1639 and more - June 17th update

[WALawyer]

There are way more judges in the WDWA than just three: Judges | Western District of Washington | United States District Court

Three are full time judges, six full time magistrates, and thirteen are on part-time status. Things can get really backed up, though. I had a case with Judge Richard Jones recently that took absolutely forever for any ruling. It was brutal.

The only mention of Cantwell and Murray blocking appointments I could find is from February when they tried to block one appointment to the Ninth Circuit. Nothing regarding the WDWA.

I am confused by your post some because you mention state court challenges and federal court at the same time. Is your challenge pending in state or federal court?

 

[Talos32]

There are way more judges in the WDWA than just three: Judges | Western District of Washington | United States District Court

Three are full time judges, six are full time magistrates, and thirteen are on part-time status. Things can get really backed up, though. I had a case with Judge Richard Jones recently that took absolutely forever for any ruling. It was brutal.

The only mention of Cantwell and Murray blocking appointments I could find is from February when they tried to block one appointment to the Ninth Circuit. Nothing regarding the WDWA.

I am confused by your post some because you mention state court challenges and federal court at the same time. Is your challenge pending in state or federal court?

I believe that this particular lawsuit is in Federal court, which is why surviving the motion to dismiss for standing was a big deal. That's what ended the i-594 lawsuit a few years ago, and they never re-attacked on it.

If I'm reading the posts correctly, Sporting Systems said there are no state lawsuits pending. Which is a shame to me. We all want a big win where i-1639 is ruled an unconstitutional infringement, but I think it's far more realistic to get it struck down on technical grounds for violating a number of the rules for initiatives.

Remember, they already "won" that case before the election. While the state supreme court reversed, they did so on their interpretation that there was no way to challenge an initiative on those grounds until it was passed. They did not rule on the merits of the case, and the Thurston County court that did took our side. To me, reactivating that lawsuit was the cheapest and most likely to succeed way of attacking i-1639: as it was now law, the sole reason the state supreme court had for ruling against us was gone.

I wish Sporting Systems and SAF success in their endeavor, but I would love to know why the previous state suit was abandoned.

 

[American123]

Another way to help is Amazonsmile. My entire family uses my amazon prime account. I informed them all that for future orders they are only to use amazonsmile, all the donations go to The 2nd Amendment Foundation. Donating your own money is fine too, but there is a sweet satisfaction in making an anti-freedom company donate for you.

 

[Griff411]

Am I correct in my understanding that the FBI has extended the NICS check deadline for "other" firearms until 2020? This was forwarded to me:

From FBI NICS:
"In the interest of public safety, the NICS Section will continue to process the NICS checks for "other" transfers occurring at Washington FFLs, and the Washington FFLs will continue to access the NICS E-Check or contact the NICS NCCC to initiate the NICS check. The delay of the "other" NICS check transition is postponed until July 1, 2020, to allow for possible changes in state statute to remove the concerns and shortcomings listed above."

 

[WALawyer]

^^That's interesting. So handguns and completed semi-auto ARs = local; everything else = FBI?

 

[Mrnorke]

Am I correct in my understanding that the FBI has extended the NICS check deadline for "other" firearms until 2020? This was forwarded to me:

From FBI NICS:
"In the interest of public safety, the NICS Section will continue to process the NICS checks for "other" transfers occurring at Washington FFLs, and the Washington FFLs will continue to access the NICS E-Check or contact the NICS NCCC to initiate the NICS check. The delay of the "other" NICS check transition is postponed until July 1, 2020, to allow for possible changes in state statute to remove the concerns and shortcomings listed above."

Yes you are correct.
Lowers OK to sell in WA after July 1 - FBI extension coming

 

[Diamondback]

Interesting... I know some dealers have said they won't ship to WA anymore, like Atlantic Firearms with the GSG MP40.

Are AR pistols or DIY builds still a viable end-run?

 

[Talos32]

So, are all guns going to have the DoL's $18 fee added, or just pistols and semiauto rifles? When does it go into effect?

 

[Slobray]

So, are all guns going to have the DoL's $18 fee added, or just pistols and semiauto rifles? When does it go into effect?

Section 3(7)(a) To help offset the administrative costs of implementing this section as it relates to new requirements for semiautomatic assault rifles, the department of licensing may require the dealer to charge each semiautomatic assault rifle purchaser or transferee a fee not to exceed twenty-five dollars, except that the fee may be adjusted at the beginning of each biennium to levels not to exceed the percentage increase in the consumer price index for all urban consumers, CPI-W, or a successor index, for the previous biennium as calculated by the United States department of labor.

It should only be for "semiautomatic assault rifles", but I wouldn't put it past the embedded anti's to try to make this apply to all guns. It's supposed to start on 1 Jul 2019.



Ray

 

[11Charlie]

Cleaned a few posts remember rule 1 gentlemen. Be excellent to each other!

Cheers

 

[Boss]

Liberty Doll's takes note...worth a watch...

Boss

 

[arakboss]

Am I correct in my understanding that the FBI has extended the NICS check deadline for "other" firearms until 2020? This was forwarded to me:

From FBI NICS:
"In the interest of public safety, the NICS Section will continue to process the NICS checks for "other" transfers occurring at Washington FFLs, and the Washington FFLs will continue to access the NICS E-Check or contact the NICS NCCC to initiate the NICS check. The delay of the "other" NICS check transition is postponed until July 1, 2020, to allow for possible changes in state statute to remove the concerns and shortcomings listed above."

July 1st, 2020 is getting closer and from what I can tell once that date hits there won't be any path to transfer frames or lower receivers as such. If you plan on acquiring a frame or lower receiver, I would get it sooner rather then later. It's unclear to me whether the failure by the State to address this issue is due to a lack of awareness or if it's intentional but the July 1st, 2020 deadline is going to come up fast.

 

[Alexx1401]

July 1st, 2020 is getting closer and from what I can tell once that date hits there won't be any path to transfer frames or lower receivers as such. If you plan on acquiring a frame or lower receiver, I would get it sooner rather then later. It's unclear to me whether the failure by the State to address this issue is due to a lack of awareness or if it's intentional but the July 1st, 2020 deadline is going to come up fast.

Maybe if they just do nothing some more gun owners will finally take an interest in this. I keep hoping something will wake more of them up. That stuff in Virginia seems to be maybe waking some up. Maybe it will have to get that bad here to become a game changer.

 

[Sporting Systems]

SB2555 seeks to makes "others" the same as rifles and pistols. Hearing on Wednesday, meeting with Sen Hoffman tomorrow. If the SB doesn't pass, the NICS extension will need to be negotiated between WSP and FBI again. Might have a few tricks up our sleeves too.

 

[awshoot]

...
Remember, they already "won" that case before the election. While the state supreme court reversed, they did so on their interpretation that there was no way to challenge an initiative on those grounds until it was passed. They did not rule on the merits of the case, and the Thurston County court that did took our side. To me, reactivating that lawsuit was the cheapest and most likely to succeed way of attacking i-1639: as it was now law, the sole reason the state supreme court had for ruling against us was gone.
...

This. Is there a statue of limitations on initiative challenges? Seriously, if the whole entire thing was declared off due to procedural violations, that would be an enormous win and would give some other cases time work through the system (I'm thinking of Duncan, the CA mag ban case and a new one filed in San Diego challenging CA's AW ban itself as "for examples"). If we could get it off the books, it would give breathing space.

 

[arakboss]

SB2555 seeks to makes "others" the same as rifles and pistols. Hearing on Wednesday, meeting with Sen Hoffman tomorrow. If the SB doesn't pass, the NICS extension will need to be negotiated between WSP and FBI again. Might have a few tricks up our sleeves too.

Do you have a link to this bill?

 

[arakboss]

SB2555 seeks to makes "others" the same as rifles and pistols. Hearing on Wednesday, meeting with Sen Hoffman tomorrow. If the SB doesn't pass, the NICS extension will need to be negotiated between WSP and FBI again. Might have a few tricks up our sleeves too.

After July 1st, what will happen with frame/receiver transfers if SB2555 isn't passed and the feds refuse to provide another extension? Will this FED waiting period come in to play since Washington Law doesn't currently consider frames and receivers firearms? A NICS Delay | Federal Bureau of Investigation