Washington I-1639 / More info

[Thrifty]

Yes the release HAS bveenthere for a ONE time look see to see if you have EVIDENCE of any worrisome issues. What was NOT there before was waiver of your privacy rights in PERPETUITY and for no defined reason or hint of due process.

So you have a link to the text in 1639 that states it's different than the one that has always been there?

 

[Thrifty]

So you have a link to the text in 1639 that states it's different than the one that has always been there?

Found it...

RCW 9.41.139: Department of licensing—Eligibility to possess firearms. (<i>Effective July 1, 2019.</i>)

 

[micdude]

Found it...

RCW 9.41.139: Department of licensing—Eligibility to possess firearms. (<i>Effective July 1, 2019.</i>)

Is that for anyone who's ever bought a pistol or semi auto firearm or just going forward from today. I am done if that's the case unfortunately and that's what they want. That is a big red flag, that Committee can make up any guidelines they want. Oh so Chris saw a therapist, he losses his rights or John got a dui he losses his rights. They can do anything they want.

 

[toywin12]

Yes the release HAS bveenthere for a ONE time look see to see if you have EVIDENCE of any worrisome issues. What was NOT there before was waiver of your privacy rights in PERPETUITY and for no defined reason or hint of due process.

Original language:
"A signed application to purchase a pistol shall constitute a waiver of confidentiality and written request that the health care authority, mental health institutions, and other health care facilities release, to an inquiring court or law enforcement agency, information relevant to the applicant's eligibility to purchase a pistol to an inquiring court or law enforcement agency."

New language:
"A signed application to purchase a pistol or semiautomatic assault rifle shall constitute a waiver of confidentiality and written request that the health care authority, mental health institutions, and other health care facilities release, to an inquiring court or law enforcement agency, information relevant to the applicant's eligibility to purchase a pistol or semiautomatic assault rifle to an inquiring court or law enforcement agency."

I'm not seeing where the new language adds 'in perpetuity'. I also do not see where the original language specifically states 'a one time check'. Both versions state "information relevant to the applicant's eligibility to purchase". So I guess the real question is whether or not the original language was vague enough that the state could argue that "a signed application to purchase", which "constitute a waiver of confidentiality" can serve as a "written request" in perpetuity.

All of section 9.41 needs to go up in flames ...along with a few other choice pieces of legislature.
ETA: not sure why it struck out the last bit.

 

[Boss]

^^See the above link 9.41.139 section A.

Previously "...eligibility to purchase.."

Not eligibility to own... forever...

If they were planning to do annual or more frequent checks forever, they should have clearly informed buyers in at the point of signature...

If it were the same, there would be no need for the new language.

My $.02 worth...

Boss

 

[toywin12]

Found it...

RCW 9.41.139: Department of licensing—Eligibility to possess firearms. (<i>Effective July 1, 2019.</i>)

I see. They didn't slip it into .094. They created a standalone. Bastids...

 

[User 1234]

9.41.139 sure looks like it applies to pre-July 1 purchases of pistols and semi auto rifles.

 

[Ops]

c 4 doesn't say you waive your hippa forever just states they are going to use it to check your eligibility for purchase.

"
Do you understand by signing this application you are waiving confidentiality and requesting

the Department of Social and Health Services, mental health institutions, and other health care

facilities, to release information relevant to your eligibility to purchase a pistol and/or semiautomatic

assault rifle to a court or law enforcement agency? "

paranoid group as usual

 

[Boss]

9.41.139 sure looks like it applies to pre-July 1 purchases of pistols and semi auto rifles.

At least you argue you didn't provide advised consent, but if it gets that far, you're probably SOL...

1639 needs to get booted in court...hard.

Boss

 

[Boss]

paranoid group as usual

(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;

Yep, totally paranoid...

Boss

 

[Talos32]

If you have a CPL, don't they currently perform periodic background check to see if you're still eligible?

 

[Talos32]

(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;

Yep, totally paranoid...

Boss

Sounds like that answers the question of whether or not it's just purchases Jul 1 and forward or going back as well.

"Pursuant to this chapter" would only mean purchases made under those rules, so people who don't buy another pistol or semi rifle should not be getting annual background checks.

 

[User 1234]

"Pursuant to this chapter" does not mean merely 1639, but the entire Chapter 9.41 for "Firearms and Dangerous Weapons."

 

[Talos32]

"Pursuant to this chapter" does not mean merely 1639, but the entire Chapter 9.41 for "Firearms and Dangerous Weapons."

Certainly, but purchases prior to Jul 1 were not made pursuant to the text of the chapter as it reads now. You can't have purchased a "semiautomic assault rifle" in 2015 when the term was invented in 2018.

 

[User 1234]

The definitions of "pistol" and "semi automatic assault rifle" are not limited by date of purchase, neither is the 9.41.139 mandate for continuing eligibility checks for persons who purchased a pistol or semi auto rifle pursuant to any provision of 9.41. A court might interpret this as I-594 and later.

 

[micdude]

The definitions of "pistol" and "semi automatic assault rifle" are not limited by date of purchase, neither is the 9.41.139 mandate for continuing eligibility checks for persons who purchased a pistol or semi auto rifle pursuant to any provision of 9.41. A court might interpret this as I-594 and later.

They can't tell if you have purchased a semi auto rifle or "assault weapon" in Washington state because we've been doing 4474 forms and nics check. Moving forward though that's changing. They do have all the info on handguns you have purchase via state pistol form. Unless you have purchased All your handguns secondhand before whatever when in effect.

 

[User 1234]

They can't tell if you have purchased a semi auto rifle or "assault weapon" in Washington state because we've been doing 4474 forms and nics check. Moving forward though that's changing. They do have all the info on handguns you have purchase via state pistol form. Unless you have purchased All your handguns secondhand before whatever when in effect.

That's a good point, if someone didn't purchase any pistols here after 594.

 

[JO JO]

I was told by the gun counter at sportsman's today that the waiver of confidentiality was added in 2015 and
if you bought any pistol / handgun since 2015 you have already signed this waiver it just now includes semi auto rifles and I bet the part (a) of this will or is retrofitted back to 2015 as that is when we started signing the
waiver, plus no more show a CPL and carry out you new handgun / semi auto rifle as before now we all
wait for approval and I bet this will be backed logged and we will wait a few weeks
I really hope this gets overturned
(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;

 

[Ops]

the paranoid people still paranoid. the backround check isn't going to change from what it was before though going full stupid might be a good reason you shouldn't own guns

 

[micdude]

the paranoid people still paranoid. the backround check isn't going to change from what it was before though going full stupid might be a good reason you shouldn't own guns

You're the reason so many laws get passed because you don't think it affects anything.

Thanks Mr Fudd

Meanwhile they're chipping away at your rights...