 Alcohol served (at all)
Shoreline 8.12.490 Parks
Skagit County 9.41.190 Parks County Attorney will notify LE not to enforce. Will amend code
Snohomish 13.04.070 Parks
Snohomish County 22.16.090 Parks
Snohomish County 15.08.205 Airport
Snoqualmie 12.12.350 Parks; may or may not be amended, but PD advised not to enforce per this thread
Soap Lake 9.36.010, 9.36.030 Alcohol by the drink
Spokane 10.10.040 Parks; Addressed with City Attorney on 12/22/2008, not changed yet
Spokane 10.10.050 City public assembly building; Addressed with City Attorney on 12/22/2008, not changed yet
Spokane 2.04.030 Emergency Powers; Code was updated in 2008 with input from fetch but still needs work
Spokane Valley 6.05.090 Parks
Sultan 9.32.010 Alcohol (close, but real confusing)
Sumner 12.60.040 Parks
Sunnyside 12.04.020 Parks
Sunnyside 9.20.030 Alcohol (way off on this one)
Tacoma --no code-- Cheney Stadium; Taking Cherry Stance per this thread
Tacoma 8.96.030 Emergency Powers
Thurston County 10.76.290 Parks
Toppenish 2.80.020 Parks
Union Gap 2.88.030 Emergency Powers
University Place 15.05.050 Parks; to be amended and not enforced per this thread, signs removed
Vancouver 15.04.060 Parks; changed on website, no sign change
Vancouver 2.12.040 Emergency Powers
Wenatchee 6A.18.240 Parks; amended 01/22/2009 and has been republished
West Richland 12.12.030 Parks
West Richland 9.36.012 Alcohol by the drink
Whatcom County 9.32.085 Parks; being reviewed by outside counsel, expect April 2009 before resolved.
Yakima 13.16.120 Parks; amended in June, looking at new signs
Yakima 7.04.090 Cemetery; amended in August
Yakima 6.06.030 Emergency Powers; amended 10/20/2009 removing firearm references per this post
Yakima County 11.04.500 Parks
Yakima County 5.16.090 Circuses, Carnivals, Rodeos, Animal Shows and Rides, and Other Occasional Amusements, Sporting Events, or Shows
Yakima County 9.46.040 Snowmobile (basically considered as hunting from vehicle)
Yelm 9.68.040 Parks
Zillah 13.24.150 Parks
Zillah 2.04.200 Emergency Powers
Zillah 5.32.060 Banquets (yes, banquets)"
 
So in effect, that line means that the mayor can declare it illegal for me to carry to commit a crime, but not to confiscate my weapon if I'm simply carrying.

If that's really what it's saying, it's more sort of a "in times of lawlessness, no possee" kind of statment then, no?

It's not an order to disarm the general populace.
 
Not that it matters as much in this case. There is a law preventing any Federal Agent or anyone acting on behalf of a Federal agent from seizing guns in an emergency, unless it is from a person unlawfully owning guns. This law a result of the gun seizures in this case.

But that wouldn't apply if it it was the local law enforcement acting on their own will I suppose..
 
regardless of what they SAY they will do.. anyone who thinks they wouldn't try to pull the same sh8t they did in new Orleans is sadly mistaken.

you will see the same stuff. Our police chief announcing that no one will be allowed to carry while private civilian contractors patrol the streets.

again, anyone who thinks they wouldn't try to pull this is sadly mistaken.
 

Upcoming Events

Tillamook Gun & Knife Show
Tillamook, OR
"The Original" Kalispell Gun Show
Kalispell, MT
Kids Firearm Safety 2 Class
Springfield, OR
Teen Rifle 1 Class
Springfield, OR

New Resource Reviews

New Classified Ads

Back Top