Washington Video on transporting high-capacity magazines in/out of WA State on/after July 1, 2022

[Koda]

I have one question. Where in the law does it state an individual cannot possess a magazine that holds over 10 rounds?

 

[sobo]

If there is a need to have been in the state with your mags then there is a need to prove it.

No, there is specifically not a need to prove it, by the very language of this law. As I have said many times, any and all requirements for proof of possession prior to the effective date was stripped from the bill before it passed into law. You are trying to impart requirements that were explicitly removed and are no longer in the law. You are proceeding from a logical point of view, but there is no logic with this law.

If the state cant prove you havent, then there is no need to prove it. This part is not anywhere in the law, which is why I disagree with it.

Exactly. The State would have to prove one did not meet the grandfathering requirements. That will be very difficult for the State to do, trying to prove a negative. As long as one does not admit to not having possession of the mags in WA state prior to July 1, then the State will never be able to prove one didn't meet the grandfathering requirements.

It makes no sense whatsoever....

Agreed...

 

[RX-79G]

If there is a need to have been in the state with your mags then there is a need to prove it. If the state cant prove you havent, then there is no need to prove it. This part is not anywhere in the law, which is why I disagree with it. It makes no sense whatsoever....

The need to obey the law isn't the same as the need to prove it. You're a murderer whether you're never caught or not.

 

[RX-79G]

I have one question. Where in the law does it state an individual cannot possess a magazine that holds over 10 rounds?

It doesn't say that. It says you can't import or buy one after July 1.

 

[Koda]

It doesn't say that. It says you can't import or buy one after July 1.

then you dont need to have been in the state with said magazines prior to the law enacting.

 

[sobo]

then you dont need to have been in the state with said magazines prior to the law enacting.

If you want to keep the ones you already have, then yes, you do.

 

[Koda]

If you want to keep the ones you already have, then yes, you do.

where does it say this in the law?

 

[RX-79G]

then you dont need to have been in the state with said magazines prior to the law enacting.

Yeah. You need to have been in the state for at least a full nanosecond with the mag before July 1. Is this news to you after we have discussed this so many times?

 

[sobo]

where does it say this in the law?

It doesn't. The law doesn't say what you can do. The law says what you cannot do.
That's how laws are typically written - prohibitively, not permissibly.

In other words, if a law does not say you can't do something, then by that omission, you can.

 

[RX-79G]

where does it say this in the law?

"Import" does not mean situations where an individual possesses a large capacity magazine when departing from, and returning to, Washington state, so long as the individual is returning to Washington in possession of the same large capacity magazine the individual transported out of state.

If you had it in the state and left, then you "departed the state". When you brought it back, you are "returning to WA in possession of the same.. ..magazine"

 

[Koda]

Ok friends, Im gonna call this one quits as we've discussed long enough. I wont say Im right I will say I dont understand your opinion.

To me the law is clear it prohibits sales, its clear it prohibits importing, its not clear at all if importing applies to the individual.

Thats where Im at with this new law. To err on the side of caution I would say its not legal for a visitor to bring in a prohibited magazine. But thats my opinion.

 

[RX-79G]

Ok friends, Im gonna call this one quits as we've discussed long enough. I wont say Im right I will say I dont understand your opinion.

To me the law is clear it prohibits sales, its clear it prohibits importing, its not clear at all if importing applies to the individual.

Thats where Im at with this new law. To err on the side of caution I would say its not legal for a visitor to bring in a prohibited magazine. But thats my opinion.

The law uses the word "individual" in saying what isn't illegal importation. How could this not apply to individuals?

 

[User 1234]

Legal loophole forces NY prosecutors to drop cases involving ‘Buffalo massacre’ gun magazines

Proving an illegally large clip’s manufacture date is extremely hard, considering the lack of serial numbers and other tell-tale signs, prosecutors say.

nypost.com

 

[drjenk]

What if you're a resident of another state, and you transport a 16 round magazine to property you own in WA? Am I in violation? And what if I then use the weapon in self-defense in the state while carrying, would I be in violation of the law, and worse, would my carry insurance then cover the legal bills if I was in violation of the law?

 

[uberguy]

What if you're a resident of another state, and you transport a 16 round magazine to property you own in WA? Am I in violation? And what if I then use the weapon in self-defense in the state while carrying, would I be in violation of the law, and worse, would my carry insurance then cover the legal bills if I was in violation of the law?

I believe in general terms, the question of "import" vs. "transport" is addressed.
Self-defense firearms use is literally a separate discussion, re: what's legal.
The vid source has a wealth of information on that question, as do other sources.

My short-form interpretation of the RCW covered in this vid is this:
Importing or transporting for sale is illegal. Transporting in and out for lawful use is legal.

 

[drjenk]

"Import" does not mean situations where an individual possesses a large capacity magazine when departing from, and returning to, Washington state, so long as the individual is returning to Washington in possession of the same large capacity magazine the individual transported out of state.

If you had it in the state and left, then you "departed the state". When you brought it back, you are "returning to WA in possession of the same.. ..magazine"

Does "departing from, and returning to, Washington State" also entail moving domicile from, and moving domicile to WA state? It could be interpreted as such.

 

[sobo]

Does "departing from, and returning to, Washington State" also entail moving domicile from, and moving domicile to WA state? It could be interpreted as such.

I would bet that Jackboot Jay and Sideshow Bob Turdgeson would say, "No", but just based upon a reading of the language in the law alone, it certainly sounds like it would include moving away and moving back. There's no time limit in the law about how long one can be out-of-state with the mags. Betcha good 2A lawyer could win that one in court...

BTW, welcome to The Board, the bestest li'l gun board there is!

 

[BAJ475]

I would bet that Jackboot Jay and Sideshow Bob Turdgeson would say, "No", but just based upon a reading of the language in the law alone, it certainly sounds like it would include moving away and moving back. There's no time limit in the law about how long one can be out-of-state with the mags. Betcha good 2A lawyer could win that one in court...

BTW, welcome to The Board, the bestest li'l gun board there is!

Hopefully, when CA loses Duncan the Washington mag ban will not far behind.

 

[MakarovManiac]

Dont comply, keep buying STANDARD capacity mags. Simple as that.
"When tyranny becomes law, rebellion becomes duty."
That can stick it where the sun doesnt shine.