Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Washington: VOTE NO ON 1491! Ballot Initiative will Selectively Target Gun Owners

Tuesday, September 6, 2016

Washington: VOTE NO ON 1491! Ballot Initiative will Selectively Target Gun Owners

On the 2016 General Election ballot, Washingtonians will find Ballot Initiative 1491, an initiative purported to prevent violent acts by creating so-called “Extreme Risk Protection Orders” (ERPO).  This legislation was introduced in the Washington Legislature during the 2015 Legislative Session as House Bill 1857.  HB 1857 died in committee without ever seeing a floor vote.  Your NRA-ILA has seen similar legislation pop up in multiple states in recent years and the proponents are always the same, anti-gun legislators and gun control groups who are intent on targeting gun owners instead of preventing crime.

I-1491 allows persons who have no specific expertise, and who may be mistaken, to seek an ERPO.  Under the initiative language, “family and household members” are considered valid petitioners for an ERPO.  “Household member” is vaguely defined as to even allow roommates from a year ago to petition to remove your Second Amendment rights when they don’t even live with you anymore.  Emergency ex parte orders can be issued with no input from the respondent whatsoever.  In that context, a person's rights disappear merely on the say-so of someone else.  Even the standards for the "permanent" orders issued after hearing tend to stack the deck in favor of the petitioner.  I-1491 would require the surrender of concealed pistol licenses as well as the seizure of all firearms by law enforcement.  The evidentiary standards are insufficient for the abridgement of a fundamental right, the findings the court is required to make are vague and subjective, and the basis on which findings can be made often include lawful behavior (e.g., consuming alcohol, buying guns, etc.), hearsay, or prior incidents in which the state did not sustain its own  burden of proof (e.g., prior arrests not leading to prosecution or conviction, prior allegations of violence not leading to arrest or official action, etc.). 

This law would be ripe for abuse by individuals that disagree with the Second Amendment, and the mere insinuation that gun ownership makes you a danger to yourself or others is offensive and insulting.

In the 2016 General Election, vote “NO” on I-1491

If a person is truly dangerous, existing law already provides a variety of mechanisms to deal with the individual, all of which can lead to firearm prohibitions in appropriate cases.  Depending on the circumstances, these can include arrest, followed by pretrial detention or release on bond with conditions and monitoring; restraining or no-contact orders; or emergency mental health evaluations and commitments.

The issuance of an ERPO does not do anything to deal with the underlying cause of dangerousness, nor does it subject the person to any actual physical restraint, ongoing reporting or monitoring requirements, or treatment for any underlying mental health condition.  Initiative 1491 will be ineffective as it targets the tools but not the problem.

If a dangerous person is committed, he gets treatment. If he is arrested, he might be detained pretrial or at least monitored and subject to reporting requirements while on pretrial release. Nothing happens, however, to a person with an ERPO except the seizure of the person's firearms (if he is known to have any) and listing in a prohibited person database.  Under I-1491, the person is left free to carry out any harmful designs by any means at his or her disposal, including the illegal acquisition of additional firearms.

An Extreme Risk Protection Order can always be renewed or extended, so even if it is "limited" in duration, an ERPO can turn into an indefinite prohibition.  To the degree the laws require guns to be returned to the respondent when the order expires, the provisions are largely illusory. The storage fees charged by law enforcement agencies or FFLs could easily exceed the value of the guns in most cases.

During this General Election, be sure to vote “NO” on Ballot Initiative 1491.  Urge your family, friends and fellow gun owners to do the same.

IN THIS ARTICLE
Washington Due Process

BY NRA-ILA Staff

TRENDING NOW
Obama Says Goodbye to America’s Gun Owners with (a Likely Short-lived) Lead Ammo Ban

News  

Friday, January 20, 2017

Obama Says Goodbye to America’s Gun Owners with (a Likely Short-lived) Lead Ammo Ban

Gun owners knew that Barack Obama would not leave quietly. The only question was what else was coming.  

New Hampshire: Constitutional/Permitless Carry Bill Passes Senate!

Thursday, January 19, 2017

New Hampshire: Constitutional/Permitless Carry Bill Passes Senate!

Today, Senate Bill 12, legislation eliminating the requirement to obtain a permit in order to lawfully carry, passed the Senate without amendment, by a 13-10 vote.  SB 12 will now go to the House of ...

Gun Owners Welcome Donald J. Trump as President of the United States

News  

Friday, January 20, 2017

Gun Owners Welcome Donald J. Trump as President of the United States

Gun owners across the nation breathed a sigh of relief as Donald J. Trump was sworn in Friday morning as the 45th president of the United States.

Federal Appeals Court: Chicago Violates Second Amendment … Again

News  

Friday, January 20, 2017

Federal Appeals Court: Chicago Violates Second Amendment … Again

On Wednesday, the U.S. Court of Appeals for the Seventh Circuit found that Chicago had once again violated the Second Amendment, this time with its regulations for gun ranges.

Your Members of Congress Need to Hear from You on the Hearing Protection Act of 2017

News  

Friday, January 13, 2017

Your Members of Congress Need to Hear from You on the Hearing Protection Act of 2017

On Monday, Sen. Mike Crapo (R-ID) – joined by co-sponsors Sens. Jerry Moran (R-KS) and Rand Paul (R-KY) – introduced S. 59, the Hearing Protection Act of 2017 (HPA). Similar legislation was introduced in the ...

New York Times Relies on Gun Prohibitionist Propaganda, Stigmatizes Suicide

News  

Friday, January 20, 2017

New York Times Relies on Gun Prohibitionist Propaganda, Stigmatizes Suicide

In a December 5, 2015, front page editorial, the New York Times finally admitted what discerning readers had long understood – that the paper advocates the prohibition and confiscation of certain types of now-lawfully possessed firearms. ...

Alert: WA State Proposes Draconian Gun Ban Bills

News  

Friday, January 13, 2017

Alert: WA State Proposes Draconian Gun Ban Bills

Inspired, perhaps, by Oscar Wilde (“Moderation is a fatal thing. Nothing succeeds like excess”), Washington State Attorney General Bob Ferguson has announced two new sweeping gun control bills, with Sen. David Frockt (D-Seattle) and Rep. ...

Web Scraping: A Means to Push the Anti-Gun Agenda

News  

Friday, January 20, 2017

Web Scraping: A Means to Push the Anti-Gun Agenda

You may have read recently about a “breaking analysis” that includes numbers derived from a “mass shooting tracker,” which purports to present to the world, real world cases in which mass shootings have occurred.  One ...

National Concealed Carry Reciprocity Lies and the Lying Liars Who Tell Them

News  

Friday, January 13, 2017

National Concealed Carry Reciprocity Lies and the Lying Liars Who Tell Them

On January 3rd, Congressman Richard Hudson (R-N.C.8th) introduced H.R. 38, the Concealed Carry Reciprocity Act of 2017, which simply allows lawful firearm carriers from any state to carry a concealed firearm in any other state. The bill ...

Thursday, January 19, 2017

Florida Urgent Alert! Self-defense Bill up in Senate Judiciary on Tuesday 1/24/2017

A critical self-defense bill will be heard by the Senate Judiciary Committee on Tuesday, January 24, 2017, between 2:00-4:00pm.  SB-128 Burden of Proof by Senator Rob Bradley restores the presumption of innocence in self-defense cases ...

MORE TRENDING +
LESS TRENDING -
NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.