Washington I-1639....

[Arlington2018]

I am a healthcare risk manager (patient safety, malpractice and other liability and insurance) and I have been doing this line of work for 35 years here in Washington state. I have worked in a variety of clinical settings, from individual clinics, to hospitals, to multi-state healthcare systems. All of the 'unusual' medical records requests come to me for review. I have never seen a records request come in under these firearms laws. Given the enhanced confidentiality provisions of mental health records under state (RCW 70.02, etc.) and Federal law, I would likely not release any information until and unless the actual patient signs a specific release of information. There may be some exceptions to this for exigent circumstances. The firearms laws on the release of information do not hold me harmless and indemnify me if the patient decides to make an issue of releasing the information. Having said all this, I am aware that in Washington, the healthcare authority and DSHS do maintain a database, and they are primarily interested in involuntary commitments as a firearms disqualifier and they do check the records of state mental health facilities. I have not yet heard of the State trolling through medical records of the town psychiatrist, for example.

 

[cascadian]

It's exercised all the time. How else is the state supposed to deny firearm purchases to mentally ill individuals?



The storage provisions would apply, the "under 21" prohibition would apply, but the firearms training and waiting period would not.



Denials based on mental health illness happen all the time. Your privacy concerns are legitimate, but ultimately there has to be a way to prevent mentally ill people from buying guns.

As I understand it, the mental health denial standard/test currently, is whether a court has judged a person to be mentally deficient. And since such rulings would be part of the court record, reportable to NICS, and available to investigators, there would be no need to go any more deeply into mental health history at the personal medical record level. That there is no cause for LE to just decide to impound medical records for fishing expeditions currently.

Now, there was a level of activity a couple of years ago where LE looked at the list of CPLs and then the list of medical marijuana card holders that were registered with the state. Both are public records, accessible by law enforcement. No cause needed.

In Snohomish County, the line got a bit blurred with SCSO who would each month, look through the purchasers of over the counter pseudoephedrine products due to state law requiring ID. Still, the line into personal medical privacy with doctor/patient confidentiality was not crossed. Never have been comfortable with that line.

It is a VERY serious offense for LE to arbitrarily look through the ACCESS database just because they want to. And, you are able to request a report on anyone accessing your information through ACCESS. I would have a hard time believing that we are entering an age where LEO badge number 712 would be able to just call up a psych and have a nice talk about a patient. Waiver or not...

Currently, a purchase denied for mental illness is way short of accessing personal medical records.

Anyway..... Again, I didn't go to lawyer school or anything...

But have been around a bit...

We haven't reached a point where a denial for a purchase is a result of seizing personal medical records, so that is currently untested.

 

[BlakeStone]

All the questions on rifles etc is a moot point after 1639 since the Assault Weapons Ban will be next and practically all rifles are now Assault Weapons.

 

[bikemutt]

Here's what Renton PD CPL application says they'll check before issuing a CPL. I don't know how many of these pertain to mental health or not, and I assume they check the list every time they receive a handgun transfer.

NICS
WASIS/NCIC III
WASIS/NCIC
Warrant File
DOL Firearms File
DSHS
Local Check

 

[WALawyer]

^DSHS is the mental health portion of the background check.

 

[bikemutt]

The other thing my FFL dealer pointed out with respect to CPLs going away as a local check bypass is the duplicative nature of the present system. When the FFL calls NICS and gets a proceed on a handgun, he/she send the pistol transfer form to the local PD authority, city or county. That authority then runs another NICS check per above. The feds want the state to decide; check NICS up front, or on the back end, but not both.

Sorry if this is already well understood and I'm just late to the party.

 

[ACO]

All the questions on rifles etc is a moot point after 1639 since the Assault Weapons Ban will be next and practically all rifles are now Assault Weapons.

Which is why I add all mine to my trust, and may have to add a relative in OR so they will have a safe place to hide until we overthrow this madness.

 

[SmokeEater]

One time I served on a board considering modifications to the Fire and Building codes. One of the board members proposed a retroactive ban on double deadbolts in residences (deadbolt locks which require a key both inside and outside). They are a bad idea, because you could be trapped in a burning house without a key.
The proposed ordinance change was immediately tossed because fire inspectors could not possibly enforce it. If a person lost their life due to non-enforcement, the entity (state, county, city) which failed to enforce it would likely be held liable for the tort in court.
It seems I-1639 puts the Authority Having Jurisdiction (AHJ) in the same position.

 

[safrole]

So let me get this straight you have to have a concealed carry license to buy a gun in Washington?

 

[bikemutt]

So let me get this straight you have to have a concealed carry license to buy a gun in Washington?

No. A WA CPL (concealed pistol licence) means the licensee may take immediate possession of a handgun once NICS issues a proceed.

Starting on or around July 1, 1019 that will no longer be the case. The 10-day waiting period will apply to handguns and assault rifles.

For non-assault long guns a NICS check proceed means the buyer may take immediate possession, for now.

 

[safrole]

So if I were a Washington resident and I went to buy a pistol and I don't have a concealed carry license i would have to wait to pick up the gun but I would be able to get it after a waiting period? As of right now without any law changes ?

 

[Ops]

Ever since 1994 washington has done a mental health check if requested. The pistol transfer form you sign states that they may conduct a mental health check if requested. With 594 it was no longer under request but a requirement.

With a rifle now it will just be the same. A dshs check. And july 1 the state will do the background check so multiples do not get submitted to nics.

And every year if you have a cpl and dont buy guns they will do a background check.

Dont get involuntary committed or give up your rights and you have nothing to worry about

 

[bikemutt]

So if I were a Washington resident and I went to buy a pistol and I don't have a concealed carry license i would have to wait to pick up the gun but I would be able to get it after a waiting period? As of right now without any law changes ?

Yes. As long as the BG checks all came back positive.

 

[Lexingtonuninc]

I'm curious, are men willing to cut off their penis, to stop the crime of rape?
How soon before, " a red flag rape law", gets your favorite pair of buddies shot off at your own front door, and worst of all, you live?
I'm keeping my jewels and weapons intact : )

 

[SUPER X]

So I have been blessed with the opportunity and timing of buying a house in Longview just days before this passed. Extremely pissed about the timing. Anyways. I was wondering what it would take to start a 2nd amendment preservation petition like Columbia county in Oregon did as well as multiple counties in Oregon. I want to get something like that started so that way I can keep my guns and not have to worry about being a criminal for crossing over the river.. Where do I start?

Does 1639 effect a UTAH CHL reciprocity use in Washington?

 

[goatpower]

Does 1639 effect a UTAH CHL reciprocity use in Washington?

There is no text in I-1639 regarding extra-state CPL reciprocity. It does however mandate a 10-day waiting period for purchase of any semi-automatic firearms regardless of CPL status.

 

[safrole]

To me it seems this says they won't give u a pistol without a concealed carry permit i don't know maybe I'm missing something

 

[RVTECH]

no person may sell or transfer a semiautomatic assault rifle to a person under twenty-one years of age.

Just wondering what is the specific definition of a semi automatic assault rifle under I-1639?

 

[SUPER X]

Is there magazine capacity restrictions in 1639 .? It was so jammed full of Ignorant garbage I lost track .

 

[gomi_otaku]

View attachment 517678

To me it seems this says they won't give u a pistol without a concealed carry permit i don't know maybe I'm missing something

So, they WANT all pistol owners to be concealed carrying?