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
Colorado: General Assembly Continues to Follow California's Lead; Semi-Auto Ban Scheduled For Hearing

Thursday, March 7, 2024

Colorado: General Assembly Continues to Follow California's Lead; Semi-Auto Ban Scheduled For Hearing

The Colorado General Assembly continues to follow California's lead when it comes to gun control, this year already pushing for an 11% Excise tax on firearms/ammunition and now pursuing a ban on commonly owned semi-automatic ...

Wisconsin: Legislation Updating the Definition of Muzzloader Signed by Governor Evers

Friday, March 15, 2024

Wisconsin: Legislation Updating the Definition of Muzzloader Signed by Governor Evers

Yesterday, the governor signed Wisconsin Act 116, formally Senate Bill 587, into law. This legislation establishes a new definition for “muzzleloaders” that would allow for the use of innovative technological advancements that could benefit sportsmen, ...

Maine: NRA Fires Back Against Gun Grabbers

Friday, March 15, 2024

Maine: NRA Fires Back Against Gun Grabbers

For months, anti-gun politicians and gun-grabbing groups have been running wild in Augusta, spreading misinformation about firearms in a desperate attempt to pass the most extreme gun-control in the country. The proposals carry the same theme, ...

Delaware: Senate Passes Maryland-Style Permit to Purchase Scheme

Friday, March 15, 2024

Delaware: Senate Passes Maryland-Style Permit to Purchase Scheme

Last night, the Delaware Senate passed Senate Substitute 1 for Senate Bill 2 (SB 2) by a vote of 15 to 6. This extreme legislation will impose a Maryland-style “handgun qualified purchase card” and a handgun transfer ...

Virginia: More than a Dozen Anti-Gun Bills Sent to the Governor!

Wednesday, March 6, 2024

Virginia: More than a Dozen Anti-Gun Bills Sent to the Governor!

The newly elected Virginia General Assembly has prioritized restricting law-abiding citizens' Second Amendment rights and has made good on that priority this session. This year, dozens of anti-gun bills have been considered in both chambers ...

Colorado: Mandatory Storage Bill Passes Committee and Hearings Postponed Due to Weather

Thursday, March 14, 2024

Colorado: Mandatory Storage Bill Passes Committee and Hearings Postponed Due to Weather

Today, HB 24-1348 which mandates how firearms must be stored in unattended vehicles, passed out of the House Judiciary Committee and is now eligible for a final vote on the House Floor. Please contact your lawmakers by using the ...

Colorado: Semi-Auto Ban Introduced in General Assembly

Wednesday, February 14, 2024

Colorado: Semi-Auto Ban Introduced in General Assembly

Anti-Gun extremist State Reps. Tim Hernandez (D-04) and Elisabeth Epps (D-06) introduced House Bill 24-1292, a bill banning the manufacturing, importing, purchasing, selling, offering to sell, or transferring ownership of so called “assault weapons”. 

Utah: Governor Cox Signs Legislation Protecting Financial Privacy of Gun Owners!

Thursday, March 14, 2024

Utah: Governor Cox Signs Legislation Protecting Financial Privacy of Gun Owners!

Today, Governor Spencer Cox signed HB 406, legislation that provides important financial privacy protections for gun owners when purchasing firearms, firearm parts, and ammunition. The NRA would like to thank Governor Cox for signing this ...

Idaho: Legislative Update- Big Wins in the Gem State

Thursday, March 14, 2024

Idaho: Legislative Update- Big Wins in the Gem State

There have been big wins in the Gem State this week for the Second Amendment! Anti school carry bill is stopped in its tracks in committee and multiple pro-guns bills are on the move in ...

Washington Post’s Somewhat Pro-Gun Column Inadvertently Exposes Problem with Mandatory Storage Laws

News  

Monday, March 11, 2024

Washington Post’s Somewhat Pro-Gun Column Inadvertently Exposes Problem with Mandatory Storage Laws

We generally don’t expect to see the Washington Post say anything positive about firearms or law-abiding gun owners, although there are occasional Op-Eds from pro-Second Amendment lawmakers, unbiased researchers and Constitutional scholars, and the like.

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

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.