Washington Alert - HB 1240 & HB 1143 on House Floor

[MichaelH]

You're right. Bruen doesn't prohibit firearm regulation. The 2A does. Bruen simply states that any proposed firearm regulation must be consistent with the 2A and backed by historical precedent... not "feelngs".

You are free to disagree that the 2A should be a right of the people, but there is no ambiguity in it's interpretation. It's doesn't say, "may sometimes be infringed". Just like the 1A doesn't say "free speech... as long as the majority of people like what you have to say."

A mag ban/capacity ban... quite surely is a ban and not just a round count restriction. It bans the legal sale, aquisition and free ownership of existing standard capacity mags... which are protected under the 2A and which has been repeatedly backed up by the well established common use rule.

You can buy into their arugment that it's not a "ban", but that's just BS. The title of those types of legislation should make that pretty obvious since they all contain the word BAN plainly in the titles.

Anything that has a chilling affect on an inalienable right is an infringment. Pure and simple.

Trying to interpret it differently than how it is written is simply a game play to get what they want regardless of what the law says. Pure and simple.

I'm only thinking about what courts have said in the past about firearms regulation and how that might impact the success of seeking an injunction in one scenario vs another. The Supremes declared that the Constitution has given them the authority to say what the law is, so even if you think the Second Amendment means one thing, if the Supremes say otherwise then what THEY say is the law.

My guessing is based on my understanding of laws they've upheld or struck down, in addition to dicta in their opinions that might suggest where they intend to go in the future. Magazine capacity limits are legal in at least 12 other states so the constitutionality of that is clearly up in the air, meaning it's not any more likely than not that WA Plaintiffs challenging that law have a heightened chance of success to support granting an injunction. In that case the "harm" to the plaintiff is less acute because WA firearms owners can still use their magazines and new purchasers can still use firearms with 10rd magazines. Banning practically all centerfire semiautomatic rifles seems like going a bit too far in comparison. Obv.just one non expert opinion.

 

[Yarome]

I'm only thinking about what courts have said in the past about firearms regulation and how that might impact the success of seeking an injunction in one scenario vs another. The Supremes declared that the Constitution has given them the authority to say what the law is, so even if you think the Second Amendment means one thing, if the Supremes say otherwise then what THEY say is the law.

My guessing is based on my understanding of laws they've upheld or struck down, in addition to dicta in their opinions that might suggest where they intend to go in the future. Magazine capacity limits are legal in at least 12 other states so the constitutionality of that is clearly up in the air, meaning it's not any more likely than not that WA Plaintiffs challenging that law have a heightened chance of success to support granting an injunction. In that case the "harm" to the plaintiff is less acute because WA firearms owners can still use their magazines and new purchasers can still use firearms with 10rd magazines. Banning practically all centerfire semiautomatic rifles seems like going a bit too far in comparison. Obv.just one non expert opinion.

To be clear on a very salient point... having a law on the books does not in any way make it constitutionally allowable.... or negate the scrutiny standard. The fact that 12 other states have mag bans simply means that they were enstated prior to Bruen under 2 step analysis, which we knew before was a step too far, and which Bruen simply reaffirmed in much stronger terms... or have yet to be challenged. We all know too that it can take only days or weeks to enact an unconstitutional law but can take months or years to have it enjoined and/or tossed out.

Assigning an illegal law merit based on other illegal laws is a in and of itself a flawed premise.

As far as "harm" is concerned... the woke will have you believe that there is none as long as they don't take away your mags and are allowed at least 1 bullet in them. Anyone familiar with standing law, however, knows that any right infringed (even a chilling affect on a right), even for a moment, is and of itself legally constitues irreperable harm. That has been well established and upheld.

Opinions can often be formed by the prevailing information flooding the airwaves/media and the attitudes of those in power over us, then passing through our own personal bias filters. That does not in any way make them "valid' when balanced against what established law is.

That's is precisely the problem these days. Too many people think their "feelings" should decide law, other peoples rights be damned. If you don't like the law, just pretend it doesn't mean what it says.

Everyone is certainly welcome to their opinions. Even when they're wrong.

I think we've gotten a little off track from the thread though, hu(?) My bad, for my part.

 

[ATCclears]

HB 1143 has an amendment to the end of the draft legislation. I assume they will find funding for it before the currently-drafted dated of June 30, 2023.


32 NEW SECTION. Sec. 12. This act takes effect January 1, 2024.

33 NEW SECTION. Sec. 13. If specific funding for the purposes of 34 this act, referencing this act by bill or chapter number, is not p. 17 E2SHB 1143 1 provided by June 30, 2023, in the omnibus appropriations act, this act is null and void.

 

[Jay Walk]

OMG the freaking lies flying out of these criminals mouths. FJB all day every day.

Senate Law & Justice - TVW

Public Hearing: HB 1599: Concerning court files and records exemptions for firearm background checks. SHB 1268: Concerning sentencing enhancements. ESHB 1187:

tvw.org

 

[Jay Walk]

1143 - Permit to purchase PASSED today.
all 73 pages
go ahead, read up.
No chance you are going to purchase a firearm after this is signed by The King.

One of the amendment speakers stated that this takes effect 90 days after signed, I thought that was changed to January 1st?

 

[ATCclears]

I believe the latest version of 1143 says it takes effect on January 1, 2024

Washington State Legislature

app.leg.wa.gov

 

[Jay Walk]

I believe the latest version of 1143 says it takes effect on January 1, 2024

Washington State Legislature

app.leg.wa.gov

So a "Pro Gun" republican hasn't a clue what she is talking about?
Shocking.

I watch a lot of these, and the amount of incompetence is amazing.
We are screwed.

 

[slimmer13]

1143 - Permit to purchase PASSED today.
all 73 pages
go ahead, read up.
No chance you are going to purchase a firearm after this is signed by The King.

One of the amendment speakers stated that this takes effect 90 days after signed, I thought that was changed to January 1st?

The version that passed was cut down to 18 pages. It basically puts all firearms purchases under the current process for semi auto rifles. Permit to purchase was dropped.

 

[ilikegunspdx]

The version that passed was cut down to 18 pages. It basically puts all firearms purchases under the current process for semi auto rifles. Permit to purchase was dropped.

That's great that the permit process is dropped for the moment. However, they are trying to solve a criminal behavior problem by regulating inanimate objects. Violent criminal behavior is expanding dramatically due to laws that protect criminals, lack of prosecution, laws that restrict law enforcement, defunding police, etc. and as it gets worse they will continue to blame guns, not their policies. Therefore the gun restrictions in these socialist leaning states will get worse every year.

Make no mistake this is what they are after and they won't stop trying to get it every year.

 

[slimmer13]

That's great that the permit process is dropped for the moment. However, they are trying to solve a criminal behavior problem by regulating inanimate objects. Violent criminal behavior is expanding dramatically due to laws that protect criminals, lack of prosecution, laws that restrict law enforcement, defunding police, etc. and as it gets worse they will continue to blame guns, not their policies. Therefore the gun restrictions in these socialist leaning states will get worse every year.

Make no mistake this is what they are after and they won't stop trying to get it every year.

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No argument here

 

[Jay Walk]

The version that passed was cut down to 18 pages. It basically puts all firearms purchases under the current process for semi auto rifles. Permit to purchase was dropped.

Thanks for the clarification Slimmer.

I found the bill and copied a couple of things that are interesting.


As passed senate - amended April 7, 2023

An applicant for the purchase of a pistol or semiautomatic assault rifle must complete and sign an application that includes specified information concerning the applicant and information relating to the firearm being purchased.

DOL must retain records of applications to purchase pistols of semiautomatic assault rifles and records of pistol or semiautomatic assault rifle transfers.

A dealer must charge a fee set by DOL for applications for the sale or transfer of semiautomatic assault rifles. Currently the fee is set at $18.

Effective Date: The bill takes effect on January 1, 2025. However, the bill is null and void unless funded in the budget.

 

[User 1234]

Thanks for the clarification Slimmer.

I found the bill and copied a couple of things that are interesting.


As passed senate - amended April 7, 2023

An applicant for the purchase of a pistol or semiautomatic assault rifle must complete and sign an application that includes specified information concerning the applicant and information relating to the firearm being purchased.

DOL must retain records of applications to purchase pistols of semiautomatic assault rifles and records of pistol or semiautomatic assault rifle transfers.

A dealer must charge a fee set by DOL for applications for the sale or transfer of semiautomatic assault rifles. Currently the fee is set at $18.

Effective Date: The bill takes effect on January 1, 2025. However, the bill is null and void unless funded in the budget.

2024, if the Engrossed Second Substitute Bill is the one that passed.

 

[Jay Walk]

 

[Jay Walk]

Activity report shows SHB 1240 is up next

Senate Floor Activity - Regular Calendar

app.leg.wa.gov

Live on TVW.org

 

[Jay Walk]

awb PASSED
27/21

 

[Yarome]

awb PASSED
27/21

I guess Bill was right! Almost exactly when his crystal ball said. Well... within 1hour of his prediction anyway. He guesed right about or just after 6pm.

 

[Jay Walk]

I guess Bill was right! Almost exactly when his crystal ball said. Well... within 1hour of his prediction anyway. He guesed right about or just after 6pm.

Satanic Scum drove up murder numbers.

Satanic Scum want our guns as punishment for their crimes.

 

[bentoncity]

POS legislators.. The submitted cons on 1240 were something like 265% times vs the pros? I 'think I got the number right but correct me if I'm wrong..
That pi$$ a$$ Dhingra never meet an anti 2A/gun bill she didn't like... At least MY senators voted against this bubblegum!

Dan



1143 roll call

 

[Catfishmoon]

I guess Bill was right! Almost exactly when his crystal ball said. Well... within 1hour of his prediction anyway. He guesed right about or just after 6pm.

Got to give credit where credit is due...
He forecast the date and time of day that this legislation would be passed by the state senate, he has a good understanding of this group of politicians.

 

[Nick Burkhardt]

Can a Washington State citizen with the "Semi-auto Certificate" still go in to a store and buy a pistol with 10 round magazines and take possession in 10 business days as of the signing of these bills, or was something else sneaky added?