H-0014.1
HOUSE BILL 1633
State
of Washington 60th Legislature 2007
Regular Session
By Representatives Roach,
Dunn, Williams, Blake,
Strow, McCune,
Haler,
Moeller and Takko
Read
first time 01/24/2007. Referred to Committee on Judiciary.
1 AN ACT Relating to protecting the
constitutionally guaranteed right
2 to the lawful possession of firearms during
an emergency; amending RCW
3 43.06.220; and creating a new section.
4 BE IT ENACTED BY THE LEGISLATURE OF THE
STATE OF Washington:
5 NEW SECTION. Sec.1.
(1) The legislature recognizes that:
(a)
6 The United States
Constitution, amendment II,
guarantees that, "A
7 well-regulated militia being necessary to the security of a
free state,
8 the right of the people to keep and bear arms, shall not be
infringed";
9 (b) the
Washington state Constitution, article I, section
24,
10 guarantees that, "The right of the individual
citizen to bear arms in
11 defense of himself, or the state, shall not be impaired...";
(c) the
12 constitutionally protected
right to bear arms is an individual right
13 intended to
ensure that society
and law-abiding persons
remain
14 protected from
criminal aggressors within their
homes, neighborhoods,
15 and communities; (d) law-abiding citizens who are attacked
in a place
16 where they have a right to
be have no duty to retreat and have the
17 right to stand their
ground and meet
force with defensive force,
18 including deadly
force in certain circumstances; (e) law-abiding
19 persons must be able to protect themselves, their families, and
others
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1 from criminal intruders and attackers without fear of
prosecution for
2 acting in the lawful defense of themselves, their families, and
others;
3 and (f) law-abiding citizens should not be required to surrender
their
4 constitutional
right to bear arms and thereby surrender their personal
5 safety and
well-being to criminal
aggressors at any time,
but
6 especially
during a state of emergency when law and order is at a much
7 higher risk of
breaking down, law enforcement resources are frequently
8 strapped, and criminal predators are much more free to prey on those
9 unable to
adequately protect themselves and their families.
10 (2)
It is the intent
of the legislature that, during
the
11 continuance of any proclaimed state of emergency, no
person who is not
12 otherwise
prohibited by law
from the possession,
transfer, sale,
13 transport, storage, display, or use of firearms or
ammunition shall be
14 prohibited
or restricted by either the governor or any governmental
15 entity or political subdivision of the state from the
otherwise lawful
16 possession,
transfer, sale, transport, storage, display, or use of
17 firearms or ammunition.
18 Sec. 2. RCW
43.06.220 and 2003 c 53 s 222 are each amended to read
19 as follows:
20 (1) The
governor, after proclaiming a state of
emergency and prior
21 to terminating such,
may, in the area described by
the proclamation,
22 issue an order prohibiting:
23 (a) Any person being
on the public streets, or in the public
parks,
24 or at any other public place during the hours declared
by the governor
25 to be a period of curfew;
26 (b) Any number
of persons, as designated
by the governor, from
27 assembling
or gathering on the public
streets, parks, or other open
28 areas of this state, either public or private;
29 (c) The
manufacture, transfer, use,
possession, or transportation
30 of a molotov
cocktail or any other
device, instrument, or
object
31 designed to explode or produce uncontained combustion;
32 (d) The
transporting, possessing, or using of
gasoline, kerosene,
33 or combustible, flammable, or explosive liquids or
materials in a glass
34 or uncapped container of any kind except in connection
with the normal
35 operation of motor vehicles, normal home use, or
legitimate commercial
36 use;
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1 (e) ((The possession of firearms or any other deadly weapon by a
2 person (other than a law enforcement officer)
in a place other than
3 that person's place of
residence or business;
4 (e) (f))) The sale, purchase, or
dispensing of alcoholic beverages;
5 (((g))) (f) The sale, purchase,
or dispensing of other commodities
6 or goods, as he or she
reasonably believes should be prohibited to help
7 preserve and maintain life,
health, property, or the public peace;
8 (((h))) (g) The use of certain
streets, highways, or public ways by
9 the public; and
10 (((i))) (h)
Such other activities as he or she reasonably believes
11 should be prohibited
to help preserve and maintain life, health,
12 property, or the public peace.
13 (2) In imposing
the restrictions provided for by RCW 43.06.010, and
14 43.06.200 through
43.06.270, the governor may impose them
for such
15 times, upon such conditions, with such exceptions, and
in such areas of
16 this state he or she from time to time deems necessary.
17 (3) During the
continuance of any state of
emergency, neither the
18 governor nor
any governmental entity or political
subdivision of the
19 state shall impose any restriction on the
possession, transfer, sale,
20 transport,
storage, display, or use of
firearms or ammunition that is
21 otherwise authorized or guaranteed by law.
22 (4) Any person willfully violating any provision
of an order issued
23 by the governor under this section is guilty of a gross
misdemeanor.
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