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.

 

WA GOAL Post 2019-1

From the Washington Gun Owners’ Action League:

GOAL Post2019-1

Legislative Update from Olympia 11 January 2019

RALLY IN OLY FRIDAY 18 JANUARY

LEGISLATURE CONVENES MONDAY, 14 JANUARY (105 DAY SESSION)

DEMOCRATS IN COMPLETE CONTROL

BILL INFORMATION

NEW GUN BILLS PRE-FILED

LEGISLATIVE TUTORIAL

LEGISLATIVE CALENDAR

NEXT WEEK’S HEARING SCHEDULE

LEGISLATOR CONTACT INFORMATION

HOW TO TESTIFY AT A PUBLIC HEARING

PUBLIC HEARING VERSUS EXECUTIVE SESSION

(This will be a long GOAL Post as I have to describe the environment and
the processes involved for new readers. Future issues will be
shorter. Also keep in mind that GOAL Post focuses on gun law only, we do
not cover hunting issues. The Hunters Heritage Council does that well.I
normally post GP on Friday evenings to summarize that week’s activities
and provide a forecast for the next. I’ll be on the road for the next two
weeks, so some issues might be late – or early.)

First business first: a gun rights rally will be held on the Capitol
Campus next 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. (Yes, it’s a
Friday, and unlike the people bussed in to attend many liberal rallies,
gunnies have to work. Are your gun rights worth a day off?) After the
formal presentation, attendees are encouraged to familiarize themselves
with the campus layout (the Capitol, or “legislative” building where
floor sessions are conducted, as well as the John L. O’Brien House
Office Building, the John A. Cherberg Senate Office Building, and the
Irv Newhouse Senate Office Building. This is a great opportunity to
locate your two representatives’ and one senator’s office and introduce
yourself to their legislative aides. Hopefully over the coming session
they’ll become familiar with your name and maybe even your face!

The legislature convenes on Monday, January 14th , for its “long” (105
day) session. This is the start of the 66^th biennium, which will run
through next year (2020). The primary focus of the long session is
supposed to be preparation and passage of a two-year budget, but worry
not – they’ll find plenty of time for gun control. If their work is not
completed, they can be called back by the governor for any number of
30-day special sessions, as happened two years ago with THREE
back-to-back special sessions.

I’m not going to point fingers, as it’s not clear who to point fingers
at:overly enthusiastic liberal voters or discouraged
conservatives. Either way, the Democrats now have solid control of BOTH
the Senate and the House. We still have a few friendly Democrats in the
Senate and the House, but not enough to overcome the liberal majority.

The new Senate has 28 Democrats, 21 Republicans.The House will have 57
Democrats to 41 Republicans. This means not only will every committee
chair be Democrat (the committee chair controls which bills will receive
a hearing), but most committees will have a two-seat Democrat majority.

In the first session of the biennium, all new bills must be filed.You
may see familiar subjects brought back, but the bill numbers will be
new.Bills stay alive for the entire two-year biennium.

Text of newly filed bills can be found at
https://app.leg.wa.gov/billinfo/ Also on the bill information page are
links to “New Introductions” (daily), and at the bottom, “Bills by
topic” and “Bill Tracking.”

Pre-filing of bills for the new legislature begins in December, and
there are already a handful of gun-related bills in the hopper.

A complete list of bills under consideration is included below in the
“BILL STATUS” section.It also contains the bill’s prime sponsor, the
current status of the bill (committee location) and the GOAL position on
the bill. Committee abbreviations are provided at the bottom of that
section. As this is written there are currently 12 gun bills available
for consideration/action.

For those new to legislative affairs, here’s how the process works: When
a bill is filed in the House or Senate (or both, simultaneously, called
“companion bills”) it is assigned to a policy committee.Most gun-related
bills go to the Senate Law & Justice Committee in the Senate. In the
House it’s a little more complicated, as it may be sent to House Civil
Rights & Judiciary or House Public Safety (most will go to CR&J). Public
hearings may be held, after which the bill may (or may not) be voted out
of committee. If the bill has a fiscal impact (usually an expenditure of
more than $50,000), it must then go to Senate Ways & Means or one of a
couple of House fiscal committees. The bill then goes to the Senate or
House Rules Committee, where it must be voted on to pass out to the
floor for a full vote.

After a bill passes the Senate or House, it then goes over to the
opposite chamber (House or Senate), where the whole process starts over
again. If the bill passes the second chamber in the same form it passed
the first, it goes to the governor for signature (or veto or partial
veto). If changes are made in the second chamber, it goes back to the
first for concurrence. It may also go to a conference committee from both
chambers to resolve differences.The final version must pass both chambers.

The bill then goes to the Governor, who may sign it into law, veto
(kill) the bill, or sign a partial veto (killing just selected
section(s) of the bill). The governor may also allow a bill to become law
without his signature. Most signed bills take effect on 1 July, although
bills with an “emergency clause” (considered immediately necessary for
public safety) take effect upon signature by the governor.

One of the first items of business in each session is the adoption of
the session calendar, identifying dates by which bills must clear
various hurdles. A bill that fails to clear the policy committee or
chamber floor by the designated date is generally considered dead for
the year, although they may be “resurrected” by parliamentary
procedure. I’ll post the cut-off dates for the 2018 session in the next
issue of GOAL Post.

At this time, public hearings are scheduled for HB 1010 (disposal of
forfeited firearm) on Tuesday, January 15th , at 10 a.m. in the House
Civil Rights and Judiciary Committee, and for SBs 5072 (extreme risk
protection orders, under 18) and 5027 (extreme risk protection orders,
under 18) on Thursday, 17 January at 10 a.m. in the Senate Law & Justice
Committee.

The following links can be used to contact legislators .Lists won’t be
updated until new members are sworn in Monday):

http://www.leg.wa.gov/Senate/Senators/

http://www.leg.wa.gov/House/Representatives/

Legislative e-mail addresses are available at
http://app.leg.wa.gov/MemberEmail/Default.aspx

The link contains a quick tutorial on providing testimony at public
hearings on bills under consideration. I would urge you to read it and
consider visiting Olympia to let YOUR voice be
heard.http://leg.wa.gov/legislature/Pages/Testify.aspx

Public hearings are committee meetings open to the public, where the
public is allowed to testify on bills, to give their views on the
bill. But all votes on bills taken by a committee are conducted in what
are called “executive sessions.” They are typically part of a public
session, with a few minutes set aside to vote on bills previously heard
by the committee. Public testimony is just that, open to the public for
comment.On the other hand, no public input is allowed during executive
session. You are welcome to sit there, and to count votes, but silence
from the public is the rule.Just FYI for those of you who have not
attended legislative public meetings before.

And you won’t find the House Judiciary Committee listed any more. It’s
now the House Civil Rights and Judiciary Committee.

The Senate Committee Services office has done us the favor of compiling
a 26 page summary of Washington state firearms laws and other data
surrounding firearms… with – at first glance – a typical Olympia slant
on it.The “study” us available at
http://leg.wa.gov/Senate/Committees/LAW/Documents/Washington%20Firearms%20Laws.pdf

BILL STATUS/GOAL POSITION:

HB 1010 Disposition of forfeited firearms by WSP Senn (D-41 )H.CR&J OPPOSE

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

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

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

HB 1038 Authorizing armed school personnel Walsh (R-19) UnAsg SUPPORT

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

SB 5016 Authorizing armed animal control officers Van De Wege UnAsg SUPPORT

SB 5027 Extreme risk protection orders, under age 18 Frockt (D-46) S.L&J OPPOSE

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

SB 5061 Undetectable and untraceable firearms Dhingra (D-45) S.L&J OPPOSE

SB 5062 High capacity magazine ban Kuderer (D-48) S.L&J OPPOSE

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

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:

15 Jan House Civil Rights and Jud Committee, John L. O’Brien Building

10:00 HB 1010

17 Jan Senate Law & Justice Committee, John A. Cherberg Bldg

10:00 SBs 5027 and 5072

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“. 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 “.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

“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

More Anti-Gun Crazy from New York

From RochesterFirst.com, more proof that the inmates are running the asylum – Proposed law would let State search gun owner’s social media and internet history. The privacy invasions involved in this bill are a new level of crazy. Look for more of this mental diarrhea coming to a state near you.

A new act introduced in the New York State Assembly this month would require pistol owners to submit to a “social media review.”

Anyone applying for, or renewing a pistol permit would have to give up all login information, including passwords, for any social media sites they’re a part of.

Posts from the past three years on site like Facebook, Twitter and Snapchat would be reviewed for language containing slurs, racial/gender bias, threats and terrorism.

One year of search history on Google/Yahoo/Bing would also be reviewed.

Related:

Conservative Firing Line: New York Senate Bill 9191 – Destroying the Bill of Rights

American Partisan: Lawful Resistance

Bryce Sharper at American Partisan has written Case Studies in Lawful Resistance I in which he gives a brief synopsis of the doctrine of magistrates and its relation to lawful resistance, and also gives an example of lawful resistance from Illinois.

The state of Illinois is collapsing financially.  It owes its vendors in excess of $10 billion and has no money to pay its pension obligations.  Foolish state elected officials are floating every scheme under the sun to avoid the inevitable: declaring bankruptcy.  People are moving out in every direction.  The thing is, Illinois is a lot like California: there are a lot of decent, God-fearing people there.  Illinois is really the territory of the corrupt city-sanctuary-state of Chicago.  I have wondered for a long time why the rest of the state doesn’t secede or at least stop obeying Chicago.  I have to wonder no longer.  Second Amendment activists in the state have begun the basic process of resistance by creating sanctuary cities for gun owners.

Without gun sanctuary resolutions, these new state laws could take guns away from owners who need them: after all, people who believe in emergency preparedness and survival often purchase guns for protection. The sanctuary gun resolution is to protect homesteaders and those who believe in emergency preparedness from losing their second amendment rights.

It’s easy to understand how county officials feel the need to place the state on notice about restricting gun rights. These new Illinois laws could restrict someone who has a criminal record or history of violence, even if it was years and years ago, from owning a gun. They could have turned over a new leaf entirely and now want a gun simply for home protection or hunting, but the new laws would make that very difficult. It isn’t right to place a blanket ban on people because of some offense without looking at the circumstances surrounding the charge.

The article goes on to allude to the fact that these gun sanctuary city laws might not hold up to state law.  IT DOESN’T MATTER.  City leaders are perfectly justified in defying state law to allow their citizens to protect themselves.  The main duty of magistrates is to protect their citizens.  The state of Illinois sees its main duty as thievery and oppression…

For more about the doctrine of magistrates, you can read Theodore Beza’s De jure magistratuum
(On the Rights of Magistrates) at Constitution.org.

There is also a book by Matthew Trewhella titled The Doctrine of Lesser Magistrates. You can read a review of it here at The New American. The review covers the basics of the doctrine in more detail than Sharper’s brief summary, but in a more digestible format that Beza’s longer piece.

Mises: Brief History of Repressive Regimes and Their Gun Laws

From the Mises Institute comes the article A Brief History of Repressive Regimes and Their Gun Laws

Arguably one of the rights that has seen less government encroachment in the US — in contrast to other activities such as commerce — gun rights are now witnessing unprecedented attacks at the state level and even from politically-connected corporate entities.

Although gun control laws are not created equally in terms of overall impact, gun confiscation holds a special place in the halls of political repression. A trip down memory lane will give us a refresher of how gun confiscation has helped consolidate government power.

The Soviet Union and Its Satellite States

The Soviet Union left its mark as one of the deadliest political regimes in the history of mankind. However, it could not get away with such atrocities without having a complete monopoly on the use of force…

Although the numbers are highly disputed, Robert Conquest contends in his book The Great Terror that at least 15 million people perished under Soviet rule.

Nazi Germany

These days the word Nazi is tossed around liberally, almost rendering its definition meaningless. Regardless, the history of Nazi Germany should never be forgotten. Interestingly, both sides of the gun debate make mistakes when discussing gun control policy in Nazi Germany…

…Gun control may not have a path dependency toward tyranny. However, gun confiscation is an egregious form of gun control that allows authoritarians to steamroll their subjects at will. The way gun confiscation enhances the consolidation of state power is undeniable. A disarmed populace is simply no match for a repressive apparatus that has a monopoly on the use of force.

Gun rights might not guarantee victory against tyrants, but being deprived of them all but guarantees submission.

Click here to ready the entire article at Mises.org.

Judge’s Unconstitutional Effort to Block Blueprints for 3D-Printed Guns

In news directly related to the recent announcement of a federal settlement with Defense Distributed, a Seattle federal judge has issued a restraining order to prevent Defense Distributed from posting the blueprint files.  From National Review:

If there’s a hall of fame for futile, symbolic, and ultimately unconstitutional federal court orders, the temporary restraining order just issued in Seattle blocking Defense Distributed and the Second Amendment Foundation from posting blueprints for 3D-printed guns deserves at least a plaque, if not a full display. The court’s order temporarily overturns a Trump administration legal settlement that reversed an Obama-era policy designed mainly to limit the spread of the relevant files abroad, not here at home. I love NPR’s sardonic Twitter response:

NPR gets it. Let’s be clear about what has just happened. A federal court has issued a prior restraint on speech (it’s attempting to block the spread of information; it is not blocking the lawful home manufacture of firearms) that is already thoroughly and completely moot. The files are out. They’re all over the internet. They’ve been copied and reproduced. The judge’s order can’t change that fact.

Moreover, Defense Distributed and the Second Amendment Foundation are hardly the only sources for online files or blueprints that enable a home manufacturer with a 3D printer to make a gun. I’m honestly unclear what the court is trying to accomplish here, aside from targeting the Trump administration and/or targeting a disfavored private company.

Earlier today I published a lengthy explainer of the factual and legal issues surrounding the 3D-printed gun controversy. I’d urge you to read the whole thing, but the bottom line is easy to understand. First, home manufacture of weapons is clearly lawful, and it has been common practice in the United States since before the founding of the nation. Second, it is thus just as lawful to “print” a gun as it is to assemble one with parts in your garage. Third, the plans to print guns are widely-available on the internet — and have been for some time.

Put another way, a gun that’s lawful to assemble is lawful to print. A gun that’s unlawful to assemble is unlawful to print, and that includes undetectable plastic guns that are either printed or assembled. It’s that simple.There is no new “threat” here. There is no crisis…

The files at issue can still be downloaded from http://codeisfreespeech.com/

Tonight, the organizations and individuals behind CodeIsFreeSpeech.com, a new Web site for the publication and sharing of firearm-related speech, including machine code, have issued the following statement:

Our Constitution’s First Amendment secures the right of all people to engage in truthful speech, including by sharing information contained in books, paintings, and files. Indeed, freedom of speech is a bedrock principle of our United States and a cornerstone of our democratic Republic. Through CodeIsFreeSpeech.com, we intend to encourage people to consider new and different aspects of our nation’s marketplace of ideas – even if some government officials disagree with our views or dislike our content – because information is code, code is free speech, and free speech is freedom.

Should any tyrants wish to chill or infringe the rights of the People, we would welcome the opportunity to defend freedom whenever, wherever, and however necessary. Hand-waving and hyperbole are not compelling government interests and censorship is not proper tailoring under the law.

There is no doubt that Cody Wilson and Defense Distributed have inspired countless Americans to exercise their fundamental, individual rights, including through home gunsmithing. Through CodeIsFreeSpeech.com, we hope to promote the collection and dissemination of truthful, non-misleading speech, new and evolving ideas, and the advancement of the Second Amendment right to keep and bear arms…

9th Circuit Three-Judge Panel Upholds Right to Open Carry Firearms

A three-judge panel of the 9th Circuit U.S. Court of Appeals determined, in Young v. State of Hawaii, that the Second Amendment protects “the right to carry a firearm openly.”

Truth About Guns reports,

The right to carry a firearm for law-abiding citizens barely exists in Hawaii. A so-called may-issue state, the Pacific paradise hasn’t issued a permit to carry this century. As far as the fiftieth state is concerned, Americans only have a right to keep and bear arms in their own homes.

That violation of his Second Amendment rights (see District of Columbia v Heller) was the basis for George Young’s suit against the state. Yesterday, a three-judge panel of the Ninth Circuit Court of Appeals in a two-to-one decision, agreed with Mr. Young.

A federal appeals court ruled on Tuesday that the U.S. Constitution’s Second Amendment protects a right to openly carry a gun in public for self-defense, rejecting a claim by Hawaii officials that the right only applies to guns kept at home. …

Two of the three 9th Circuit judges voted to reverse a decision by the U.S. District Court in Hawaii that state officials did not infringe on the rights of George Young, the plaintiff, in twice denying him a permit to carry a gun outside.

“We do not take lightly the problem of gun violence,” Judge Diarmuid O’Scannlain wrote in Tuesday’s ruling. “But, for better or for worse, the Second Amendment does protect a right to carry a firearm in public for self-defense.”

You can read the full ruling here. The majority opinion wasn’t friendly to concealed carry, but here’s the main takeaway:

The panel acknowledged that while the concealed carry of firearms categorically falls outside Second Amendment protection, see Peruta v. County of San Diego, 824 F.3d 919, 939 (2016) (en banc), it was satisfied that the Second Amendment encompasses a right to carry a firearm openly in public for self-defense. Analyzing the text of the Second Amendment and reviewing the relevant history, including founding-era treatises and nineteenth century case law, the panel stated that it was unpersuaded by the County’s and the State’s argument that the Second Amendment only has force within the home. The panel stated that once identified as an individual right focused on self-defense, the right to bear arms must guarantee some right to self-defense in public. The panel held that because Hawaii law restricted plaintiff in exercising the right to carry a firearm openly, it burdened conduct protected by the Second Amendment.

In determining the appropriate level of scrutiny to apply to section 134-9, the panel first held that the right to carry a firearm openly for self-defense falls within the core of the Second Amendment. The panel stated that restricting open carry to those whose job entails protecting life or property necessarily restricts open carry to a small and insulated subset of law-abiding citizens. The panel reasoned that the typical, law-abiding citizen in the State of Hawaii was entirely foreclosed from exercising the core Second Amendment right to bear arms for self-defense. The panel concluded that Hawaii’s limitation on the open carry of firearms to those “engaged in the protection of life and property” violated the core of the Second Amendment and was void under any level of scrutiny.