Bad One: WA Ballot Initiative re Semiautos

[awshoot]

Ballot measure launched to raise age to buy semi-automatic weapons

This isn't just an initiative to raise the age to 21 -- this proposes registration and continuous monitoring!

Besides raising the minimum age to buy semi-automatic weapons, the proposed ballot measure would:

▪ Require local law enforcement background checks for purchases of semi-automatic weapons. Those background checks are currently required when buying a handgun.

▪ Hold gun owners legally responsible if a child uses a gun that was stored unsafely.

▪ Provide a warning to people when they buy a gun of dangers involved with owning a firearm.

▪ Require a waiting period of up to 10 days for the purchase of an "assault weapon."

▪ Create a process for the state to continually check that gun owners are eligible to keep their weapon.

I can't easily find a link to the proposed text.

Read More

 

[Mark W.]

This as will Oregons ballot measure would so overwelm the state it will end up like Canadas failed registration mess.

 

[Slobray]

Ballot measure launched to raise age to buy semi-automatic weapons

This isn't just an initiative to raise the age to 21 -- this proposes registration and continuous monitoring!



I can't easily find a link to the proposed text.

Don't forget adding rifles to the pistol registration, then adding $25 fee to each gun sale to fund said registration,

(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 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.

turning all semi-automatic rifles into "Semiautomatic assault rifles",

(30) "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.

"Semiautomatic assault rifle" does not include antique firearms, any firearm that has been made permanently inoperable, or any firearm that is manually operated by bolt, pump, lever, or slide action.

and mandatory training to purchase any semi-auto......

2) In addition to the other requirements of this chapter, no dealer may deliver a semiautomatic assault rifle to the purchaser thereof until:

(a) The purchaser provides proof that he or she has completed a recognized firearm safety training program within the last five years that, at a minimum, includes instruction on:

(i) Basic firearms safety rules;

(ii) Firearms and children, including secure gun storage and talking to children about gun safety;

(iii) Firearms and suicide prevention;

(iv) Secure gun storage to prevent unauthorized access and use;

(v) Safe handling of firearms; and

(vi) State and federal firearms laws, including prohibited firearms transfers.

The training must be sponsored by a federal, state, county, or municipal law enforcement agency, a college, a nationally recognized organization that customarily offers firearms training, or a firearms training school with instructors certified by a nationally recognized organization that customarily offers firearms training. The proof of training shall be in the form of a certification that states under the penalty of perjury the training included the minimum requirements; and

It hasn't been given a number yet, but you can read all the BS here............ Initiatives & Referendums - Elections & Voting - WA Secretary of State


Ray

 

[Geardo]

Been buying like crazy since I moved here to get ahead of this crap.

 

[SUPER X]

This as will Oregons ballot measure would so overwelm the state it will end up like Canadas failed registration mess.

The gun control in Canada is working perectly a guy had to use a van to kill 9 people and injured 16 today

 

[kott0n]

Sure makes 80% lowers that much more attractive.

 

[Nick Burkhardt]

Buy your AR rifles in Idaho.

 

[Joe13]

Buy your AR rifles in Idaho.

Road trip!

 

[awshoot]

Initiatives & Referendums - Elections & Voting - WA Secretary of State

Thanks for that -- I had been checking that site each day but it appears they changed the ordering placing new ones at the top instead of the bottom.

Anyway, this is some serious bullbubblegum.

 

[awshoot]

Some immediate thoughts:

(1) The state, local governmental entities, any public or private agency, and the employees of any state or local governmental entity or public or private agency, acting in good faith, are immune from liability:
...
(b) For preventing the sale or transfer of a firearm to a person who may lawfully receive or possess a firearm;
...
(d) For failing to issue a concealed pistol license or alien firearm license to a person eligible for such a license;
...
(f) For errors in preparing or transmitting information as part of determining a person's eligibility to receive or possess a firearm, or eligibility for a concealed pistol license or alien firearm license;

So essentially, one can be denied a civl right based on errors in a database and the government is immune from suit for denying that right. Talk about a system just begging to be abused. In a later section it say you can go get a court order requiring the government complete the transaction, but there are no damages and it probably wouldn't cost less than $1000 to get that done. Imagine having to pay $1000 every time you wanted to post something on the internet or exercise any other civil right.

 

[awshoot]

(1) Within twelve months of the effective date of this act, the department of licensing shall, in conjunction with the Washington State Patrol and other state and local law enforcement agencies as necessary, develop a cost-effective and efficient process to: (a) verify, on an annual or more frequent basis, that persons who acquired pistols or semiautomatic assault rifles pursuant to this chapter remain eligible to possess a firearm under state and federal law;

That should take away any question regarding whether WA has registry or not -- if there is no registry they cannot check who bought such items. I should really look at the issue regarding whether WA's transfer of record keeping duties from the DOL to the Chief of Police during the time period of 1983 to 1994, means the current registry violates FOPA's prohibition on registries.

One issue that jumps out, WA's registry has only applied to pistols since it was enacted in 1935 -- rifles are not pistols and a new registry for rifles may thus be forbidden.

 

[eklarsen]

Washington doesn't have a registry from what I understand and they are not one of the states that did prior to FOPA so any registry is illegal.

 

[awshoot]

Washington doesn't have a registry from what I understand and they are not one of the states that did prior to FOPA so any registry is illegal.

Maybe. FOPA was passed in 1986 and it made NEW registration systems illegal -- old ones are grandfathered in. In 1985, WA had the following system (see page 6-7 here: http://leg.wa.gov/CodeReviser/documents/sessionlaw/1985c428.pdf?cite=1985 c 428 § 4; ) which reads:




Then there is RCW 9.41.129: RCW 9.41.129: Recordkeeping requirements.

The department of licensing may keep copies or records of applications for concealed pistol licenses provided for in RCW 9.41.070, copies or records of applications for alien firearm licenses, copies or records of applications to purchase pistols provided for in RCW 9.41.090, and copies or records of pistol transfers provided for in RCW 9.41.110. The copies and records shall not be disclosed except as provided in RCW 42.56.240(4).

The data collected includes your name, address, age, race, and all information about the gun. You can call this something other than a registry, but it sure feels exactly like a registration scheme.

Anyway, in 1994, the record keeping was shifted from the Chief of Police/Sheriff to the DOL. Is that enough to invalidate the system? I'm skeptical. However, what I do see as a decent argument, is that WA has never, not since 1935, had a RIFLE registration system. It may be that FOPA would prevent the expansion into an area never before subject to registration (or whatever the detailed record keeping system of who bought what is called).

 

[awshoot]

Also see this article from 2013: Washington's firearm database lags behind sales

The Washington firearms database is missing information from thousands of handgun sales as the state struggles to keep up with the speed of purchases.

The Department of Licensing began November with a backlog of 106,000 pistol transfers to enter into the database, which is used by city, county and state authorities to find owners of handguns that turn up during investigations, the Daily Herald reported Sunday.

Last week, employees in the state agency were handling purchases made in March.

The department is asking the governor and lawmakers for $409,000 in next year's supplemental budget to hire several part-timers to clear the paperwork.

So anyway -- registry, database -- what's the diff? Except we have NEVER had a rifle "database".

 

[Slobray]

Thanks for that -- I had been checking that site each day but it appears they changed the ordering placing new ones at the top instead of the bottom.

Anyway, this is some serious bullbubblegum.

You can sort it, that's what I did. Just click on the column title and it sorts it for you.


Ray

 

[Caveman Jim]

It sure is some serious bubblegum and if we wait for the big Pro 2A orgs to stop this then we have already lost the battle. They will fight it in the crookedly lopsided Left coast courts and loose.
We all need to do our diligence and reach out to anyone who will listen to get them registered to vote and have them vote NO on this garbage legislation.
Oh, and you can best believe that the big money donors, like those that came out to support i-594.

 

[awshoot]

It sure is some serious bubblegum and if we wait for the big Pro 2A orgs to stop this then we have already lost the battle. They will fight it in the crookedly lopsided Left coast courts and loose.
We all need to do our diligence and reach out to anyone who will listen to get them registered to vote and have them vote NO on this garbage legislation.
Oh, and you can best believe that the big money donors, like those that came out to support i-594.

The same group as I594 is behind this, so yeah, well funded.

 

[Caveman Jim]

The same group as I594 is behind this, so yeah, well funded.

Yep, they'll come out as soon as the media shows up.

 

[eklarsen]

Maybe. FOPA was passed in 1986 and it made NEW registration systems illegal -- old ones are grandfathered in. In 1985, WA had the following system (see page 6-7 here: http://leg.wa.gov/CodeReviser/documents/sessionlaw/1985c428.pdf?cite=1985 c 428 § 4; ) which reads:

View attachment 453373


Then there is RCW 9.41.129: RCW 9.41.129: Recordkeeping requirements.


The data collected includes your name, address, age, race, and all information about the gun. You can call this something other than a registry, but it sure feels exactly like a registration scheme.

Anyway, in 1994, the record keeping was shifted from the Chief of Police/Sheriff to the DOL. Is that enough to invalidate the system? I'm skeptical. However, what I do see as a decent argument, is that WA has never, not since 1935, had a RIFLE registration system. It may be that FOPA would prevent the expansion into an area never before subject to registration (or whatever the detailed record keeping system of who bought what is called).

That is for the concealed carry license, that is different.

 

[EPS]

Sure makes 80% lowers that much more attractive.

Just ordered another