I've been pissed ever since the elections...
I've been slowly seething also. I've read I-594 twice and I seen a few loopholes which could be used against anyone. Here's a few items and I apologize for the long post but it feels like a lifelong rant.
Sec 5. (2)(b) "However, a chief of police or sheriff, or a designee of either, shall continue to check the department of social and health services' electronic database ..."
This gives the chief of police or sheriff the legal ability to keep tabs on gun owners without a warrant. What happens when you give up/sell your firearm(s)? They can still keep track of you.
Sec 8. "The department of licensing shall have the authority to adopt
rules for the implementation of this chapter as amended."
This gives the dept of licensing a free pass to adopt new rules to implement I-594 without any oversight.
Sec 5 (b) "The dealer is notified in writing by the chief of police or the sheriff of the jurisdiction in which the purchaser resides that the purchaser is eligible to possess a pistol under RCW 9.41.040 and that the application to purchase is approved by the chief of police or sheriff"
Two conditions must exist; 1. eligibility and 2. chief of police or sheriff approval. One person can deny you purchasing of a firearm without a court order, deny your 2nd amendment right.
Sec 5 (4)(e) "if the records of disposition have not yet been reported or entered sufficiently to determine eligibility to purchase a pistol, the local jurisdiction may hold the sale and delivery of the pistol thirty days in order to confirm existing records in this state or elsewhere. After thirty days, the hold will be lifted unless an extension of the thirty days is approved by a local district court or municipal court for good cause shown."
Sec 4 "a licensed dealer may not deliver any firearm to a purchaser or transferee until the earlier of:...(2) Ten business days...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."
If either of these condition exists...
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:"
does not apply for up to 60 days because
Sec 3 (4)(c)(ii) "The person to whom the firearm is transferred is not
prohibited from possessing firearms under state or federal law;"
Its basically says treat people as guilty until they can prove innocence. I can think of two senario where this could be deadly. One is a person escaping an estrange relationship, moves into the state and wants to buy a gun to protect themselves. They will pass the NICS but won't pass WA gun laws. Remember, this now encompasses not only ftf and gunshow transfers but FFL dealer transfers.
The second senario would be any snafu in filing by the clerk or a backup then that person is ineligible for up to 60 days. Noone is allowed to lend a firearm to them. I wonder how many estrange relationships 'incidents' happen within 60 days of break-ups?
It also works in the opposite direction. If you can't pass a NICS check, it doesn't matter if you are eligible under WA gun laws. I-594 requires the ability to pass both. Now, other states dictates if a WA resident may own a firearm.
Well, you know how I feel about this law.
