Four anti-gun Democrat lawmakers representing four Seattle-area districts have filed a bill to ban so-called “assault weapons” in Washington State, with definitions based almost entirely on cosmetics rather than on the actual function of the firearm.
The bill is sponsored by State Senators Adam Kline (37th District), Jeanne Kohl-Welles (36th District), Darlene Fairley (32nd District) and Joe McDermott (34th District). McDermott is the majority assistant floor leader.
Ironically, the bill was filed on the same day that Chelan County Sheriff Mike Harum was quoted by the Wenatchee World noting that criminals like the man who gunned down four Lakewood police officers on Nov. 29 will not be deterred by gun control laws. He sat on a law enforcement panel appointed by Gov. Christine Gregoire in the aftermath of that shooting to determine if changes in state law might reduce the possibility of another such incident.
Our fear was that if a legislator has a knee-jerk reaction to this whole incident, he might come up with something that we would not be able to work with as a community.”—Chelan County Sheriff Mike Harum
Harum told the newspaper that the panel feared a “knee-jerk reaction” by some lawmaker, such as an “assault weapon” ban or registration of all firearms in the state.
Senate Bill 6396 offers a broad definition of an “assault weapon” that includes semiautomatic pistols, rifles and shotguns capable of holding more than ten cartridges in a detachable magazine. Thumbhole and pistol-grip stocks (such as those found on many popular shotguns designed for hunting wild turkeys or big game, and sporting rifles now marketed for varmint and predator hunters) also raise a flag, as do muzzle brakes and compensators, and pump-action rifles or shotguns capable of accepting detachable magazines.
Typically, there is a specific exemption for law enforcement officers. Gun rights activists have long argued that police officers should never be exempt from laws they are required to enforce.
Harum said he has heard rumors that some legislators want to ban assault weapons and others want to require that all guns be registered."Maurice Clemmons violated many firearms laws before he murdered the officers, so it seems rather dubious to argue additional laws might have prevented this tragedy," Harum said.
Of course, people may keep the "assault weapons" they already own, but there are certain provisions, including the possibility of being visited by a sheriff's deputy once each year for an inspection, to make sure the firearm is being "safely" stored. Anybody willing to just open the door to an unscheduled, warrantless search by a sheriff's deputy, raise your hand.
Not all Democrats will support this measure, but there may be concerns in Olympia that such legislation, unilaterally sponsored by ranking Seattle-area Democrats, could have a negative effect during this fall’s election cycle for Democrats in rural districts, where voter unrest is already rising over taxes and spending. While the four sponsors live in liberal Seattle districts where they are considered politically bullet-proof, many of their Democrat caucus colleagues are vulnerable.
(5) In order to continue to possess an assault weapon that was legally possessed on the effective date of this section, the person possessing the assault weapon shall do all of the following:(a) Safely and securely store the assault weapon. The sheriff of the county may, no more than once per year, conduct an inspection to ensure compliance with this subsection;(b) Possess the assault weapon only on property owned or immediately controlled by the person, or while engaged in the legal use of the assault weapon at a duly licensed firing range, or while traveling to or from either of these locations for the purpose of engaging in the legal use of the assault weapon, provided that the assault weapon is stored unloaded and in a separate locked container during transport. - Senate Bill 6396
Rural Democrats should be wary of any such legislation, as it only reinforces the image of Democrats as the “Party of Gun Control.”
If the Democrat-controlled Legislature hikes taxes to make up for a $2.6 billion revenue shortfall that developed under Democrat control in Olympia, a law attacking the gun rights of rural Washingtonians could easily push those voters over the edge and bring occasional voters to the polls in huge numbers, resulting a political sea change in November. Voter frustration has a way of becoming voter fury when lawmakers stick one hand in their wallet and the other hand in their gun cabinet.
The bill has been referred to the Senate Judiciary Committee, where Kline is chair and Kohl-Welles is a member. Other committee members are
Senate contact information for all members of the Washington State Senate.
Legislative Hotline: 1-800-562-6000
More from Gun Rights Examiners
Atlanta: Ed Stone | Austin: Howard Nemerov | Boston: Ron Bokleman | Charlotte: Paul Valone | Cheyenne: Anthony Bouchard | Chicago: Don Gwinn | Cleveland: Daniel White | DC: Mike Stollenwerk | Denver: Dan Bidstrup | Grand Rapids: Skip Coryel | Los Angeles: John Longenecker | Minneapolis: John Pierce | National: David Codrea | Phoenix: Douglas Little | Seattle: Dave Workman | St. Louis: Kurt Hofmann | Wisconsin: Gene German
And Don’t forget to visit:
For more info: Senate Bill 6396. Citizens Committee for the Right to Keep and Bear Arms. National Rifle Association. Assault on Weapons: The Campaign to Eliminate Your Guns.
Comments
What part of "This Right Shall Not Be Infringed" do these people not understand ???
The Democratic party IS the party of "gun control".
We would be better off if Seattle was made it's own State and let all these "wingnuts" govern themselves. Apparently, none of them have ever read a history book. We had an experiment in Prohibition. It created more crime as it fostered a black market for Alcohol. Widespread violations by otherwise law abiding citizens made it even worse.
Take the effort that is going into this bill and channel it into efforts to take real criminals off the street for good. What ever happened to sentences that fit the crimes.
This bill has so many vague references it will never pass as it would be a nightmare to enforce as well as defend from all the lawsuits it would spawn. What does "Safe and Secure" mean? How will the Sherriff know who requires inspection and what they should even be looking for?
Based on the lazy way it's written, I get the feeling that these Seattle liberals introduced this bill with no expectation that it will ever pass, but solely to show their constituents that they are "doing something" about gun control.
Believe it or not, this may have a fair chance of passage. Gun ranges and hunter groups may either support this or not be vehemently opposed to it. Imagine if you will the only place one could shoot an "assault weapon" being a licensed range. Can you say "good for business"? And some hunters may care less, believing it doesn't affect them.
This bill is a horrible farce to rights in general. Unwarranted search and possible seizure against the 4th amendment able to be repeated every year. Let alone that almost all of the Semi-Automatic pistols sold and owned would be considered Illegal due to magazine capacity over 10 rounds. These weapons are to dangerous for the general public, but all of law enforcement is waved from this restriction so obviously they are a better class of citizens well capable of handling such dangerous tools. But then again I do seem to recall several police uses of handguns that fired well above 10 rounds and no criminal was hit. If these law makers think this little of your rights I worry about what other ones they think you might not need. Hopefully the US Supreme Court will rule properly on the upcoming Mcdonald VS. Chicago case and the out right attacks on honest citizens will be curbed by our well intentioned and vote hungry politicians.
The Democratic Party always loves these Jim Crow statutes. Especially in Washingon, where Jim Crow, has reigned Supreme forever!
"When a legislature undertakes to proscribe the exercise of a citizen's constitutional rights it acts lawlessly and the citizen can take matters into his own hands and proceed on the basis that such a law isno law at all."
Justice William O. Douglas, #1 Lawyer from Washington!
And the Washington State History Book?
"The makers of our constitution undertook to secure conditions favorable to the pursuit of happiness... They sought to protect Americans in their beliefs, their thoughts, their emotions and their sensations. They conferred, as against the government, the right to be let alone, the most comprehensive of the rights and the right most valued by civilized men."
Justice Louis D. Brandeis
(1856-1941) US Supreme Court Justice
Olmstead v. United States, 1928
Another Infamous Example, of the Washington Education Association at work!
MR. JUSTICE HOLMES:
My brother BRANDEIS has given this case so exhaustive an examination that I desire to add but a few words. While I do not deny it, I am not prepared to say that the penumbra of the Fourth and Fifth Amendments covers the defendant, although I fully agree that Courts are apt to err by sticking too closely to the words of a law where those words import a policy that goes beyond them. Gooch v. Oregon Short line R.R. Co., 258 U. S. 22, 258 U. S. 24. But I think, as MR. JUSTICE BRANDEIS says, that, apart from the Constitution, the Government ought not to use
Page 277 U. S. 470
evidence obtained and only obtainable by a criminal act. There is no body of precedents by which we are bound, and which confines us to logical deduction from established rules. Therefore we must consider the two objects of desire, both of which we cannot have, and make up our minds which to choose. It is desirable that criminals should be detected, and, to that end, that all available evi
MR. JUSTICE BUTLER, dissenting.
I sincerely regret that I cannot support the opinion and judgments of the Court in these cases.
Page 277 U. S. 486
The order allowing the writs of certiorari operated to limit arguments of counsel to the constitutional question. I do not participate in the controversy that has arisen here as to whether the evidence was inadmissible because the mode of obtaining it was unethical and a misdemeanor under state law. I prefer to say nothing concerning those questions, because they are not within the jurisdiction taken by the order.
The Court is required to construe the provision of the Fourth Amendment that declares:
"The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not-be violated."
The Fifth Amendment prevents the use of evidence obtained through searches and seizures in violation of the rights of the accused protected by the Fourth Amendment.
The sin
James Patrick Mackley (JP Mackley) close friend of Lt Col Robert K Brown is currently residing in Wenatchee, WA or at least in Washington state, and having worked on Capitol Hill, he should be at the forefront of this fight! We know he has had some psychiatric issues to work out, but surely he has the emotional grit to focus on this issue and make a difference for the NRA and the gunowners in Washington state. Get Mackley on the case!!
The 4th amendment only protects against unlawful searches. However, if the proposed ban were to pass the inspections would be deemed lawful. Therefore, refusal would be in violation of the law and a warrant could be sought, thus forcing compliance.
Currently, any NFA items one owns can be inspected by the ATF at any time. The 4th amendment does not prevent these inspections since they are proscribed by law.
Machine guns are legal in Wash St. as long as you had possession of it in this state prior to and since 1 July 1994 and ATF visits to ispect same are part of ownership.
I agree with the previous posters, being a gun owner myself. However, we are preaching to the choir by posting here, as any liberal or anti-gun person is never going to come to this site and read the article, let alone the comments. I agree that Seattle ought to form it's own little city-state and leave the rest of us alone. If this passes, I will seriously consider leaving this area, at least western Washington. I have never seen so many people so paranoid about guns! Even more scary than that is Sunstein, who is on the President's short list for the Supreme Court. He has been quoted as saying that the Supreme Court has never ruled that citizens owning a gun is a right. Apparently, he has never heard of Heller. And he wants to do away with the 1st amendment so people cannot say anything against the government! Unbelievable! This man is a real threat to ALL our freedoms and rights. Can anyone say USSR?
No, by God, I won't run! We must fight and keep this bill from passing! Our state legislators need to be reminded that we put them in office and by God, we can take them out of office as well!! Democrats and Republicans alike need to be reminded of who they serve, all the people, not just a certain group!!
I'm all for it. An "assault weapon" is fully automatic. Therefore this law will allow me to have some good old "rock and rollers" that are nigh to impossible to own in Wa. state at present. I just have to store it in my gun safe! How many fully automatics can we have. Does the bill have a limit.
I AGREE WITH RUBY,AND FOR THAT 4TH AMMENDMENT I PROMICE YOU THAT YOU WILL HAVE TO TAKE MY COLD DEAD HANDS OFF OF MY WEPON AS I AM A VIET-NAM VET DISABLED, AND I PACT A GUN EVERYWHERE I GO. AND NO ONE AND I MEAN NO ONE WILL TAKE MY GUNS AND PLEASE DONOT THINK THIS IS A IDOL THEART. THE GUY WHO SHOT THE 4 POLICE OFFICERS SHOT THEM WITH A STOLEN GUN. AND NOT AN ASSULT RIFEL.AND ALSO THAT GUY THAT SHOT THE OFFICER IN THE CAR WAS A TERRIOST, SO IT SOUNDS LIKE THERE ARE PEOPLE IN HIGH PLACES THAT ARE NOT DOING THERE JOB AND THE GUY WHO SHOT THE OFFICER WHO WAS GOING TO A DOMESTIC,CALL SHOULD HAVE BEEN IN JAIL, BUT OUR GOV IS TRYING TO SAVE MONEY SO THEY JUST KEEP COMMING BACK AND TELL THEM YOU SHOULD NOT DO THIS JUST LIKE, DUI,S WE HAVE A JUDGE IN SHELTON THAT HAS 5 DUI,S AND STILL DRIVING WHAT THE BLank IS THAT, SO GET OFF THE GUN stuff AND START DOING YOUR JOBS AND also OUR POLICE OFFICERS, AND LET THEM DO THEIR JOB,.AS IT SURE IS NOT THE EASIEST JOB AND ALWAYS HYPER ALERR
JP Mackley works for the CIA only in his dreams -- he's a delusional ex-army private who navigates the light fantastic with the likes of Lt. Col. Robert K Brown (pub/ed Soldier of Fortune) and gullible acolytes who swallow his tall tales absent even minimum fact-checking. Mackley's only journalist experience prior to this stint in Yugoslavia was a beat (Postal Service) reporter for a trade rag called the Federal Times and less-than a year spent as a speechwriter for the Postmaster General - he was invited to leave both positions. Poseur, raconteur, and a master at reinventing himself at a moment's notice -- "footloose" is the perfect description, not only of Mackley's history, but of his own tenuous hold on reality and the fervid 'commitment' he feigns to friends, family, and employers. Mackley got this job, head of FPB, Croatia, via Mara Letica, General Counsel for Letica Corporation, by way of recommendation of Lyn Nofziger, who later came to loathe Mackley as a liar and a fake. Mackley was a Postal Service beat reporter for The Federal Times, who ruthlessly used female contacts/targets to advance his career or enhance his financial situation.Mackley has been diagnosed by VA psychiatrists as 100 percent "delusional," "anti-social," and "unemployable," a diagnosis supported by Mackley's pattern of stealing or buying artifacts from the CIA (pens,etc) and other enforcement agencies to establish his bogus creds.
His only source of income is 100 percent psychiatric disability from the VA. For years, he harassed Robert Peck, a genuine CIA operative, with trivial, unsolicited, 2nd-hand information Mackley believed would establish "a link: (he portrayed himself as a "NOC") between himself and the CIA. Mackley is also a close friend of Ziljana Zovko's, now HG Ambassador to Madrid and a supporter of "Goth culture." He shares a penchant for voyeurism with SOF's Bob Brown, is a committed member of the "Leather Community" of Folsom, CA. Mackley DD-214 indicates no combat posting, only a stint as a shotgun guard in Vietnam with wounds received as a result of his proximity to a truck explosion in the rear. His deceptiveness clearly compromises any achievements claimed to have been made by the FPB in Zagreb during the conflict in the early 90's.
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