From the news - Washington State

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Over 1,000 Gun Owners Violate Washington’s I-594 - In Front Of Police!

Fed up with the passage of an 18½-page incoherent, rambling, unconstitutional gun control initiative that was bankrolled by billionaires, gun owners across Washington state held the largest felony civil disobedience rally in the nation’s history, brazenly titled “I Will Not Comply.”
Original story-
http://townhall.com/columnists/rach...ons-i594in-front-of-police-n1931759/page/full


You can read that and parallel stories on the news. I don't know if it qualifies as a banned "political" item on the Forum or not but news is news, I didn't edit or add a thing.

***GRJ***
 
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Excellent, I applaud and support their action and I'm prepared to join their ranks. Unconstitutional legislation must not be permitted to stand.
 
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Several people openly "transferred" firearms to other people. Some of the transfers were intended to be temporary. The legality of "temporary" transfers is still in question. However, some people openly sold firearms to other people, without a background check. A transaction that would not be temporary. Clearly in violation of the law. There were several law enforcement officers present who could not help but see these transactions taking place. No person was arrested.
So, I-594 closed the so-called "gun show loophole", and obviously created the new "state capitol loophole".
 
KOMO radio broadcast an interview with the Lewis County Prosecutor in which he said he would not prosecute violations of I-594 other than continuing to prosecute sellers who knowingly sell guns to felons. However, Lewis County is famously Republican. I anticipate King County will prosecute violations of I-594. I hear that police departments have not yet formulated guidelines so officers are holding off until they receive instructions. Lots of shooters are ignoring I-594 until they observe its enforcement.

I-594 makes such a shocking change in Washington culture that gun people are rationalizing that its restrictions on transfers couldn't have become law but reading the text of I-594 published in your voting pamphlet makes it clear this is incorrect.

[...] The legality of "temporary" transfers is still in question. [...]

In I-594 there is an exception allowing temporary transfers to defend against an immediate threat but it states the gun must be promptly returned as soon as the threat no longer exists. Why would that be in the law if the law did not prohibit temporary transfers that are not covered by exceptions?

I-594 also writes that each gun transferred must be charged as a separate offense and that the second offense is a felony. Worse, old Washington law has a mandatory 5 year sentence for possessing a firearm during the commission of a felony.

There's no way to know how much of I-594 will survive court challenges or which portions will not be enforced but that does not make it prudent to put your freedom at risk.
 
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God Speed to Washington gunowners and pro 2nd Amendment Law Enforcement. This is "the just say no" approach to Bloombergs bought and paid for liberal lawmakers gun control.
I hope this is alarming to those of us who said, it cant happen here, or, they wont ever do that.
We must all support the efforts to repeal Washingtons unconstitutional gun laws and be willing to defeat them in every state before we are all decree`d felons by the anti-gun crowd.
 
In I-594 there is an exception allowing temporary transfers to defend against an immediate threat but it states the gun must be promptly returned as soon as the threat no longer exists. Why would that be in the law if the law did not prohibit temporary transfers that are not covered by exceptions?

"Sec 3. (4)(c) A temporary transfer of possession of a firearm if such transfer is necessary to prevent imminent death or great bodily harm to the person to whom the firearm is transferred if:
(ii) The person to whom the firearm is transferred is not prohibited from possessing firearms under state or federal law;"

"Sec 4. (2) ...for sales and transfers of pistols if the purchaser or transferee does not have a valid permanent Washington driver's license or state identification card or has not been a resident of the state for the previous
consecutive ninety days, then the time period in this subsection shall be extended from ten business days to sixty days."

I once worked with a pretty young lady who was estrange from her spouse. She and her daughter moved into the area from out of state to get away from the said spouse because he had physically threaten her with a firearm.

Under this law, no one would be allowed to loan her a firearm, even under emminent threat because she would not have been a resident of the state; hence, would not be under the exception list above. This is not an extraordinary rare case. How many people move into a new state and try to meet people only to find that special someone who turns out to be a monster? "He was such a nice person when I first met him."

What is the limus test for a person "is not prohibited from possessing firearms under state or federal law" under the specific exception mentioned? Since state law now requires a background check, lacking prescience, how do determine if a person can pass a background check? Answer: with a background check.

Hence, an exception to a background check requires a background check.
 
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This is exactly the sort of active peaceful civil disobedience that is required to overcome the excesses of the gun banning crowd. Public, peaceful, with the clearest possible communication of the message that "we will not comply".

If it should come to pass that the powers that be start actively enforcing these unconstitutional laws the next step will be for everyone charged with an offense to plead not guilty, demand a trial by jury, refuse any negotiated settlement (plea bargain), and simultaneously file federal civil rights lawsuits. If the gun banners push this we need to completely shut down the court system with hearings, trials, appeals, and lawsuits.

Approximately 100 million Americans legally possess approximately 400 million firearms. If only 1 percent refuse to comply, 1,000,000 are arrested and charged, go to trial and appeals, and file civil suits that would amount to hundreds of millions of hours of court time.

There is no jurisdiction in the United States that has excess jail space to house new prisoners. If each person charged refuses to post bail and refuses to accept any terms of pretrial release (service of summons, promise to appear, etc), the authorities will have to start thinking about which offenders to release (misdemeanors, felonies, crimes of violence, bail jumpers, career criminals, etc) in order to jail these people. If each person jailed requires a few doctor's appointments, dental appointments, prescription medications, etc (all at public expense while incarcerated) the expenses will become huge immediately.

If each person charged enters a plea of not guilty and demands a jury trial the courts will be swamped with a wave of hearings and trials. Jury selection alone can take a day or more, during which every other case pending on the court docket must be continued, plea bargained away, or dismissed. Each trial can easily consume a couple of days of the court's time (not to mention pretrial motions hearings, etc), so dozens and dozens of other cases would have to be postponed, settled, or dismissed in order to proceed. Keep in mind that each case must be prosecuted within a legally defined time constraint, so the pressures will build exponentially.

If every person convicted refuses to pay any fines or court costs and refuses to accept any terms of probation, the only alternative is imprisonment. I don't recall hearing of any prisons having much open space; in fact, we read all the time about early releases to deal with prison overcrowding.

If every conviction results in appeal the appellate courts will also become overloaded. Appeals must also be heard within legally defined time constraints. Even when an appeal is not successful there will be another avenue for appeal opened up (state court of appeals, state supreme court, US district court, US court of appeals, US supreme court), and none of these entities is suffering from a lack of workload right now.

A federal civil rights lawsuit in every case would be dealt with in a court system that already sees cases lingering for 3 or 4 years, and only limited ability to hear a fraction of those on the docket. Again, even if unsuccessful there are avenues of appeal up the chain.

Even though lawmakers, prosecutors, and law enforcement officers are usually immune from lawsuits for official acts within the scope of their statutory duties, each official involved can still be sued under a claim of exceeding statutory and constitutional authority. While such lawsuits remain active within the system some of them might find out how difficult it can be to get a mortgage loan, finance a new car, obtain student loans for their kids' educations, and so forth while their credit reports show one or more pending multi-million dollar lawsuits seeking individual judgments.

Now would be a good time for us to begin organizing within each state, setting up funds for legal defense and support of those dragged into the system, negotiating retainers with law firms, perhaps even setting up scholarships for law school students to specialize in 2nd Amendment issues and provide future representation in return for financial support of their educations. No reason why we couldn't have law firms in every state ready, willing, and able to take on every new case and fight it tooth and nail.

A hundred million gun owners should include several million with the means and willingness to contribute a few bucks per month each to build a war chest for the future. Hundreds of businesses now doing millions of transactions annually with firearms enthusiasts could set up a program like the NRA's "round up" with a small amount from each transaction donated into the defense fund (not only would I be willing to do that, I would be willing to donate a bit of each transaction from each transaction as well, perhaps a matching amount of each customer's contribution sort of thing).

The time to move on these things is now, not after the big push of enforcement takes place. In addition to the "I will not comply" message we should be throwing down the gauntlet and publicly announcing that every single case will be defended and litigated to the fullest possible extent. Those who would actively impose such prosecutions need to understand up front that it won't be a simple matter of pitting government agencies against individuals of limited means, but a matter of committing huge amounts of their budgets for each new case brought, and with absolutely no possibility of any return.

Eventually the majority of prosecutors, judges, legislators, and congress critters would be crying "They will not comply and we can't make them".
 
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