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WA State and Federal constitutions re RKBA

Discussion in 'Legal & Political Archive' started by 8ball, Jul 27, 2010.

  1. 8ball

    8ball WA Quit talkin' and start chalking!

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    US federal:

    ...the right of the people to keep and bear Arms, shall not be infringed.

    As everyone knows, this was affirmed as an individual right applying to the States in McDonald v Chicago, 2010.

    WA state:

    SECTION 24 RIGHT TO BEAR ARMS. The right of the individual citizen to bear arms in defense of himself, or the state, shall not be impaired...

    This was upheld by the WA Supreme Court in State v. Christopher William Sieyes, where the constitutionality of WA firearm laws was challenged, although frustratingly the Court was vague on the level of regulation that would pass scrutiny.

    Given both of those developments in the last six months, has anyone in Olympia asked Attorney General McKenna (allegedly a pro-2A Republican who has provided numerous gun related opinions in the past few years) for an analysis of which WA firearm laws may now be unconstitutional?

    It seems inconsistent that WA has onerous restrictions on items like full auto guns, suppressors and short barrel rifles when constitutionally our rights are equal or better than most states, and are not supposed to be impaired?!

    Are there any cases pending in WA on this topic?
     
  2. Seabee Patriot

    Seabee Patriot Vancouver, Washington, United States Member

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    You know, this brought up a good question I think. I just wrote the Attorney General and asked exactly what you just proposed. I guess we'll see if he answer little ol' Joe the blue collar worker. Hopefully, if his office does respond it will be written in plain English, I don't speak lawyer myself ;)
    Anyway, nothing will change unless people ask questions. That's my motto.
     
  3. Ranb

    Ranb Belfair, WA Active Member

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    When I wrote to the AG (back when it was Gregorie) about a clarification on 9.41.250, her OMBUDSMAN wrote back telling me silencers were illegal in the USA. When I replied that silencers were not illegal in WA or the US, I was told that the AG does not respond to requests other than legislators and DA's. I was tempted to ask her why she bothered to lie to me then.

    Last year when I wrote to the AG about obtaining the same "exemption from prosecution" for silencer use that the police enjoy as a registered silencer owner, his assistant wrote back claiming there was no such thing and that those decisions were left up to the local DA's.

    If you want a real reply and not one that blows smoke, it needs to be submitted by someone with power, like your Senator. Good luck. I can't even get a reply from mine (Sheldon) at all about anything.

    Ranb
     
  4. deen_ad

    deen_ad Vancouver, WA Well-Known Member

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    correct, they do not give opinions on laws to the general public, a request has to come from a Senator or House member.

    Deen
    NRA Benefactor/Recruiter
    WAC Member
    ACSWW Member
     
  5. ZeroRing

    ZeroRing 26th District, WA Active Member

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    Hmmm... that begs the question, What "law" or regulation says that they only have to give a response to 147 people (reps and senators) in the state? Taken on its face it certainly seems like an "elitist" attitude towards the citizens they supposedly "serve".
     
  6. Ranb

    Ranb Belfair, WA Active Member

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    I'm not sure if what I quoted below is codified in law, but here is part of what the AG does and does not do.

    What the Office Does
    Ranb
     
  7. Seabee Patriot

    Seabee Patriot Vancouver, Washington, United States Member

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    Well, I gave it a shot and this is the response I received back:

    Mr. Byers,
    After reviewing your inquiry, I suggest you submit your concerns to members of your Legislative delegation. The issues you raise will require a change/clarification of state law and thus require legislative action. Please let me know if you need anything additional.
    Sincerely,
    Hunter Graham Goodman
    ASSISTANT ATTORNEY GENERAL | DIRECTOR OF GOVERNMENTAL AFFAIRS
    WASHINGTON STATE ATTORNEY GENERAL'S OFFICE
    800 Fifth Avenue Suite 2000 | Seattle, WA 98104
    Ph: 206.389.2733 | Fax: 206.389.2115