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View Full Version : EMERGENCY POWERS OF MAYOR, Bellingham WA


YubaRiver
06-18-2010, 9:14 AM
Noticed this.

http://www.cob.org/web/bmcode.nsf/30c2b313f243223f88255f9c007b495b/cd47a4acc7a22b7c88256172005621b6!OpenDocument

"2.57.060 - EMERGENCY POWERS OF MAYOR OR DIRECTOR

In the event of disaster as provided in this chapter, the Mayor or, in the Mayor's absence, the Director is empowered to do the following:

(5) 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,

(7) 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.

(9) 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,"

Ron-Solo
06-18-2010, 9:26 AM
#9 violates federal law so it is void. #7 would probably be enforcable and is intended to reduce looting and theft during periods of civil unrest.

This has been hashed out before.

BigDogatPlay
06-18-2010, 9:40 AM
It has indeed been hashed out. I'd also point out that even though federal (and possibly state) law supersede these wrong headed local regulations, like any law they remain on the book until they are repealed or redacted by the legislative body having authority.

YubaRiver
06-18-2010, 9:41 AM
#9 violates federal law so it is void. #7 would probably be enforcable and is intended to reduce looting and theft during periods of civil unrest.

This has been hashed out before.


Any links or suggestions for those living in towns with these codes?

Gray Peterson
06-18-2010, 9:55 AM
Yuba,

Since I actually live in Washington State, I can speak to the issues in that state. Emergency powers laws on the local level that allow a mayor to restrict firearms is a violation of state preemption.

http://opencarry.mywowbb.com/forum55/20452.html

This thread deals with the local ordinances we're trying to get repealed.

BigDogatPlay
06-18-2010, 9:57 AM
http://www.theorator.com/bills109/s2599.html

Signed into law by President Bush. Long story short, if the local government receives any manner of federal funding, they are forbidden from doing what local authorities did post Katrina.

Governor Schwarzenegger signed a similar bill into law that preempts such local tomfoolery in California.

Vtec44
06-18-2010, 10:04 AM
. Long story short, if the local government receives any manner of federal funding, they are forbidden from doing what local authorities did post Katrina.

What if they don't fit that description?

Gray Peterson
06-18-2010, 10:16 AM
What if they don't fit that description?

There is no city that doesn't have at least a dollar of federal money in it in some manner. Even if it's a state disbursement of funds, if any part of it is there, it's fungible.

Besides, Washington State has preemption. In that state, only the GOVERNOR has the authority to declare a state of emergency, and that statute does not allow house to house searches of guns like what happened in New Orleans with Katrina.

BigDogatPlay
06-18-2010, 10:48 AM
There is no city that doesn't have at least a dollar of federal money in it in some manner. Even if it's a state disbursement of funds, if any part of it is there, it's fungible.

This... and bear in mind that a federal disaster declaration triggers the federal preemption as well. At least as I read it.

Window_Seat
06-18-2010, 11:36 AM
Considering that the SAF is located in the State of Washington, why hasn't this "law" been pounced upon and declared null & void, and repealed? These kinds of laws need to be located nationwide, and taken out ASAP.

Erik.

N6ATF
06-18-2010, 11:45 AM
Considering that the SAF is located in the State of Washington, why hasn't this "law" been pounced upon and declared null & void, and repealed? These kinds of laws need to be located nationwide, and taken out ASAP.

Erik.

Indeed. Otherwise, qualified immunity can excuse (and likely embolden) gun grabbers...

Window_Seat
06-18-2010, 12:48 PM
And on that point, it might be against federal law, but that doesn't mean that federal law can or will be enforced, especially with this administration. If the BHOA can tell the DEA not to bust medical marijuana clubs complying with state standards, they can tell the feds to stay out when it comes to federal protections against states or local jurisdictions, no? Fortunately, WA has state preemption, but wasn't there a proposal to end that somewhere in the State Legislature?

Also, if the State Supreme Court of WA said a while back that the Second is incorporated into WA, doesn't that even further make this law not only against COTUS, but also against the State Constitution with regard to incorporation against the State?

Erik.

tiki
06-18-2010, 12:57 PM
#7 would probably be enforcable and is intended to reduce looting and theft during periods of civil unrest.


Because if you lock the doors and turn off the lights, the looters will go somewhere else.

weezil_boi
06-18-2010, 3:05 PM
If you have ever actually been to Bellingham to visit and get to know the folks there... well, theres a college (and lots of greenies). Its like a wannabe berkley. Some of the folks in "downtown" if one can say that with a straight face, might bend over and allow this crap. But there isnt a single LEO up ther with the cubes to go outside the immediate city and attempt such removal and restriction. The farmers up there are like Texas transplants or something. Theres some GREAT stuff in those barns ;)

This is simply never gonna happen, not even if it WAS legal.

Really cool that you found this though... it was a cool read. Thx.

cdtx2001
06-18-2010, 7:04 PM
Legal or not, what do you say to the PO when you're defending your house from looters and he's there to arrest you??? You may be OK in the long run, but at the moment when you'd really need your firearms the most, that's when you won't be able to use them, according to this silliness.