Thursday, 03 May 2012 15:43

Did you know that all weapons in the Seattle "May Day Zone" were banned and confiscatable yesterday?

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You may have heard about the Seattle "May Day Protests" and the "Black Bloc" of self-proclaimed anarchists causing mayhem and destruction.

You may have even heard that Mayor McGinn banned "weapons" that included sticks, rocks, flag poles, etc. But, what you may not have known is that he actually banned *all* weapons and the police were allowed to confiscate them.

Am I being alarmist? Maybe not when you consider that this is a Mayor that attempted to uphold former Mayor Nichols' illegal firearms ban -- despite being told by the Attorney General that is was illegal, ruled against in court, ruled against in Appeals, and then finally ruled against by State Supreme Court! See a trend here? What was the order called?

ORDER AUTHORIZING THE CONFISCATION OF WEAPONS

Now, I know of no instance where there was a problem for a legal CCW holder (a valid reason why the framers of our 70s CCW laws made it CONCEALED carry) but the order is written vaguely enough to cover licensed CCW holders.

To the Mayor's credit the order did not apply to lawfully kept weapons in place of business or residence. HOWEVER, legal CCWers should have been exempted also!  Walking to your car or driving home could have put you in violation of the law in which your firearm would be potentially confiscated and you would face a $500 if convicted.

You might be wondering how this order is legal? Well, actually it appears that under  RCW38.52 it is:

RCW 38.52.020: (b) To confer upon the governor and upon the executive heads of the political subdivisions of the state the emergency powers provided herein;

and

RCW 38.52.070: (2) In carrying out the provisions of this chapter each political subdivision, in which any disaster as described in RCW 38.52.020 occurs, shall have the power to enter into contracts and incur obligations necessary to combat such disaster, protecting the health and safety of persons and property, and providing emergency assistance to the victims of such disaster. Each political subdivision is authorized to exercise the powers vested under this section in the light of the exigencies of an extreme emergency situation without regard to time-consuming procedures and formalities prescribed by law

Now the interesting thing is that even under Emergency Powers heads of political subdivisions are still answerable to the Governor.  This explains why the ORDER AUTHORIZING THE CONFISCATION OF WEAPONS mentions that a copy was sent to the Governor and King Co. Executive.

The order was written to expire in 48 hours or earlier. True to his word the Mayor did rescind it today.

I include copies of the orders here since these things tend to disappear after time and memory.

120501PR-proclamationConfiscation

120501PR-civilOrderConfiscation

120502PR-proclamationConfiscationTermination

 

 

Read 1840 times Last modified on Tuesday, 16 February 2016 19:46