BILL REQ. #:  S-0059.2 

Read first time 01/23/2007.   Referred to Committee on Judiciary.

     AN ACT Relating to the seizure or confiscation of firearms during a state of emergency or natural disaster; adding a new section to chapter 38.52 RCW; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   A new section is added to chapter 38.52 RCW to read as follows:
     (1) Pursuant to the second amendment to the United States Constitution and Article I, section 24 of the Washington state Constitution, nothing under this or any other provision of law shall be construed to authorize:
     (a) The seizure or confiscation of a firearm or ammunition during an emergency or disaster, except: (i) From a person who is unlawfully carrying or in unlawful possession of a firearm or ammunition, (ii) when seized or confiscated as evidence in a criminal investigation, or (iii) when forfeited in compliance with RCW 9.41.098; or
     (b) The governor, any political subdivision, or any other governmental authority to impose additional restrictions on the lawful possession, transfer, sale, transport, carrying, storage, display, or use of a firearm or ammunition during an emergency or disaster.
     (2) In addition to any remedy provided by law or in equity, an individual aggrieved by the seizure or confiscation of a firearm in violation of this section may bring an action for the return of the firearm in the jurisdiction in which the individual resides or in which the firearm may be found. The court may award reasonable attorneys' fees to the prevailing party.
     (3) As used in this section, "firearm" has the meaning ascribed to it in RCW 9.41.010.

NEW SECTION.  Sec. 2   This act may be known and cited as the emergency management firearm owners' protection act.