Washington: Due Process Violation Legislation Heard in House Committee

Earlier today, the House Judiciary Committee held a public hearing on House Bill 1384. This legislation would amend the existing statutory framework for “Sexual Assault Protection Orders” to authorize a new “permanent” order, with no expiration date.  Once issued by a court, the permanent order results in a firearm prohibition and loss of Second Amendment rights for the duration of the order.  If passed, HB 1384 could prohibit a person subject to a permanent order from possessing guns for life, even if the person has never been charged with or convicted of a crime.

HB 1384 is an egregious bill that opens the door to the permanent loss of one’s Second Amendment rights. Please contact members of the House Judiciary Committee and urge them to oppose the proposed legislation!

Current state law allows a petitioner to obtain a “sexual assault protection order” for a period of up to two years, based on an allegation of “nonconsensual sexual conduct.” After the maximum two years, any order may be renewed.  These orders, which are issued based on a non-criminal standard of proof, disqualify the person subject to the order from possessing a firearm while the order is in force. House Bill 1384 would amend the current law by removing the two-year time limit and allow for “permanent” orders to be issued.

In addition to allowing the court to issue a permanent order, the bill would authorize unlimited renewals of orders issued for shorter periods unless the subject person “proves” to the court that there had been a “material change” in circumstances since the order was initially issued.  This creates a presumption of “renewals by default” – it reverses the process from one in which the petitioner must establish the need for a continuation of the order, to instead, one where the subject of the order must prove to the court’s satisfaction that the order is no longer justified.

Again, please click the “Take Action” button above to contact members of the House Judiciary Committee and urge them to oppose House Bill 1384.