Thurston County Judge Strikes Down Illegal I-1639 Petitions

According to a news release from Save Our Security dated August 17, 2018, a Thurston County judge has stricken the Initiative 1639 petitions for being non-compliant with state law.

Today a judge on Thurston County’s Superior Court struck down the non-compliant and illegal forms used to gather I-1639 petitions.

We wish to commend the legal help from our allies at SAF and NRA in this fight. Keeping the ballot initiative process open and honest is important.

Barring any appeals to the state supreme court, this victory will stop I-1639 from appearing on the ballot. The well-funded anti-Second Amendment groups may have lost this time on a technicality, but rest assured, they’ll be back again next year.

The NRA followed up with their own article:

NRA Wins Lawsuit in Washington State, Prevents I-1639 From Appearing on Ballot

The Thurston County Superior Court today ruled in favor of the National Rifle Association and ordered a writ of mandamus to prevent I-1639 from appearing on the ballot. The judge agreed the signature sheets did not comply with state law – the font size was too small to be readable and didn’t include strikethroughs.

“The National Rifle Association is glad to see the court today recognized how negligent, if not worse, gun control advocates were in their signature-gathering for this ill-advised ballot initiative,” said Chris W. Cox, executive director, NRA-ILA. “We got involved because I-1639 tramples on the rights of Washington state voters, and because the way these anti-gun activists went about pushing their agenda was egregious. We applaud this decision, and will remain vigilant in protecting the constitutional freedoms of all Americans.”

Among other things, I-1639;

• Creates a gun registry for any transfers of commonly owned semi-automatic rifles;

• Introduces a 10-business day waiting period on the purchase of semi-automatic rifles;

• Imposes criminal liability on otherwise law-abiding gun owners who fail to store their firearms to state standards;

• Increases the age limit to possess or purchase semi-automatic rifles from 18 to 21;

• Mandates training prior to purchase;

• And authorizes a $25 fee to be assessed to semiautomatic rifle purchasers.

The initiative proponents will likely appeal the decision to the state Supreme Court and we will continue to advocate on behalf of our law-abiding members in the Evergreen state.

Anti-gun WA Initiative 1639 Information

Initiative 1639 will be on the ballot this fall (2018) unless it is stopped by lawsuit. Titled “AN ACT Relating to increasing public safety by implementing firearm safety measures, including requiring enhanced background checks, waiting periods, and increased age requirements for semiautomatic assault rifles and secure gun storage for all firearms,” this billionaire-funded initiative is much more dangerous than that language implies. The initiative is facing lawsuits over reported illegal petitions.

Washington Arms Collectors published the following facts about I-1639.

Initiative 1639 – An Attack on Every Firearm Owner

Initiative 1639 has been filed with the Washington Secretary of State:
“AN ACT Relating to increasing public safety by implementing firearm safety measures, including requiring enhanced background checks, waiting periods, and increased age requirements for semiautomatic assault rifles and secure gun storage for all firearms.” We should all be informed of the contents so please go to the official copy online and read it, download it and print it out to share with others. Here is the web address:
This initiative is now in the signature gathering phase and if enough signatures are collected it will go directly to the voters, not to the legislature. If passed I-1639 will become law on July 1, 2019.
Every Semiautomatic Rifle is an Assault Rifle
Let me start with the initiative language that will do the most harm, the definition of an assault rifle.
I-1639 creates the following definition:
“Semiautomatic assault rifle” means any rifle which utilizes a portion of the energy of a firing cartridge to extract the fired cartridge case and chamber the next round, and which requires a separate pull of the trigger to fire each cartridge.”
The age of your rifle, collectability, ATF definition of the firearm as a Curio or Relic, caliber, rimfire or centerfire, tube or box magazine—none of this makes any difference, ALL semiautos are defined as assault rifles. Your kid’s .22 LR plinker is an assault rifle. Your Garand collection is a collection of assault rifles. Turn of the 19th to 20th century semiautos are assault rifles.
You say that you hate those black plastic stocked AR-style rifles and wouldn’t have an “assault rifle” in the house? Too bad, the anti-gun community has outflanked you this time by including all of your wood stocked semiauto hunting rifles, all 22 semiautos and just about every rifle created from 1900 to now. Oh, antiques and inoperable firearms are generously exempted. So it’s not just Modern Sporting Rifles that have been included but all semiautomatic rifles.
Registration of Rifles
How will this affect collector transfers, private transfers and all FFL dealer sales? Semiauto rifle transfers will be handled like pistols are now with additional forms, State registration and waiting periods.
The Department of Licensing is authorized to keep, “copies or records of applications to purchase pistols or semiautomatic assault rifles.”
Firearm Storage is Criminalized
We all secure our firearms the best we can. Some can afford safes and others lock them up or use locking devices. I-1639 defines safe storage as follows: “Secure gun storage” means: (a) A locked box, gun safe, or other secure locked storage space that is designed to prevent unauthorized use or discharge of a firearm.” Oddly this definition excludes gun locks! Yet the initiative itself requires gun locks be provided with every sale. It appears that if one secures a firearm using a locking device it is by definition not in “secure gun storage.” Read the definition again—a secure storage SPACE seems to be required. And if you fail to have such a space and someone uses your firearm to do harm, you are the criminal.
A new crime of “community endangerment” is created that will allow you to be charged and jailed if your firearm is taken and misused. Yes, if you have secured your firearms you may not be charged and in this section gun locks are mentioned along with secure storage. We all strongly support safe firearm storage but changing the law to shift the blame for a crime onto the victim of a crime is wrong. The message to the public and the legal system is that your formerly law-abiding gun ownership is a threat to the community.
Annual Verification of Eligibility
I-1639 will institute a system that annually reviews your record to determine your eligibility to own firearms. You should expect that medical records, mental health issues, and social security disability will all be reviewed to determine whether you can possess that old semiauto hunting rifle. And you thought we were trying to scare you with visions of the police at your door to confiscate your firearms.
Out of State Purchasers
Residents of other states have been able to purchase rifles and shotguns here in Washington. 1639 will end this reasonable practice for semiauto rifles. Our WAC members in Idaho and Oregon will be unable to come to our shows and collect these firearms.
No Longer an Adult at Age 18
At age 18, you can vote, you can be charged with a crime as an adult, be imprisoned or drafted and do other adult things but you can’t take your 22 rifle into the woods to plink and you can’t go hunting with a license and a semiauto. I-1639 judges you to be too immature to do these adult activities. Thinking about taking your semi to the range for practice or a DCM shoot Forget it—that would be illegal.
What can a 18 year old do with a semiautomatic rifle? Stay at home on your own property. That’s it. The initiative states that a person, “ eighteen years of age, but less than twenty-one years of age, may possess a semiautomatic assault rifle only: (a) In the person’s place of abode; (b) At the person’s fixed place of business; (c) On real property under his or her control.”
Seriously…if this becomes law you can’t take your children to the range to have some shooting fun with the 10-22.
Government Safety Training Required
This initiative has costs that will be borne by firearm purchasers and owners. A new regimen of “safety” training to be delivered by government agencies is defined. Will it be free? Of course not and the price is not stated or limited. Firearm accidents are near zero in Washington. Death by firearm is either a criminal act or a suicide—neither is preventable through any kind of safety training. Hunter Safety classes teach safety and public and private firing ranges all provide safety training. This requirement is a bogus attempt to incorporate public safety into 1639 and increase the costs and create obstacles to firearm ownership.
Trigger Locks required
And you thought that trigger locks were already required? Well yes they are—by Federal law every firearm sold must have with a locking device. This section appears to exist only so that the initiative can masquerade as a safety measure. Nothing changes.
Rifles are Taxed
Sure they call it a fee but this is a tax on semiauto rifles. A fee of $25 is to be assessed by dealers for the Department of Licensing to use in their registration of firearms.
Multiple Initiative Subjects
Washington law requires that an initiative deal only with a single subject. In I-1639 we have changes to the age of firearm ownership, fees which are really taxes, storage requirements, changes to the definition of rifles and more. Most of the law changes would be in RCW 9.41. Still, there are obviously multiple separate and significant issues,not a single subject. This initiative is also falsely titled as dealing with “assault rifles.” These are flaws that may allow challenges but will not necessarily prevent a ballot vote. Don’t count on our courts to protect your rights–begin the fight now.
This article from the GunNews magazine, Washington Arms Collectors, may be reprinted and distributed by all those acting in opposition to I1639.
See also https://saveoursecurity.net/ for more information about I-1639.
UPDATE: As of November 6th, 2018 it appears that Initiative 1639 has been voted into law. The age restrictions go into effect January 1, 2019 and the rest on July 1, 2019.
UPDATE 2: The SAF and NRA File Lawsuit Challenging I-1639. Click here for article.

The lawsuit challenges the measure on the grounds that it violates the commerce clause by banning sales of rifles to non-residents, and that it unconstitutionally impairs the rights guaranteed by the First, Second and Fourteenth Amendments, and Article I Section 24 of the Washington State constitution by preventing the sale to otherwise qualified adults under age 21 of certain rifles.

“We are also considering additional legal challenges,” SAF Executive Vice President Alan Gottlieb confirmed. “We are disappointed that too many Evergreen State voters were fooled into supporting this 30-page gun control scheme, despite overwhelming law enforcement opposition. This initiative is an affront to the constitutional rights enshrined in the Second Amendment and the Washington state constitution, especially for young adults.

“We’re determined to fight this egregious measure because constitutionally-protected rights should never be subject to a popularity vote,” he stated. “The wealthy elitists behind I-1639 want to turn a right into a regulated privilege. This measure was only designed to have a chilling effect on the exercise of a constitutional right by honest citizens while having no impact at all on criminals, and we cannot let it go unchallenged.”

Washington: Hearing Scheduled for Legislation to Ban Long Gun Purchases by Law-Abiding Adults

From the NRA-ILA and the Gun Owners’ Action League:

Tomorrow, February 27th at 8:30AM, the Washington state Senate Ways & Means Committee is scheduled to hear Senate Bill 6620, which includes provisions that would raise the minimum age to purchase many common semi-automatic rifles and shotguns to 21 years of age and would also establish a 10 day waiting period.  In addition, anti-gun legislators in Olympia also submitted House Bill 3004 on February 24th, a companion to SB 6620.  This comes just two weeks before the end of the current legislative session, as they rush to accomplish their agenda.

NRA Members and Second Amendment supporters are strongly encouraged to attend the committee hearing tomorrow morning to voice their opposition.  Also, please use the “Take Action” button below to contact Senate committee members as well as your state Senator and Representative and urge them to remove all anti-gun provisions in SB 6620 and HB 3004!  Click the “Take Action” button below to contact senate committee members and your state Senator and Representative.

Senate Bill 6620, sponsored by Senator David Frockt (D-46), and House Bill 3004, sponsored by Representative Laurie Jinkins (D-27), would raise the minimum purchasing age for semi-automatic rifles and shotguns in the State of Washington from 18 to 21 years of age based on cosmetic features.  Federal law already prohibits adults under the age of 21 from purchasing a handgun from a licensed firearm dealer.  Legislative proposals to prevent law-abiding adults aged 18-20 years old from acquiring modern semi-automatic rifles or shotguns would deny them access to the most modern and effective rifles for self-defense, thus depriving them of their constitutional rights.

This legislation attempts to brand these firearms as having “tactical features” to drum up unnecessary fear of their ownership.  In reality, these firearms are only being defined by aesthetic features that in no way affect the functionality of the rifle.  Semi-automatic firearms only fire one shot per action of the trigger, and such technology has been available to American consumers for over a century.  Semi-automatic firearms are commonly owned by law-abiding citizens for various purposes such as self-defense, recreation, competition, and hunting.

SB 6620 and HB 3004 would also establish what amounts to a 10-day waiting period for transfers of these firearms by requiring that they go through the state background check like handguns rather than the federal National Instant Criminal Background Check System (NICS) that is currently used for all long gun transactions.  While federal law allows for such transactions to be completed if three days have elapsed from the time of the “delayed” response, the state check requires a wait of ten days in such a scenario.

We need serious proposals to prevent violent criminals and the dangerously mentally ill from acquiring firearms.  Passing a law such as this punishes law-abiding citizens for the evil acts of criminals.  The NRA supports efforts to prevent those who are a danger to themselves or others from getting access to firearms.  At the same time, we will continue to oppose gun control measures that only serve to punish law-abiding citizens.  These are not mutually exclusive or unachievable goals.

Again, please contact Senate committee members and your Senator and Representative urging them to remove all anti-gun provisions in these bills!

From GOAL of WA

GOAL Alert 2018-2
Legislative alert from Olympia 25 February 2018

HOUSE COUNTERPART TO SB 6620

ACTION NEEDED, NOW!

I’d say I’m sorry for the rush of messages, but I’m not. The rush is caused by end-of-session manipulation by Democrat “leadership” in Olympia, and calls for a strong response.

As I have posted frequently, it ain’t over ’til the fat lady sings. And she’s not scheduled to sing until midnight on 8 March (a week from this coming Thursday). While the legislature sets cut-off dates and other procedural processes to keep bills moving and cull out other bills, the bottom line is that these are not written in the state Constitution, they are internal rules adopted by the legislature and may be changed by the legislature at will.

The House has filed a “counterpart bill”, HB 3004, to SB 6620. A counterpart bill is a verbatim duplicate of the bill filed in the other chamber. If both pass unamended, it/they go straight to the governor for his signature.

SB 6620/HB 3004 is a 14 section, 28 page bill in their words, “Improving security in schools and the safety of our students.” What it is is a Trojan horse, gun control hidden under the guise of the standard Democrat mantra “It’s for the children.”

Part I of the bill is a single section less than one page in length and talks about unspecified funding for “school emergency response systems.” Part II, “Students protecting students,” is three more sections spread over 10 pages and discusses nominally establishes a program whereby students may – anonymously if so desired – report potential threats to school safety and sets out procedures, including court action, to be followed, as well as identity protection for all involved in the process up to and including law enforcement and court personnel.

Part III is the zinger, “Semiautomatic rifles or shotguns with tactical features.” 18 pages, 24 sections describing the offending firearms as semi-auto rifles or shotguns with detachable magazines (mostly the features such as pistol grip, thumbhole stock, flash hider, grenade launcher – the standard litany of evil features from the federal 1994 Clinton/Feinstein “assault weapon ban”). There are some omissions here but I’m not going to identify them. Please note that these definitions do not include tube-fed firearms or manually operated firearms.

The principal focus in Part III is shifting “semiautomatic rifles and shotguns” to the same category as that applied to handguns: they can only be sold to individuals age 21 and over, and are subject to the additional requirements for handguns: additional state paperwork and waiting periods (with the existing CPL exemption).

Keep in mind, under I-594 ALL firearm transfers must be processed by a licensed dealer, meaning that de facto registration already exists via the FFL’s required record-keeping, but this would effectively add offending semi-auto firearms to the state pistol registry, creating an on-line data base of such firearms.

It also increases the state firearm dealers license fee from $125 to $150.

Text of SB 6620: http://lawfilesext.leg.wa.gov/biennium/2017-18/Pdf/Bills/Senate%20Bills/6620.pdf

Text of HB 3004 has not been posted yet, but the bill’s home page is at: http://app.leg.wa.gov/billsummary?BillNumber=3004&Chamber=House&Year=2017:

It is the intention of legislative “leadership” to ram this bill through before the end of the session. How much time will be given to public testimony remains to be seen – at this point no public hearings are scheduled.

It is imperative that you contact your legislators as soon as possible to ask that they remove Part III from the bill. Parts I and II are likely legitimate, but Part III is strictly a ploy to use school and children’s safety as a cover for more gun control.

You can find your legislators by visiting: http://app.leg.wa.gov/districtfinder

Once you find your district, simply scroll down to see your Senator and Representatives listed. Click on their name and it will take you to their information, including a link to e-mail them.

Or you can call the Legislative Hotline tollfree at (800) 562-6000.

We need to flood the legislature with you going on record opposing Part III of SB 6620/HB 3004.

This is just step one on their agenda. There is already discussion of raising the age limit for the purchase of ALL firearms to age 21. The Bill of Rights does not impose an age limit on the exercise of fundamental, enumerated (listed) constitutional rights. Not to mention the fact that you can enlist in the military, or be drafted, and fight for your country at age 18.

If anyone receiving this is attending the WAC gun show in Puyallup today, please make copies of this and take them to the show. Thank you/.

WA Gun Bills Go into Effect

From the NRA-ILA

Source – NRA-ILA – click for article

Related – Home Alone in Washington State