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Washington: Gun Ban Bills Fail Crossover Deadline

Wednesday, March 13, 2019

Washington: Gun Ban Bills Fail Crossover Deadline

Today, March 13th at 5:00PM, was the cutoff deadline for all bills to be voted out of the chamber in which they originated.  Having failed to receive a floor vote, the following bills are likely dead for this year. 

The Substitute to Senate Bill 5062, sponsored by Senator Patty Kuderer (D-48), and House Bill 1068, sponsored by Representative Javier Valdez (D-46), were filed at the request of Attorney General Bob Ferguson.  SB 5062 would have banned the possession of ammunition magazines with a capacity greater than 10 and HB 1068 would have banned those greater than 15.  They would have encompassed the standard capacity magazines for many handguns and rifles commonly owned by law-abiding citizens for self-defense.  SB 5062 would have required that those who owned non-compliant magazines prior to the ban would only be allowed to possess them on their own property and in other limited instances such as at licensed shooting ranges and nationally sanctioned sport shooting events.  These magazines would have had to be transported unloaded and locked separately from firearms and stored at home locked, making them unavailable for self-defense.

Senate Bill 5174, sponsored by Senator Guy Palumbo (D-1), would have increased the time, cost, and government red tape that law-abiding adults must go through in order to obtain a Concealed Pistol License by requiring a mandatory training course that meets arbitrary standards.  Adding additional barriers to law-abiding citizens who wish to exercise a constitutional right would not improve public safety.  Concealed carry permit holders have consistently demonstrated themselves to be one of the most law-abiding segments of the population in Washington and across the country.  Hindering them from being able to defend themselves and their families would not affect criminals who do not obey the law.

Senate Bill 5745, sponsored by Senator Marko Liias (D-21), would have expanded Washington’s existing Extreme Risk Protection Orders (ERPO) to allow Second Amendment rights to be suspended for individuals alleged to make certain threats by third party accusers with little, if any, real evidence and limited “due process” for the respondent.  Hearings for the orders would have been ex parte, where the respondent would not have been present to challenge the accuser and defend against allegations made against them.  The issuance of an order would have immediately prohibited the respondent from exercising their Second Amendment rights.  The Right to Keep and Bear Arms should not be treated as a second-class right and should only be restricted consistent with the constitutional requirements of due process.

House Bill 1010, sponsored by Representative Tana Senn (D-41), would have allowed the Washington State Patrol to destroy forfeited firearms rather than raise funds by selling them to licensed firearm dealers.

However, several anti-gun bills did receive a floor vote and passed their chamber of origin, and are still alive for the session.

House Bill 1225, sponsored by Representative Laurie Jinkins (D-27), would require law-enforcement to seize firearms and ammunition when they are called to the scene of an alleged domestic violence incident and hold them for at least five business days.  This would result in property being confiscated without first going through due process and subjecting citizens to bureaucratic red tape to get their property returned. 

House Bill 1465, sponsored by Representative  Roger Goodman (D-45), would require CPL holders to undergo a state background check on handgun purchases instead of the instant NICS check that is currently being conducted as a courtesy by the FBI.  Unfortunately, beginning July 1st, the FBI will no longer be conducting these courtesy NICS checks for CPL holders.

House Bill 1786, sponsored by Representative Laurie Jinkins (D-27), would expand firearm seizures to a wider range of protective orders with little to no due process, and in some cases, would remove a judge’s discretion as to whether to impose firearm restrictions upon respondents of protective orders.

Senate Bill 5027, sponsored by Senator David Frockt (D-46), would expand Washington’s existing Extreme Risk Protection Orders (ERPO).  It would affirm that the ERPO can be issued against minors while also infringing upon the self-defense rights of law-abiding parents or others in the household without due process.  

Senate Bill 5181, sponsored by Senator Kuderer, would suspend Second Amendment rights without due process for six months from individuals who are admitted for a 72-hour mental health evaluation, but who are not subsequently involuntarily committed.

The Substitute to Senate Bill 5434, sponsored by Senator Claire Wilson (D-30), would increase the areas where law-abiding citizens are prohibited from possessing firearms, including holders of a Concealed Pistol License (CPL) carrying a handgun for self-defense.  It would mandate that child care facilities be “gun-free zones” where law-abiding citizens would be unable to defend themselves and their loved ones against criminals who simply ignore such arbitrary boundaries.  In addition, they would be required to post signs indicating their “gun-free zone” status.

In addition, pro-gun legislation, House Bill 1934, also passed its chamber of origin and will be advancing.  Sponsored by Representative Michelle Caldier (R-26), HB 1934 would allow military members who are stationed or assigned out-of-state to renew their CPL by mail.

Thank you to all the NRA members and Second Amendment supporters that attended committee hearings and contacted legislators.  While your NRA is at the Capitol on a daily basis throughout the session, it is your continued involvement that makes the difference.  Please stay tuned to www.nraila.org and your email inbox for further updates on these bills and others affecting our Second Amendment rights in Washington.

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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.