Washington This Seems Unconstitutional

[2506]

Is it just me, or does the Commerce Clause not
come into effect here?

"While Washingtonians can still travel out of state and return with the magazines they currently possess, the law prohibits gun owners from purchasing high-capacity magazines in other states and returning to Washington with them."

Also, who's going to know if I head over to Idaho and buy some things?

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[Member 53328]

No one will know….

 

[Andy54Hawken]

While originally not for the same issue...
The older military policy of :
"Don't ask , don't tell"....
Seems to fit here as well.
Andy

 

[Xaevian]

Is it just me, or does the Commerce Clause not
come into effect here?

"While Washingtonians can still travel out of state and return with the magazines they currently possess, the law prohibits gun owners from purchasing high-capacity magazines in other states and returning to Washington with them."

It does not come into effect here.

 

[Stomper]

While originally not for the same issue...
The older military policy of :
"Don't ask , don't tell"....
Seems to fit here as well.
Andy

Shhh….. the Gay Berets are a TOP secret SF section…. need to know only!

 

[The Heretic]

The law is not about whether you can purchase the mags elsewhere, it is about whether you can import them into WA state.

Whether that is unconstitutional is not as clear cut as saying you can't do something in another state. The laws against traveling for an out of state abortion will probably run into that issue.

 

[USMC-03]

Hmmmm….

I'm thinking a classic '70s movie remake. Instead of bootlegging Coors to Atlanta, Bandit and Snowman haul a trailer load of standard capacity magazines into Washington.

The possibilities are endless…

 

[ma96782]

Maybe, when these cases are decided. We will all get a clearer picture.

Aloha, Mark

 

[223to45]

Hmmmm….

I'm thinking a classic '70s movie remake. Instead of bootlegging Coors to Atlanta, Bandit and Snowman haul a trailer load of standard capacity magazines into Washington.

The possibilities are endless…

You want the TransAm or the the Truck.
I could be fine with either.

 

[Hawaiian]

I believe the mag bans as well as the so called assault rifle ban will be ruled unconstitutional. However it will take years for the cases to work their way up to the Supreme Court to rule as such.

 

[po18guy]

How can we seek punitive damages against these idiots? They are legislating in bad faith. A class action of course, but we want them to pay for our magazines!

 

[223to45]

I believe the mag bans as well as the so called assault rifle ban will be ruled unconstitutional. However it will take years for the cases to work their way up to the Supreme Court to rule as such.

Not necessarily, they sent the mag ban and AWB from California back to the 9th circuit for another review because of the new ruling.

 

[BrentN]

Not necessarily, they sent the mag ban and AWB from California back to the 9th circuit for another review because of the new ruling.

Would like to agree with you. But, as far as the lengthy amount of time, there is a reason the courts on the left coast all the way up to the 9th, do what they do. Take IP17 for example, when it passes this fall, and assuming some entity files lawsuit, how long do you think it will take to work through the Oregon court system? Just to get to the Oregon Supreme Court, which happens to be made 100% of dem appointed robes (not elected as called for by Oregon law), which leads me to think that they are going to "not comply with SCOTUS" however possible, slow-walking being the least of it. So, safe to say, even at the 9th circuit, they will act like a bag of Diks, forcing another ruling by the supreme court, years from now. And by then, what is to be expected of the SCOTUS? Will it even look the same by then? I'm losing track, but I think we have replaced 5 of them in the last 12 or so years?

 

[Knobgoblin]

Don't worry. When wa state's new fuel tax hits in January, no one will dare drive further than work and home.
We will have the highest gas tax in the nation as of 2023.

 

[Hueco]

Don't worry. When wa state's new fuel tax hits in January, no one will dare drive further than work and home.
We will have the highest gas tax in the nation as of 2023.

Gas prices over here were in the high $3's yesterday.

Drove from PDX to Midlothian, VA by way of Idaho, Wyoming, Colorado, Kansas, Oklahoma, Arkansas, and Tennessee. Every state further east kept dropping the gas prices. Still cost about a grand to make the drive with all the sight seeing along the way...still...I'm liking it out here more and more!

The law is not about whether you can purchase the mags elsewhere, it is about whether you can import them into WA state.

Whether that is unconstitutional is not as clear cut as saying you can't do something in another state. The laws against traveling for an out of state abortion will probably run into that issue.

Seems more similar to me to marijuana. One could travel into State A to get high but couldn't bring it back to State B without it being contraband.

The "problem" is the grandfather clause. There's no way for LEO to prove that the mags currently in your possession are new or previously owned. (Yes, P-Mags have a date mark, but it is easily melted to obscurity...but that's unethical so don't do that).

All an unethical person would have to do is keep a receipt handy for a purchase of mags made during the pre-ban era and throw it in your gun bag...then simply use that as evidence if asked about your stash of mags on the way back in.

I mean, if you were unethical. Breaking the law is bad...yea...bad.

 

[PiratePast40]

Maybe, when these cases are decided. We will all get a clearer picture.

Aloha, Mark

Thank you for posting. The video clarified quite a few questions I had about current 2A cases and how the Bruen decision will potentially affect these bans in the future.

 

[Alexx1401]

Don't worry. When wa state's new fuel tax hits in January, no one will dare drive further than work and home.
We will have the highest gas tax in the nation as of 2023.

This again will be the voters here getting what they wanted, so they can enjoy.
As for the mags these kind of questions will be asked, answered, then asked and answered multiple times every month all over the net. Sooner or later some idiot will be made an example of. They will drive out and buy a bunch of mags and either get stopped with them in wrappers on the seat, will make a point of telling some LEO they have them, or will head to work and proudly tell anyone who will listen to them what they did and offer to sell them. AG will have to make an example out of at least one of them now and then since they will be so out in the open. Basically begging to get in trouble. Anyone else with a brain? Will not have a problem.

 

[Mikej]

So, when criminals continue to criminal, with guns, the state will need to put check points up at the border and search cars coming into the state. That should include snitches placed in stores carrying mags watching out of state plates and contacting border security after mags are purchased.
What a bunch of buffoon's!

 

[The Heretic]

This again will be the voters here getting what they wanted, so they can enjoy.
As for the mags these kind of questions will be asked, answered, then asked and answered multiple times every month all over the net. Sooner or later some idiot will be made an example of. They will drive out and buy a bunch of mags and either get stopped with them in wrappers on the seat, will make a point of telling some LEO they have them, or will head to work and proudly tell anyone who will listen to them what they did and offer to sell them. AG will have to make an example out of at least one of them now and then since they will be so out in the open. Basically begging to get in trouble. Anyone else with a brain? Will not have a problem.

To make an example of someone, they will either have to do what they sometimes do to sales tax scofflaws; witness them buying the mags out of state, then follow them back into the state, and/or catch them with the receipt. Or something to that effect.

It is not enough to catch them coming in with mags unless the mags have a date code on them.

 

[Alexx1401]

To make an example of someone, they will either have to do what they sometimes do to sales tax scofflaws; witness them buying the mags out of state, then follow them back into the state, and/or catch them with the receipt. Or something to that effect.

It is not enough to catch them coming in with mags unless the mags have a date code on them.

One of these idiots will proudly tell on themselves. If they have a box of new mags and some LEO asks they will say they just bought them. Probably will have the receipt in the box. Failing that they will head to work and tell anyone who will listen to them what they did and offer to sell the mags. There are a LOT of idiot criminals that seem to go out of their way to make Cops jobs easy. No one is going to get "caught" doing this. The example will be those who wave a sigh saying "BUST ME,OVER HERE". I will have trouble shedding a tear for the first one who goes out of his way to get in trouble.