Washington Democrates Pass Rifle Ban Bill, 10-Day Gun Buy Wait

WA Appeals Court Unanimously Upholds Preemption in SAF Lawsuit, iStock-884168778
Washington House Democrats have pushed through a semi-auto ban and training requirement for gun purchases; The bills now go to the State Senate. iStock-884168778

Washington State House Democrats have used the cover of two successive night votes to pass legislation banning the future sale of so-called “assault weapons” and a requirement that all gun buyers show proof of firearms safety training within the past five years, and endure a 10-day waiting period.

Evergreen State gun owners are furious and will focus their attention on the state Senate, where they hope to stop both measures.

At the same time, they are also trying to prevent Senate Bill 5078 from passing in the House. This measure is aimed at encouraging lawsuits against the firearms industry. A hearing on the bill was held Tuesday morning before the House Committee on Civil Rights & Judiciary. This legislation will almost certainly be challenged in court if it passes as a violation of the federal Protection of Lawful Commerce in Arms Act.

If the gun ban passes, it may be short-lived depending upon federal court action in California and Maryland, where such bans are being challenged by the Second Amendment Foundation (SAF) and Firearms Policy Coalition and, specifically in Maryland, the Citizens Committee for the Right to Keep and Bear Arms (CCRKBA).

According to the Seattle Times, Democrat Gov. Jay Inslee was in the House chamber, watching the vote on House Bill 1240, which turned out 55-42, with some Democrats crossing the aisle to vote with Republicans against the measure. The vote occurred “shortly before 8:30 p.m.,” the Times report noted. Times readers are reacting predictably, with many opposed to the ban and others supporting it.

Inslee, an anti-gunner since his time in Congress, reportedly shook hands with members of the Seattle-based Alliance for Gun Responsibility, a billionaire-backed gun prohibition lobbying group that has been pressing for the ban for several years.

“This is a very important vote. It is something that I’ve believed in since 1994 when I voted to make this federal law,” Inslee said.

He reportedly stated passage of the legislation signaled the “NRA’s lock on Washington” had been broken by the Democrat-controlled Legislature.

The measure bans the future sale, manufacture and transfer of so-called “assault weapons,” which are actually modern semiautomatic sport/utility rifles, and the most popular rifle in America today, gun rights activists contend.

The vote on semi-auto rifles came one day after House Democrats also pushed through an amended version of Engrossed Second Substitute House Bill 1143, also on an after-dark vote. A provision in the original bill to require a permit-to-purchase was removed Tuesday night, but remaining are the waiting period and a mandate to show proof of firearm safety training within the previous five years.

The training requirement could face a legal hurdle, as gun rights activists contend it amounts to an “impairment” prohibited by the state constitution, which says in part, “The right of the individual citizen to bear arms in defense of himself, or the state, shall not be impaired.” They also argue it is an “infringement,” running afoul of the Second Amendment, which was incorporated to the states under the 2010 Supreme Court ruling in McDonald v. the City of Chicago, a SAF case.

It is the first time legislation banning semi-auto rifles has gotten past one chamber of the Legislature. The bill is supported not only by Inslee but also by Attorney General Bob Ferguson, also a Democrat.

KCPQ News, the Seattle-based Fox News affiliate, quoted HB 1143 sponsor Seattle Democrat Rep. Liz Berry. She claimed the measure “will save lives,” citing unidentified research that suggests waiting periods “reduce gun violence.”

“Research shows that delaying a person in crisis from obtaining a firearm can be the difference between life and death,” she reportedly stated. “And over half of suicides in the U.S. are done by firearms. That’s why this cooling-off period is so important.”

Meanwhile, the Seattle Times noted that if HB 1240 becomes law, it will make Washington the ninth state to ban semi-auto rifles. The bill specifically identifies more than 50 firearms that would be banned from future sale in the state. The measure would take effect immediately.

The fact that the bill was passed well into the evening has ignited a spirited discussion on the Washington 2023 Legislative Action Group’s Facebook page. This group has more than 12,000 members.

Passage by the House reinforces the notion that Democrats are “the party of gun prohibition.” They used to be known as the “party of gun control,” but their activities in several states has firmly taken the party agenda to a higher level.

Republican State Rep. Jim Walsh of Aberdeen is a leading opponent of these gun control measures, which local media persist in calling “gun reform” bills. He predicted legal challenges, which is almost guaranteed, considering that Washington State is home to both SAF and CCRKBA.

Walsh is not the only critic. As noted by the Times, Rep. Joel McEntire of Cathlamet ripped the legislation for focusing on guns rather than criminals.

“We don’t have a problem with rifles,” he stated. “We have a problem with moral decay.”

Rep. Travis Couture of Allyn countered one of the favorite arguments of the gun prohibitionists that semi-auto rifles are “weapons of war.” He argued they are not weapons of war, and reminded his House colleagues that these semi-auto rifles are “the most popular firearms in our society.” Some estimates place the number of such rifles in private ownership above 24 million, and that could include tens of thousands in the Evergreen State.

Days ago, a bill that would have repealed state preemption died in committee, while the state Senate passed legislation—Senate Bill 5078—that will open the door to lawsuits against the firearms industry. If this becomes law, it will almost certainly be challenged in federal court on the grounds it violates the federal Protection of Lawful Commerce in Arms Act, signed by former President George W. Bush. SB 5078 is now in the House for consideration.

 


About Dave Workman

Dave Workman is a senior editor at TheGunMag.com and Liberty Park Press, author of multiple books on the Right to Keep & Bear Arms, and formerly an NRA-certified firearms instructor.

Dave Workman

Dave Workman
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Bigfootbob

Thanks Dave. It is very challenging living in this state. The arrogance of ignorance and the near terminal aspects of cognitive dissonance infects every single libtard in this state. Quite infuriating.

Westerner

Bob, I feel your pain. My wife is from Spokane and we lived there for 2 years. We got out in 2005 and moved back to the free state Montana. The previous year, the Democrats promised that a vote, raising the gas tax would get the roads in eastern Washington repaired. Well as usual, they lied and all that money went to Seattle. You can’t trust them. I hope that the “Greater Idaho” movement rips all those voters and especially, money away from the “left coast.”

Bigfootbob

Funny you should mention that particular bill. I remember it well. I was a board member of the Kitsap County Republican Party back then. One of the state GOP representative’s from the 23rd District, one of the 3 legislative districts in Kitsap County, Bev Woods, cosponsored that POS bill. The truth was, they wanted the .05 cents per gallon not for road equity with Eastern Washington but it was designed for the majority of the funds to be siphoned off for the Washington State Ferries because of the Growth Management Act forcing Seattle growth into Kitsap. You know what the… Read more »

uncle dudley

Democrat Rep. Liz Berry said this new law will save lives, she is talking about saving lives when she supports abortions and she has done nothing to stop all the Fentanyl deaths.
What a two faced person she is, but after all, she is a democrat.

Toxic Deplorable Racist SAH

I recently read another meme that dealt with the “weapons of war” trope….

You say that semi-auto AR15s are military weapons of war;
Then you tell us that those same rifles are useless against the military with their tanks, planes and bombs.
Well? Which is it?

BigRed

This will not stop until the supreme court issues cease and desist and orders the US Marshals service to arrest state’s attorney generals for flagrantly disobeying constitutional law and infringing on US citizens rights if they do not heed those cease and desists. Law is only law if it is enforced… Constantly litigating established laws is a scheme to assert legality but to never have the rule of law in actual practice… Our government and judicial system is a joke… The constitution is used as a phony cover for authortarian technocracy. It’s all an illusion.

Last edited 1 year ago by BigRed
totbs

The SC has no enforcement arm. That order would have to come from the DOJ, I think. Good luck there. Until politicians can be held personally liable for willful violations of the Bill of Rights, it’ll never stop.

Oldman

Absolutely no surprise here in Washington. I doubt Inslee has ever fired a gun and I don’t think he ever will. It might just jump out of his hands, turn and shoot him in the face. At least that would be an improvement in his looks.

USMC0351Grunt

This statement, “semi-auto rifles are “weapons of war.” THIS is that, “FAAFO” action and it appears THAT is exactly what these idiot “prohibitionists” want!

Rowboat

I’m convinced that this type of legislation is designed to empty the war chests of the pro gun organizations that fight them in court – death by a thousand cuts philosophy. They continue to pass legislation that they KNOW will be challenged as unconstitutional, but THEY DONT CARE!! After all, it’s not THEIR money that’s being used to defend their bogus legislation, it’s YOURS! Conversely, our side depends on private funding ( donations) to fight these frivolous attacks on gun rights. So , it’s a win win outcome for the antis whether they prevail in court ( unlikely) or fall… Read more »

Last edited 1 year ago by Rowboat
American Cynic

Forgive me for being a dolt, but The Second Amendment to the United States Constitution protects the right to keep and bear arms and was ratified on December 15, 1791. Washington became the 42nd state of the United states on November 11, 1889; the 2nd Amendment had been on the books for 98 years. That’s long enough for the people of Washington State to come to grips with the constitutionality of this right to bear arms. There is no exception carved out for the type of arms. I can assault someone with a pistol as much as with a rifle.… Read more »

Last edited 1 year ago by American Cynic
Westerner

This may have been asked before, but why are the “billionaires” sponsoring anti gun bills? Actually, I believe that I know the answer and I’d like to hear it from someone else.

Rowboat

Hey, SCOTUS , these politicians seem to be ignoring anything you say ! I suggest that all of you Justices line up , hike those robe’s up and give them a good mooning !
That should make them worried !!!

totbs

I sure hope SAF jumps on this like yesterday. After all, they’re based here in Bellevue,WA. It seems at times that they are more active in other states, than they are right here in WA.

Zhukov

What should happen to the legislators who pass these unconstitutional laws is that they should all be charged and prosecuted for civil rights violations. The Supreme Court has already decided in several cases that laws of this type are not constitutional yet these pillocks still pass them into law.

chiefton

I still believe that we have to stop leaning back on our heals and start going offensive at every turn. Not with violence but rather sue every politician who votes for these bills for conspiracy to violate the Constitutional Rights of gun owners. As soon as it is overturned as violating gun owner rights, the law suits should be filed. $1 million against each politician who voted or signed this law along with $100 million against the Alliance for Gun Responsibility group. Use any money awarded as seed money for other suits.

Rowboat

Seems that the fly in the ointment here is that legislator’s have “ qualified immunity “. So that they can continue to wave a big middle finger in your general direction.

Wild Bill

Good report, Dave. I also enjoyed “We’re Up Against Loons!” in the May issue of GUNS Magazine. Good humor blended with serious 2nd Amend defense tactics!!

USMC0351Grunt

WB, thank you for bringing this article to my attention, and Mr. Workman, thank you for writing it. A most excellent and descriptive display of the reality that often times takes place at meetings all across the U.S. and the more valuable suggestion(s) about letting them scream until they tire themselves out. I try to utilize the technique of speaking more quite than normal so that the opponents have to lean in and pay attention to what I am saying. It drives them deeper into Looneyville!

Wild Bill

Avec plaisir!

PrecisionInstrument

The article neglects to clarify that HB 1240 bans shotguns, pistols, rifles, and parts, making it the broadest ban in the United States. 1240 should be referred to as the “WA Modern firearms, safety and repair parts ban of 2023, covering shotguns, pistols, rifles, and parts”. We should never refer to these assaults by any anti-rights brand names like “semi-auto rifle or assault weapons ban”. If we accept the false branding, we concede to the FUD campaigns that scare, confuse, and mislead voters, and drive funding for increasingly broad assaults on natural, State, and Federal constitutional rights of all law-abiding… Read more »

Chumley

When are the IDIOT VOTERS and POLITICIAN’s going to learn that GUNS don’t kill people ITS the IDIOT CRIMINALS and DEMOCRATIC policies that are killing people and when are the IDOIOTS going to quit voting for these LOUSY DEMOCRATS who don’t have a clue how to manage in politics? QUIT VOTING THESE IDIOT MORONS INTO OFFICE, JOE BIDEN should prove to you to stop voting for DEMOCRATES since he has shown the kind of job that DEMOCRATS are capable of.

Toxic Deplorable Racist SAH

Sounds like the people who like to conduct The Peoples’ Business in the dark of the night, need to be visited by The People in the dark of the night. With pitchforks, torches, Molotovs and rocks.
They shouldn’t complain TOO much, after all, you’re only having a “mostly peaceful protest”, the same as was done just a couple of years ago to the downtown businesses.
And if THEIR house burns down? Oops. Too bad, so sorry. Rebuild again.

Logician

One of these days, and I have no idea when it will come, but some day enough people will realize that the entire legal system with all of the criminals running it don’t have to be taken seriously at all. And then it will go out of business! Yes, the legal system is a business, just like any KFC store or Walmart or any other place that seeks to turn a profit off of selling some kind of goods or services. That is why every courtroom in America is listed in Dun & Bradstreet!! WHAT compels us to do any… Read more »