Reposted with permission of Reality Clark County
Story by: Lynda Wilson and Licentia Diligo
The Second Amendment says “the right of the people to keep and bear arms, shall not be infringed”. The Washington StateConstitution says it even stronger, “The right of the individual citizen to bear arms in defense of himself, or the state, shall not be impaired” However, two of our current County Commissioners think otherwise (Stuart and Boldt). An Ordinance that was unanimously passed in October 2005 by the three Commissioners at the time, Marc Boldt, Steve Stuart and Betty Sue Morris, determined that during a declared emergency, if they thought you “intend” to cause bodily harm you can’t even possess, let alone carry a gun (or anything else that could be construed as a weapon). Mind you, possess means ‘own’ therefore not even able to keep in your own home or anywhere else. This Ordinance 2005-10-03, Section 2.48A.090 (i) references this.
You must understand, that this ordinance does not say specifically that they can confiscate your firearm (or other instrument) but, in order to understand this completely, you must read between the lines. The intent IS to disarm you. Of course, the most important time to carry your gun is at times of unrest and an emergency of this magnitude to declare it as such would be such a time. A natural disaster or a terrorist attack and all things in between all qualify. These are the times when citizens are most vulnerable. So, the disaster occurs, the state of emergency is declared and you strap on your gun. We all are well aware that looting and chaos very often accompany these events. In fact, case in point, during Hurricane Katrina, in an unconstitutional and idiotic move on the elected officials part, they removed, (and at times, forcefully) the guns of the citizens when they needed them most. Many, young and old, were injured by the very officers doing the confiscating.
NRA video of gun confiscation in New Orleans.
Marty Hayes, a well-known firearms instructor and owner of Firearms Academy of Seattle indicated there were three issues directly relating to this Ordinance. 1) The 4th amendment constitutionality which gives “the right of the people to be secure in their person, houses, papers, and effects against unreasonable search and seizures, shall not be violated…” This ordinance would directly violate this with the word “possess” inserted. 2) The framers of the Constitution were clear that they meant that Lawfully Armed Citizens have the right to keep and bear arms in states of emergency, hence the 2nd Amendment. 3) Being the Ordinance is profoundly unconstitutional, some that hold their 2nd Amendment rights dear, would defend their rights to the death. Would we really want to put our police and deputies in such harms way, especially when it is not legal?
bodily harm to myself however I can. Does that then give them the “right” to confiscate my gun? According to this ordinance, I think so.
One note about the timing of the passage of this Ordinance, it was adopted October 3, 2005, merely five weeks after the catastrophic Hurricane Katrina fiasco in New Orleans. What does the timing of this say?
There are good candidates out there running for these positions that will absolutely defend your right to bear arms. David Madore and Tom Mielke are the two that I am confident will do so. We need people in elected positions that will support and defend our constitutions, not those that try to circumvent them. The choice is clear.
"They who can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety.” - Benjamin Franklin
UPDATE: June 23, 2012 An online statement from Commissioner Tom Mielke reads as follows: "This ordinance was discussed at a Board Meeting about four months ago and to the best of my knowledge was reversed in its entirety." Tom Mielke
However our research has shown that there is no record of the ordinance being overturned. A quick review of the County's Ordinance List and Disposition Table shows no such action. We also contacted County staff and were told by Rebecca Tilton, Clerk of the Board, that this ordinance has not been overturned and is still indeed in effect.
A comment from David Madore, Candidate for County Commisioner Pos. 2 and lifetime member of the NRA follows. "This ordinance should be repealed. It is inappropriate and unconstitutional as the US Supreme Court confirmed that the right to possess and bear arms for individual self-defense was the central component of the Second Amendment right." Thank you. David Madore