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I've asked this before, and nobody was able to answer it, but what happened to the original state suit filed by the NRA and Alan Gottlieb that was dismissed by the state supreme court?

This case was a winner, it was dismissed at the supreme court essentially because they ruled that the law did not allow preelection judicial review of the correctness of the i-1639 petition format. It was a technicality-they did not reverse on the merits of the case.

The election has happened, why is no one simply resurrecting the exact same argument that already won in Thurston County Superior Court?

Many kudos to Sporting Systems for leading the fight, but we need every challenge we can get- theirs is in federal court on what sounds like pretty narrow interstate commerce (and age descrimination?) grounds. We need not pin all our hopes on one "last, best" challenge to the law.

If you recall the attack on Obamacare, the Republican suit included everything and the kitchen sink in the complaint. The argument that had enough traction to make it to the Supreme Court was a peripheral one that no one expected to stick.
 
^^ Good question, I would be interested to know as well...but they may not want to divulge too much (strategy) on an open forum.

Boss
 
^^ Good question, I would be interested to know as well...but they may not want to divulge too much (strategy) on an open forum.

Boss

I don't think just stating that they will be re-filing would give away anything; I would think that both sides would have expected it given how narrowly they lost last time and the reasons.

What concerns me is that it's been 8 months since the election without a peep. Maybe they're waiting to see how the federal suit goes, because that one actually addresses the substance of the law rather than WA ballot procedures. Still, I would think that there's value in forcing the other side to deal with two lawsuits in two different venues at the same time.
 
I don't think just stating that they will be re-filing would give away anything; I would think that both sides would have expected it given how narrowly they lost last time and the reasons.

What concerns me is that it's been 8 months since the election without a peep. Maybe they're waiting to see how the federal suit goes, because that one actually addresses the substance of the law rather than WA ballot procedures. Still, I would think that there's value in forcing the other side to deal with two lawsuits in two different venues at the same time.

Things like this could play a role, seeking a better venue:(:


And attorneys cost money...and court costs money...lots of money. So there is likely a finite budget factor as well...remember, we aren't billionaire backed.:rolleyes:

Boss
 
Because of the backlog. When the feds were doing the background checks for WA CPL holders it took a few minutes. Now that the state has to do its own processing it takes a few days to accomplish.
 
So what is WA using for background checks that takes so long?
from what I understand, since 2015 they were supposed to set up their own version of an instant check system, but still haven't done it. That's why the FBI is no longer doing the courtesy checks for handguns.

Instead local law enforcement does it, presumably by manually querying several databases.
 
Because of the backlog. When the feds were doing the background checks for WA CPL holders it took a few minutes. Now that the state has to do its own processing it takes a few days to accomplish.
I see thanks!

Unfortunately to me It seems like a possibly/likely? logical course of events would then be, in chronological order:
(1) whatever state agency has responsibility for background checks says they can't do it all with current manpower
(2) said agency asks WA legislature for more $
(3) $ has to be approved in an appropriation that is open for discussion in the legislative process
(4) anti-gun ppl use this as a way to fight gun ownership and tie up or kill the appropriation
(5) ends in no improvement and continued long delays

I hope that is an incorrect look into the crystal ball but it seems likely. There are political ways to prevent that probably which I won't get into here.
 
Why do they have to store the firearm and u come back and get it in WA? In OR it takes about 20-25 min for background check or if u have CHL about 10 min.

Because vetted law-abiding gun owners (CPL holders) must be delayed, dissuaded, and inconvenienced....for...for...safety, that's it!! Yeah, they probably have at least one, and probably several firearms already at home, so delaying another is pointless, but it must be done.

Boss
 
Because vetted law-abiding gun owners (CPL holders) must be delayed, dissuaded, and inconvenienced....for...for...safety, that's it!! Yeah, they probably have at least one, and probably several firearms already at home, so delaying another is pointless, but it must be done.

Boss



There is a side note to all this BS. The Libs want to make a purchase of any firearm as difficult as possible. They want the average person to be discouraged because of all the hoops you have to jump thru to get a 10/22 rifle.:oops:
 
This case was a winner, it was dismissed at the supreme court essentially because they ruled that the law did not allow preelection judicial review of the correctness of the i-1639 petition format. It was a technicality-they did not reverse on the merits of the case.

The election has happened, why is no one simply resurrecting the exact same argument that already won in Thurston County Superior Court?

The legal team has discussed this, again 2 weeks ago, to find a new challenge on those grounds but the attorneys were solid that the state Supreme courts ruling was the last we'll hear on that angle.
 
So what is WA using for background checks that takes so long?

LEOs use a version of the NICS systems. They also have to upload the data to DSHS for a medical records checks with Healthcare Authority billing codes for involuntary hospitalization/mental health issue (that's the biggest time delay with most departments), they also check through the WSP criminal database and scan local court records for warrants, restraining orders and such. The biggest hold is at the state DSHS.
 
I wonder if there is any precedent anywhere regarding wait times. Like, it has been ruled a violation of rights when you have to wait more than XX days for [whatever]. Man it would be nice to challenge this AND the NFA for "rights delayed as a right denied."
 
I wonder if there is any precedent anywhere regarding wait times. Like, it has been ruled a violation of rights when you have to wait more than XX days for [whatever]. Man it would be nice to challenge this AND the NFA for "rights delayed as a right denied."
1639 exempts agencies from liability associated with delays. Law says you can release after 10 business days unless the agency puts a 30 day hold on it. This is being watched to see how the anti gun counties/cities are processing. The city of Seattle, replied within 5 days on a pistol transfer.
 
The legal team has discussed this, again 2 weeks ago, to find a new challenge on those grounds but the attorneys were solid that the state Supreme courts ruling was the last we'll hear on that angle.

Well, they're lawyers and I'm not, so I guess they know their business. But I read the decision, it specifically says the case was being dismissed because pre-election challenges to initiatives in the court are not allowed. It went into why Wyman couldn't be compelled to reject the petitions as well.

Since it was a dismissal and not a ruling for the defendant, plaintiffs should be free to re-file now that circumstances have changed. Tim Eyman's history shows us that post-election challenges to initiatives for a variety of reasons are allowed.
 
The legislature can not exempt anyone from a Constitutional violation. If the delay violates the constitution then the agency is still liable at least for prospective relief.
 

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