Benton County Passes Resolution Against I-1639

From YakTriNews.com:

Benton County Commissioners are publicly showing their opposition to Initiative 1639.

On Tuesday [April 2, 2019], commissioners unanimously approved a resolution that supports Sheriff Jerry Hatcher’s opposition to the initiative, which imposes strict gun regulations statewide.

The resolution is meant to “recognize the right of citizens of Benton County to self-defense with the legal and constitutional right to lawfully purchase, own and possess firearms as permitted under the federal and state constitutions,” according to a news release.

Sheriff Hatcher was one of more than a dozen sheriffs across the state who have said they will not enforce I-1639, claiming that the legislation violates citizens’ Second Amendment right to bear arms.

Commissioner Shon Small told KAPP-KVEW the resolution is meant to send a message to the community on where he and his fellow county leaders stand on the matter.

“The bottom line is that we believe in our citizens of Benton County, we believe in our sheriff, we’re going to support our sheriff and any kind of law enforcement action that he’s planning on doing, specifically toward 1639,” said Small.

Franklin County Commissioners passed a similar resolution in January in support of Franklin County Sheriff Jim Raymond.

Don Brockett: State leaders wrong on I-1639

Don Brockett is the former Spokane County prosecuting attorney (1969-1994), and author of The Tyrannical Rule Of The U.S. Supreme Court: How The Court Has Violated The Constitution. He wrote this opinion piece which appeared in the Spokesman-Review on March 13, 2019.

Recently, Gov. Jay Inslee and Attorney General Bob Ferguson sent a letter to gun dealers about the provisions of Initiative 1639. Ferguson previously criticized sheriffs who are resisting the passage of the initiative. The sheriffs are correct; the governor and attorney general are wrong.

As state elected officials, Inslee and Ferguson take the following oath: “… I do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution and laws of the state of Washington, …”

The foundational documents of our state and nation are the Washington and U.S. Constitutions. These documents establish contracts between the people and their governments and form the basis for our constitutional republic. Both contracts have provisions for their change by amendment (WA Article XXIII, U.S. Article V).

Article I, Section 24 of the Washington Constitution provides:

RIGHT TO BEAR ARMS. The right of the individual citizen to bear arms in defense of himself, or the state, shall not be impaired … .

The provisions of Initiative 1639 certainly “impair” the right to bear arms in violation of the provisions of the Washington Constitution and therefore can only be changed by amendment. Since the attempt to change the gun laws was not accomplished by that process, the provisions of Initiative 1639 are void.

In addition, Article I, Section 2 of the Washington Constitution provides:

SUPREME LAW OF THE LAND.

The Constitution of the United States is the supreme law of the land.

The 2nd Amendment of the U.S. Constitution provides:

A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

It is equally clear that the provisions of Initiative 1639 “infringe” on the right to bear arms under the language of the 2nd amendment of the U.S. Constitution and are therefore void. Such a change would have to occur by amendment of that document.

Is it true that court proceedings should have to occur when laws are passed in violation of the mandated procedure? Even the ones that are void because of the manner in which they were established? The argument is made that Initiative 1639 expressed the will of the people. That may be true but all citizens and especially a lawyer guided by the contracts we call the Washington and U.S. Constitutions know that their provisions can only be changed by amendment. The initiative process allowed by Article II, Section 1 of the Washington Constitution is not an amendment.

A contract must be followed as written, until it is changed by amendment by the allowed procedure. Any other attempt to change the language or effect of the language in a constitution is void.

A simple example may make it clearer to see that the suggestions of the governor and attorney general would be dangerous. What if an initiative approved by the people were to take away the right of free speech or free press? Would they then argue that a vote on such an initiative should be followed until a lawsuit is brought and a court decides the issue? What if the initiative were to allow a search and seizure without a warrant being obtained based on probable cause? Would we all blindly accept such a change without the constitutional language being amended under the amendment articles and have to bring a lawsuit for a court to decide the issue? So even if the action is void we would have the burden to question it by filing a lawsuit and waiting for a decision in the meantime suffering a loss of our rights? To suggest such a procedure is ridiculous.

The governor and attorney general should obey their oaths and follow the provisions of the Washington and U.S. Constitutions or they should leave office. That is what they signed up to do.

Scott Brumback to Speak at Next LVA Meeting, Mar. 14th, 2019

Scott Brumback of the Washington Strikes Back movement will be speaking at the next LVA General Meeting on March 14th at Caffe Villa, 602 7th St, Prosser, WA at 6:30 PM.  Washington Strikes Back seeks to hold AG Ferguson accountable for violation of his oath to uphold the US and Washington Constitutions and for overstepping the authority of his office.

Update from 3/6/19 as posted by Scott on Facebook:

Yakima filing update.

First, I talked with the district court clerk today. She is very nice, cordial, cooperative and is working to help this be a fair, open hearing. I detect no bias or consternation at all. Very professional. She’s helping to make sure we have a projector and screen to put up exhibits.

Second, we have a cause number that this action is filed under in the clerk’s office. It is: “Citizen 01”. We are the first. If you wish to submit an Affidavit, you may do so. You can file the completed affidavit at the Yakima County District Court Clerk’s office this week. After that, I would recommend that you bring the affidavit to the court with you.

Third, we have a judge assigned from Benton County. His name is Judge Terry Tanner. He did his undergrad study at the University of Washington and law school at Pepperdine University. He is a prior city attorney for Richland, Pasco, West Richland and Connell. He appears to have a good background to hear this matter. I have no concerns at this point.

Fourth, the hearing is TENTATIVELY set for Friday, March 15, at 11:00 a.m. at the Yakima County District Court in Grandview, WA The district court clerk is still finalizing this. It may change, but I doubt it. I will post any update about that if it occurs.

Again, citizen attendance is welcome. Those who filled out Affidavits for Yakima are encouraged to attend. I hope that we all conduct ourselves accordingly. It is important for the judge to see concerned, responsible citizens standing up for their rights.

Below are videos of a seminar that he gave last month.

In the video below, Scott Brumback speaks at a Liberty State rally in Olympia.

In the video below, Yakima County Sheriff Bob Udell discusses I-1639 at the same meeting as the seminar above.

Cancelled – Ask Benton County Commissioners to Sign Opposition to I-1639

UPDATE: This event has been cancelled. You could still ask the commissioners to support such a resolution on your own.

There is an effort afoot to get the Benton County commissioners to sign a resolution in opposition to I-1639 similar to the resolution signed by Franklin County commissioners on January 29th. The organizer, Lisa Thomas, will be presenting a copy of the Franklin County resolution to the commissioners at the March 5th, 2019 commissioner meeting. If you can attend to support this resolution, that would be great. The board meeting is at 9:00 AM, Tuesday, Mar. 5 at the Benton County Courthouse in Prosser.

On behalf of Benton County, as a United States citizen, I am requesting that you (elected to represent me) sign a Resolution (just like Franklin County did- first in the State) supporting our Sheriff, and our Constitutional rights.

These gun initiatives are unconstitutional. They are infringing (impairing) my right to bear arms. When you took office, you took an oath: it is your DUTY to protect my rights.

A Resolution by Benton County tells the State, that we support our Sheriff (the CEO of our County); because it is also his duty to protect my rights and uphold the Constitution.

I have attached Franklin County’s template. I will draft my own and will be bringing it to Tuesday’s meeting to present during Public Comment- along with Radona Grossman-Devereaux who WROTE the repeal bill. Please be prepared to sign it.

You can send a supportive email to commissioners@co.benton.wa.us if you can’t make it to the meeting.

Washington Strikes Back Event, Feb. 19, 2019 -Yakima

From the Washington Strikes Back Facebook page:

Do you believe in the constitutional right to keep and bear arms? Do you stand with Yakima County Sheriff Bob Udell’s position that I-1639 is unconstitutional? Do you believe that WA Attorney General Bob Ferguson’s endorsement and support of I-1639 was wrong, a violation of his oath, a violation of the US and WA Constitution(s), and that he overstepped the authority of his office?

If you wish to take action, join fellow patriotic Washington citizens, Tuesday, Feb. 19, at 6:30 pm, for our concerned citizens’ event. (Yakima Convention Center)

MAKE a stand and hear how you can make a difference.

LEARN how you can stand with our constitutions.

HOLD AG Ferguson accountable.

Free admission. Coffee and water provided.

Tuesday, February 19, 2019 at 6:30 PM – 8:30 PM PST

Yakima Convention Center

10 N 8th St, Yakima, Washington 98901

Yakima Herald: Klickitat County Sheriff Won’t Enforce New Gun Law

Joining the growing chorus of Sheriffs and law enforcement chiefs against the laws passed in Initiative 1639, now Klickitat County Sheriff Bob Songer comes out to say he won’t enforce it, either. here an excerpt from the Yakima Herald’s article Drawing a line: Klickitat County sheriff says he won’t enforce Washington’s new gun law. While residents of Seattle and Olympia were only too happy to vote away the rights of others, most of the rest of the state voted against the initiative, giving yet more reason to separate into a new state.

Klickitat County Sheriff Bob Songer says he’s not enforcing the state’s new initiative that places stiff requirements on the sale and ownership of semiautomatic rifles such as AR-15s, calling it unconstitutional.

“I think it’s a bad law and I think it violates people’s rights,” he said. “This law will do nothing to stop crime or do anything to make our communities safer. But what it will do is make criminals out of our honest citizens.”…

Not all law enforcement agencies in the state are taking a stance as hard as Songer’s. But many are concerned about the constitutionality of the measure and the additional workload enhanced background checks will bring when the initiative takes effect in July, said Steven Strachan, executive director of the Washington Association of Sheriffs and Police Chiefs.

The Lewis County Sheriff’s Office and Republic Police Chief Loren Culp announced shortly after the November general election that they wouldn’t enforce the new law…

In November, the National Rifle Association and the Second Amendment Foundation filed a joint lawsuit in U.S. District Court challenging the constitutionality of I-1639…

Click here to read the entire article at Yakima Herald.

Related:

Wahkiakum Sheriff, Citing Constitution, Says He Won’t Enforce I-1639

Lewis County Sheriff’s Office Won’t Actively Enforce I-1639

Washington Sheriff [Ferry County] Vows to Not Enforce I-1639

Police Chief Instructs Officers Not to Enforce I-1639 Gun Regulations

 

WA GOAL Post 2019-3

From the Washington Gun Owners’ Action League:

GOAL Post 2019-3

Legislative Update from Olympia 28 January 2019

HEARINGS ON TV WASHINGTON

NEW GUN BILLS FILED

ACTION ON BILLS

PUBLIC HEARINGS SCHEDULED

MY TRAVEL SCHEDULE

If watching the hearings in Olympia didn’t bring the message home, in today’s world, feelings and emotions beat facts and logic every time. The
one with the most emotional testimony wins.I’ve been watching that for 24 years. The link below goes to last Monday’s Senate Law & Justice hearing: Senate Law & Justice hearing, Monday, 21 January: https://www.tvw.org/watch/?eventID=2019011158

I know that everyone reading this message knows the difference between a democracy and a republic, but in case it slipped your mind…A democracy is mob rule: the issue or the side with the most votes wins. Five wolves and a lamb voting on what to have for lunch.A republic is governed by a constitution which places limits on the democracy, (i.e. the lamb has an
AR-15.) There are certain things where a simple democratic majority does NOT win.

Theoretically the Second Amendment and Article 1, Section 24 of the state constitution guarantees the right to keep and bear arms, no matter what the democratic legislature votes.“Shall not be infringed.” (2A)“Shall not be impaired.” (1/24)That seems pretty clear, but many legislators are constitutionally illiterate. Read the dictionary definitions of “infringed” and “impaired.”

That’s where the Supreme Court (federal and state) step in to ensure the constitution is followed.Sometimes.

Is a 10-round magazine limit an infringement?An impairment? Try SEVEN rounds under current New York State law.Or FIVE, as is being proposed in Oregon right now. (I can see the look on all you smug revolver shooters’ faces.)

Only four new gun bills were filed last week, all in the House.HB 1319, by Rep. Sharon Wylie (D-49), prohibits firearms at all public meetings
of a city, county or other governing body. HB 1346 by Rep.Gerry Pollett (D-46), would ban the transfer of any lead-based or lead core ammunition to anyone under the age of 21 – there go your junior rifle programs (all to prevent lead contamination and protect the chilluns, of course). HB 1374 by Rep. Macri (D-43), repeals state preemption in its entirety.—stand by for every city to enact a multitude of gun laws including restrictions on where and when you can carry firearms – with or without a CPL. The cities have been fighting this since it passed 30+ years ago.Good luck making it from one corner of the state to another without violating SOMEONE’s gun law.  And HB 1381 BY Rep. Mike Pellicciotti (D-3), which prohibits the use of unmanned aerial vehicles (UAVs – drones) to deliver contraband to anyone in lawful detention – from guns to drugs to cellphones to anything they declare as contraband.

Several bills passed out of their original policy committee, generally with amended versions (substitutes) offered, and now sit in their respective Rules committees, awaiting a pull to the chamber floor for a full floor vote. These include:HB 1010 (destruction of forfeited firearms), SB 5027 (extreme risk protection orders – substitute passed), SB 5061 (undetectable firearms – substitute passed), SB 5062 (high capacity magazine ban – substitute passed), SB 5143 (firearm seizure in DV cases – substitute passed) and SB 5174 (CPL training requirement – substitute passed that allows NRA or similar courses to qualify). These bills all now await a floor vote.

Public hearings are also scheduled for several bills. The House Civil Rights & Justice Committee will conduct public hearings on HB 1315 (CPL training) on 29 January at 10:00 a.m. and on HBs 1319 (open carry/public meetings) and 1346 (lead ammo ban) on February 1^st at 10:00 a,m. Senate Higher Ed will conduct a public hearing on SB 5150 (college safety officers) at 1:30 p.m. on 31 January.Senate Law & Justice will hear SBs 5181 (firearm possession/mental health) and 5205 (incompetent to stand trial) at 10:00 a.m. on 29 January.

Action has yet to be taken on several more bills that have already had public hearings.Their time will come!It frequently means there is back-room negotiating going on to amend the bills after testimony.

BILL STATUS/GOAL POSITION:

SHB 1010 Disposition of forfeited firearms by WSP Senn (D-41) H.Rules OPPOSE

HB 1022Prohibiting handgun sale data base Walsh (R-19) H.CR&J SUPPORT

HB 1024Prohibiting gun owner data base Walsh (R-19) H.CR&J SUPPORT

HB 1038Authorizing armed school personnel Walsh (R-19) H.CR&J SUPPORT

HB 1068 High capacity magazine ban Valdez (D-46) H.CR&J OPPOSE

HB 1073 Undetectable and/or untraceable firearms Valdez (D-46) H.CR&J OPPOSE

HB1097 Repeals firearm confidentiality waivers Walsh (R-19) H.CR&J SUPPORT

HB1098 Repeals penalties/unsafe storage of firearms Walsh (R-19) H.CR&J SUPPORT

HB 1203 Reporting lost or stolen firearms Doglio (D-22) H.CR&J OPPOSE

HB1225 Firearms/domestic violence Jinkins (D-27) H.CR&J OPPOSE

HB 1286 Assault weapon ban Peterson (D-21) H.CR&J OPPOSE

HB 1315 CPL training requirement Lovick (D-44) H.CR&7J OPPOSE

HB 1319 Open carry prohibited at public meetings Wylie (D-49 ) H.CR&J OPPOSE

HB 1346 Lead ammo ban for “youth” Pollett (D-46) H.CR&J OPPOSE

HB 1374 Repeals state preemption of gun laws Macri (D-43) H.CR&J OPPOSE

HB 1381 Use of UAVs to deliver contraband Pellicciotti (D-30) H.PunSaf NEUTRAL

SB 5016 Authorizing armed animal control officers Van De Wege S.L&J SUPPORT

SSB 5027 Extreme risk protection orders, under age 18 Frockt (D-46) S.Rules OPPOSE

SB 5050 Body armor use in a crime O’Ban (R-28) S.L&J NEUTRAL

SSB 5061 Undetectable and untraceable firearms Dhingra (D-45) S.Rules OPPOSE

SSB 5062 High capacity magazine ban Kuderer (D-48) S.Rules OPPOSE

SB 5072 Extreme risk protection orders O’Ban (R-28) S.L&J NEUTRAL

SB5099 Target shooting on DNR land Sheldon (D-35) S.Ag SUPPORT

SSB 5143 Seizing firearms/DV incidents Dhingra (D-45) S.Rules OPPOSE

SB 5150 College safety/officers weapons Wilson (R-17) S.HiEd SUPPORT

SB 5172 Firearm training/gun bill sponsors Fortunato (R-39) S.StGov SUPPORT

SSB 5174 Training for CPL issue Palumbo (D-1) S.Rules OPPOSE

SB 5181 Firearm possession/mental health Kuderer (D-48) S.L&J OPPOSE

SB 5205 Firearm possession/incompetent for trial Dhingra (D-45) S.L&J OPPOSE

SB 5340 Assault weapons ban Kuderer (D-48) S. L&J OPPOSE

SB 5434 New gun free zones Wilson (D-30) S.L&J OPPOSE

HB = House bill, SB = Senate bill.L&J = Law & Justice, CR&J = Civil Rights and Judiciary, PubSaf = Public Safety, HC = Health Care, H. K-12 = House Early education, Aprop = Appropriations, Fin = Finance, W&M = Ways & Means“S” before a bill number indicates Substitute (amended).

HEARINGS SCHEDULED:

29 Jan House Civil Rights & Judiciary Committee John L. O’Brien Bldg

10:00 a.m. HB 1315

29 Jan Senate Law & Justice John A. Cherberg Bldg

10:00 a.m. SBs 5181 and 5205

31 Jan Senate Higher Ed Committee John A. Cherberg Bldg

1:30 p.m. SB 5150

1 Feb House Civil Rights & Judiciary Committee John L. O’Brien Bldg

10:00 a.m. HBs 1319 and 1346

21 Jan Senate Law & Justice Committee John A. Cherberg Bldg

10:00 a.m. SBs 5061, 5062, 5143, 5174

22 Jan House Civil Rights & Judiciary Committee, John L. Bldg

10:00a.m HBs 1024, 1068, 1203, 1225

24 Jan Senate Agriculture Committee, John A. Cherberg Bldg.

1:30 p.m. SB 5099

LEGISLATIVE HOT LINE:You may reach your Representatives and Senator by calling the Legislative Hotline at 1-800-562-6000. Toll free!!! The hearing impaired may obtain TDD access at 1-800-635-9993.Also toll free!!!

1-800-562-6000TDD 1-800-635-9993

OTHER DATA: Copies of pending legislation (bills), legislative schedules and other information are available on the legislature’s web site at “www.leg.wa.gov <http://www.leg.wa.gov>”. Bills are available in Acrobat (.pdf) format.You may download a free version of Adobe Acrobat Reader from Adobe’s web site (http://www.adobe.com). You may also obtain hard copy bills, initiatives, etc, in the mail from the Legislative Bill Room FREE OF CHARGE by calling 1-360-786-7573.Copies of bills may also be ordered toll free by calling the Legislative Hotline at (800) 562-6000. You may also hear floor and committee hearing action live at http://www.tvw.org/(you need “RealAudio” to do this, available free at
the TVW web site).

By reading the House and Senate “bill reports” (hbr, sbr) for each bill, you can see how individual committee members voted. By reading the “roll call” for each bill, you can see how the entire House or Senate voted on any bill.The beauty of the web site is that ALL this information is available, on line 24/7 , to any citizen.

GET THE WORD OUT: If you want to subscribe to the GOAL Post by e-mail, send a message to “goalwa@cox.net ” <mailto:goalwa@cox.net>. Please pass GOAL Post on to anyone you believe may have an interest in protecting our rights. Better yet, make a couple of copies of this message, post it on your gun club’s bulletin board, and leave copies with your local gun shop(s). PERMISSION IS HEREBY GRANTED TO DUPLICATE OR REDISTRIBUTE GOAL POST PROVIDED IT IS REPRODUCED WITHOUT TEXTUAL MODIFICATION AND CREDIT IS GIVEN TO GOAL.I can be reached at “joewaldron@cox.net” <mailto:joewaldron@cox.net>or by telephone at (425) 985-4867. Unfortunately, I am unable to mail hard copy GOAL Post to individuals.Limited numbers of hard copies MAY be available at the Second Amendment Foundation book table at WAC gun shows.

Upcoming WAC gun show(s):

Puyallup (Pavilion) 23-24 February

Puyallup 30-31 March

 

“The right of the individual citizen to bear arms in defense of himself, or the state, shall not be impaired, but nothing in this section shall be construed as authorizing individuals or corporations to organize, maintain or employ an armed body of men.”

Article 1, Section 24

Constitution of the State of Washington

Copyright 2019 Gun Owners Action League of WA

WA state: Anti-Gun Bills Pass Committe

From NRA-ILA:

During the January 24th executive session, the Washington state Senate Committee on Law & Justice voted to pass all of the gun control bills before them by a vote of 4-3.  They will now go to the Senate floor for further consideration.  Please contact your state Senator and urge them to OPPOSE these anti-gun bills.  Click the “Take Action” button and call 1-800-562-6000 to contact your state Senator.

The Proposed Substitute to Senate Bill 5062, sponsored by Senator Patty Kuderer (D-48), was filed at the request of Attorney General Bob Ferguson.  It would ban the possession of ammunition magazines with a capacity greater than 10, encompassing most standard capacity magazines commonly used by law-abiding citizens, such as with handguns popular for self-defense.  Those who own non-compliant magazines prior to the ban would only be allowed to possess them on their own property and in other limited instances such as at licensed shooting ranges and nationally sanctioned sport shooting events.  These magazines would have to be transported unloaded and locked separately from firearms and stored at home locked, making them unavailable for self-defense.

The Proposed Substitute to Senate Bill 5061, sponsored by Senator Manka Dhingra (D-45), was filed at the request of Attorney General Ferguson.  It would end the centuries old practice of manufacturing firearms for personal use, among other things.

Senate Bill 5174, sponsored by Senator Guy Palumbo (D-1), would increase the government red tape that law-abiding adults must go through in order to obtain a Concealed Pistol License by requiring a mandatory training course.

Senate Bill 5143, sponsored by Senator Dhingra, would require law-enforcement to seize firearms and ammunition when they are called to the scene of an alleged domestic violence incident and hold them for at least five business days.  This would result in property being confiscated without first going through due process and subjecting citizens to bureaucratic red tape to get their property returned.

Senate Bill 5027, sponsored by Senator David Frockt (D-46), would expand Washington’s existing Extreme Risk Protection Orders (ERPO).  It would affirm that the ERPO can be issued against minors while also infringing upon the self-defense rights of law-abiding parents or others in the household without due process.

Rally for Your Rights, Olympia, Jan. 18th, 2019

A rally in support of “the right of the individual citizen to bear arms” (WA state Constitution) will be held on the Capitol Campus Friday, January 18th. The rally will be held on the north steps of the Legislative Building and will begin at 9 a.m., ending at 12 noon. The rally is sponsored by the Gun Rights Coalition.

From The Olympian:

A gun rights rally next week on the Capitol Campus is expected to draw 150 people, including some with guns.

Rally for Your Rights will take place from 9 a.m. to noon Jan. 18 on the north steps of the Legislative Building. The event is organized by the Gun Rights Coalition and is permitted by the Department of Enterprise Services.

State law allows people to openly carry guns in most public areas, including on the Capitol Campus. Washington State Patrol will be at the scene that day.