The county weapons confiscation debacle.

(FULL DISCLOSURE: NO candidate or campaign or anyone involved or in any way concerned with any candidate or campaign was aware of or approved or had input into this post.

Further, Marc Boldt is my brother in law, and I worked for him as his legislative assistant for 6 years while he was in the state house.)

Having blogged about this issue, briefly, as far back as 2010 and having complained directly to them when all 3 county commissioners; Boldt, Stuart and Morris voted this illegal ordinance into being, I am glad that they've finally taken action on the issue.

What's curious to me is why Marc Boldt lied to Carolyn Crain about that:

One comment on the county commissioners this month. I asked Marc Boldt about his voting to confiscate lawfully abiding citizen’s weapons during times of

emergency and he said he had voted for it. I responded that I had not expected that from him, a republican, it seemed unthinkable. He and the other commissioners agreed and voted to strike that language out of the ordinance the next week. Thus your second amendment right to bear arms is now restored in Clark County. At least I think it is since the feds are supposed to operate only with the co-operation of local jurisdictional authority approval. 

Well, as I pointed out at the time, Boldt was not telling the truth and our rights had NOT been "restored."

OK, Marc claims that he was for confiscating our weapons before he was against it.

There's nothing in the record I can find to substantiate Boldt's recollection of events: The county's own ordinance list and disposition table doesn't appear to back Boldt's sequence of events:

Ord. 2005-08-17

Amends § 9.14.010(6), public disturbance noises (9.14)

Ord. 2005-10-03

Repeals Chs. 2.48 and 2.50; adds new Ch. 2.48A, emergency management (2.48A)

Ord. 2005-10-04

Amends §§ 2.51.160, 40.510.020 and 40.510.030, hearing examiner decisions (40.510)

Ord. 2005-10-14

Volunteer reserve deputy sheriff retirement and relief benefits (2.78)

Ord. 2005-12-01

Amends §§ 6.110A.010, 6.110A.020, 6.110A.030, 6.120.040 and 6.140.030, fees (6.110A, 6.120, 6.140)

(The boldface line, above, was the adoption of the ordinance in question)

Note: through December 1, 05, there's nothing to indicate that the confiscation provision Boldt supported was repealed.The CURRENT ordinance that keeps us from carrying weapons during a declared emergency (When we would arguably need them most) is STILL in effect.

2.48A.090 Authorized emergency orders.

(1)(i) An order prohibiting the carrying or possession of firearms or any instrument which is capable of producing bodily harm and which is carried or possessed with intent to use the same to cause such harm; provided, that any such order shall not apply to peace officers or military personnel engaged in the performance of their official duties;

What this says is that the county can keep us from carrying firearms.

NOW what the ordinance in question says is that if they declare an emergency, then we can't CARRY our weapons... not that they can confiscate them... although, of course, under this ordinance if we DO carry our weapons, then, well, by golly, carrying those weapons during a declared emergency is what?

Illegal.

Which means they can do what?

Confiscate them.

Unfortunately, Candidate Crain's assertion that our "second amendment right to bear arms is now restored in Clark County" doesn't appear to be the case, as Boldt supported this unconstitutional infringement on that very Amendment.

Just sayin'.

In addition, both Boldt and Stuart knew that what they were doing was wrong, I emailed all of the commissioners and told them; the only one who responded was Boldt, who told me "The legislature gave us that authority; if you have a problem with this, take it up with them."

In short, Marc knew it was illegal when he did it.  And so did Stuart.

And they knew because, if for no other reason, I told them so.