Seattle declares emergency 5/1 can confiscate firearms if carrying

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What was the basis for this? Is the occupy movement coming to town or something? Are they expecting mass problems?
 
May 1 was a called day of protests and Seattle suffered a particularly chaotic and violent version. As a result the Mayor declared a state of emergency.
 
Can they legally confiscate legally carried weapons by those licensed by the State to do so?

RCW 9.41.290
State preemption.

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. Such local ordinances shall have the same penalty as provided for by state law. Local laws and ordinances that are inconsistent with, more restrictive than, or exceed the requirements of state law shall not be enacted and are preempted and repealed, regardless of the nature of the code, charter, or home rule status of such city, town, county, or municipality.
See also 42 USC 5207:

http://www.gpo.gov/fdsys/pkg/USCODE-...pV-sec5207.htm
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RatDrall, the state may have a provision allowing this in declared "states of emergency". Many states have, or had this type of provision, but several, including Florida, passed measures banning it in the wake of the New Orleans/Katrina weapons-confiscation scandal. At this time, I cannot find on the state's site any information on whether or not Washington allows this, or ever did and no longer does.
My questions are: Why isn't everyone evacuating the city if things are so bad there as to pass such a proclamation?
Assuming the city council approved it (anyone know if they did?), for how long is it in force?
 
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Look at the time the order was signed, it was after the S had already hit the fan and the 'peaceful' protesters had started smashing windows and small scale rioting. Also read section 1, D.
 
Legal or not, Seattle does what Seattle wants to do. They think they have a reason so they act. The courts will Settle it later but it solves their immediate problem. When I lived in WA I purposely didn't buy a home in King county because of Seattle. This is kind of like what New Oreleans did after the earthquake. FWIW, liberal CA passed a law after new Oreleans specifically outlawing confiscation of firearms in state of emergency.
 
RatDrall said:
Can they legally confiscate legally carried weapons by those licensed by the State to do so?
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Open carry is legal in Washington without a license. Due to RCW 9.41.290, as you posted, it is illegal for Seattle to confiscate legally possessed and carried firearms. Also, I post it in a minute, the RCW only allows the Governor to declare emergencies, not the Mayor of Seattle. The Mayor of Seattle's order is illegal and violates state law. Not the first time a Seattle Mayor has tried this. Previous Mayor Nickels' gun bans in parks and recreation facilities was declared illegal by Washington courts. The Washington Supreme Court denied to even consider Seattle's appeal of the lower court ruling.
 
Seattle Mayor's action was illegal

RCW only allows the governor of the state to do what the Mayor of Seattle did, there is no provision in RCW for the authority to be delegated. Since firearms is certainly included in "any weapon", his order, if firearms were confiscated, directly violated RCW 9.41.290.

RCW 43.06.220
State of emergency — Powers of governor pursuant to proclamation.

(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:

(a) Any person being on the public streets, or in the public parks, or at any other public place during the hours declared by the governor to be a period of curfew;

(b) Any number of persons, as designated by the governor, from assembling or gathering on the public streets, parks, or other open areas of this state, either public or private;

(c) The manufacture, transfer, use, possession or transportation of a molotov cocktail or any other device, instrument or object designed to explode or produce uncontained combustion;

(d) The transporting, possessing or using of gasoline, kerosene, or combustible, flammable, or explosive liquids or materials in a glass or uncapped container of any kind except in connection with the normal operation of motor vehicles, normal home use or legitimate commercial use;

(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;

(f) The sale, purchase or dispensing of alcoholic beverages;

(g) The sale, purchase or dispensing of other commodities or goods, as he or she reasonably believes should be prohibited to help preserve and maintain life, health, property or the public peace;

(h) The use of certain streets, highways or public ways by the public; and

(i) Such other activities as he or she reasonably believes should be prohibited to help preserve and maintain life, health, property or the public peace.
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It looks like the order is authentic. Is there any proof that citizens were disarmed with the authority of this order?
Does it matter that it is not exclusive to firearms?
Will the Gov. arrest the mayor for an unconstitutional order and request impeachment proceedings to start?
Will citizens file a suit against the mayor?
 
Okay....
So is the Governor going to arrest the Mayor of Seattle for this "illegal"act?:scrutiny:

The articles indicate things like flagpoles, rocks and similiar objects were the subject of scrutiny. I was unable to locate any reports of lawfully carried weapons being confiscated under this "emergency order."

Has anybody found anything to the contrary?

The "State of Civil Emergency" is likely found in the Seattle Emergency Response Plan....
"Should a situation be serious enough to warrant the use of any of the Mayor’s “emergency powers” (See Section 10.02.020 of the SMC), the Mayor may declare a “Civil Emergency” (See Section 10.02.010 of the SMC). Both the declaration of “Civil Emergency” and all executive orders invoking an “emergency power” . . . “shall within 48 hours or as soon as practical be filed with the City Clerk for presentation to the City Council for ratification and confirmation, modification or rejection, and if rejected shall be void”. The Mayor’s use of police powers is a separate issue which is covered in Article V, Section 2 of the Seattle City Charter. In all cases the orders of the Mayor will not be delayed, and if there is any subsequent alteration by the City
Council it shall be “prospective only”. "

http://www.seattle.gov/emergency/programs/

Washington requires municipalities to have emergency management plans, and requires them to be updated every fours years, so it would seem to be some delegation authorized there.

I guess that if any person had their lawfully carried weapons confiscated under this civil emergency, they would be free to challenge it in court.
Until then, this seems to be tilting at windmills.
 
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