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

HB 1633

p. 1

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;

p. 2 HB 1633

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.

--- END ---

Can you think of any way we can help this effort? If so, contact:

ccw@wolfenet.com

HB 1633

p. 3