Washington I-1639: Dumbest Gun Control Initiative Ever

1997 ballot initiative writers: Let's put together a huge intrusive ballot initiative which will severely impact gun culture in Washington state if it passes. But even if it doesn't, it is so extreme it will kill gun control efforts in the state for 20 years.

2018 ballot initiative writers: Hold my beer.

I moved to Washington state in 1997, just in time to join the fight against I-676. 676 tried to enact a handgun licensing scheme which would have drastically impacted the gun culture of Washington state. As a previous blog post noted (link), Washington state is a politically moderate but VERY gun friendly state. I moved here in the expectation that I-676 would fail and it did, losing by a 71% to 29% margin.

21 years later, an even more obnoxious gun control initiative is on the ballot. As in 1997, proponents are trying to sell the restrictions in this initiative as "modest" and "not intrusive". And again in 2018, we can see through their dissembling.

Typical signature gatherers for this initiative. Not at all deceptive. Look away

I-1639 is an incompetently written initiative, apparently created by randomly cutting and pasting from a handful of legislation REJECTED by a Democrat-controlled legislature this year. It was promoted by Washington's so-called "Attorney General," who smugly admits that he spends a lot of his time at work looking for flimsy reasons to sue the Federal government....apparently because his budget is excessive and he doesn't work for the state or something? The format of I-1639 is so blatantly illegal that a judge in Thurston County removed it from the ballot. Unfortunately, the state Supreme Court decided that its job is not to adjudicate the law and put it back on the ballot.

Here's a news flash, guys: maintaining respect for the rule of law and its impartiality is actually pretty damn important. You have compromised that severely.

Let's look at all the problems with this bloated, incoherent initiative:

It classifies ALL semi-auto rifles as "assault weapons", rendering them susceptible to future legislative attacks. Every single rifle. That will get the hunting crowd's attention, especially when they go to buy a Browning BAR or pedestrian .22 and there's a 10 business day waiting period.

OK, now say you're a hunter concerned about being made to wait two weeks to take possession of a rifle, for no good reason. You might think that your Concealed Pistol License might allow you to bypass the waiting period, like it does for handgun purchases. No such luck.

Here's one subtle and very ugly bit that isn't being talked about very much. I-1639 also requires that you complete an approved safety class before you can buy that hunting rifle. However, the content and availability of that course are not spelled out in the initiative. It could take months or even over a year for the courses to be approved and made available. So there could be an indeterminately long complete ban on the sale of ALL semi-auto rifles throughout the state.

Does that still sound like a moderate law to you?

Then there's the part where buying that rifle means that the state can invade your health privacy for the rest of your life. When I call older folks, that REALLY gets their attention. It also worries a lot of people who have been treated for PTSD or depression.

Then there's the small matter of denying 18-20 year olds who may be living on their own the right to effective self defense weapons. Remember that they already can't buy handguns.

The initiative purports to enact safe storage requirements. That means that either you will be expected to keep your gun locked up at all times (and therefore useless for purposes of self defense) or be held criminally responsible if Joe Recidivist Felon steals your gun and uses it in a crime.

And what is the whole alleged point to this incoherent jumble of bad ideas? Controlling "assault weapons", which are so rarely used to commit violent crimes (link) that people with knives are more of a threat to you. Or people with hands and feet.  

Gun owners realize how toxic this initiative is and oppose it. The gun community hasn't been this motivated and pissed off since 1997.

The large state law enforcement organizations all oppose this initiative:
Washington State Patrol Troopers Association
Washington State Sheriff’s Association
Washington Council of Police & Sheriffs
Washington State Law Enforcement Firearms Instructors Association

I think I-1639's advocates have bitten off a lot more than they can chew.

Why I-1639 Must Fail

If I-1639 Vote is No	If I-1639 Vote Is Yes
Bob Smails, a repeat felon, buys a semiautomatic rifle and uses it to kill a clerk and a customer while robbing a convenience store.	Bob Smails, a repeat felon, buys a semiautomatic rifle and uses it to kill a clerk and a customer while robbing a convenience store. Nothing changes here. Criminals do not obey gun laws.
Disabled 20 year old veteran Latisha Robbins lives in an area with a significant crime problem due to persistent financial difficulties. Too young to purchase a handgun, she purchases a light AR15, a firearm with which she became familiar during her military service. When drug addict Jerry Randall breaks into her home, he hurriedly flees when Latisha points the rifle at him and click off the safety.	Disabled 20 year old veteran Latisha Robbins lives in an area with a significant crime problem due to persistent financial difficulties. Too young to purchase a handgun or an effective rifle for self defense, she is forced to hope that police officers respond in time to her 911 call. When drug addict Jerry Randall breaks into her home, what he does to her causes the responding officer to cry in his wife’s arms, after finding Latisha's body.
Retired bookstore owner Jerry Rodriguez has been planning for a hunting trip across the country for over a year. Two weeks before departure, he is sighting it in at the range and accidentally drops it, badly damaging the action. Chagrined at this misfortune, he is still able to purchase a used Browning BAR hunting rifle from a store that conducts a background check before selling it to him. The rifle is sighted in and his hunting trip is saved.	Retired bookstore owner Jerry Rodriguez has been planning for a hunting trip across the country for over a year. Two weeks before departure, he is sighting it in at the range and accidentally drops it, badly damaging the action. Chagrined at this misfortune, goes to his local gun store and tries to purchase a used Browning BAR hunting rifle from a store. Despite his clean background and possession of a Concealed Pistol License (which would exempt him from a handgun waiting period, though not a redundant background check), Jerry is unable to purchase the BAR. I-1639’s 10 BUSINESS DAY waiting period does not exempt CPL holders. It also requires proof of having completed a training course….without specifying the contents of that course, who will offer it and requiring that it be reasonably prices an accessible to all. Law enforcement officers are also governed by this completely undefined process.
Bob Kowalski loses his 70 year old mother to cancer, just before Christmas. It has been a hard year for Bob, who is recently divorced, and he finds it difficult to keep depression at bay. However, he finds solace in competitive shooting and finds a good therapist who has Bob use a mild dose of an anti-depression medication for a year. Fortunately, he ultimately overcomes the depression.	Bob Kowalski loses his 70 year old mother to cancer, just before Christmas. It has been a hard year for Bob, who is recently divorced, and he finds it difficult to keep depression at bay. However, he finds solace in competitive shooting and finds a good therapist who has Bob use a mild dose of an anti-depression medication for a year. Fortunately, he ultimately overcomes the depression. Unfortunately, a couple years later the state legislature adds every person who has ever used any amount of anti-depression medication to the list of persons unable to legally own any firearms. Bob’s purchase of a rifle under I-1639 gave the state the means to circumvent HIPAA’s privacy protections and access his medical records at any point in the future. As a result of his brief anti-depressant use, all of Bob’s firearms are confiscated. Another consequence of this is that a large number of people battling depression avoid seeking help to deal with that depression and even suicidal thoughts. Some end up taking their own lives.
Anne Holms is a former single mom whose kids have grown and moved away. She keeps a pistol for self protection and is conscientious about keeping it locked when she is not using it. Unfortunately, the locked container is stolen from her home during a break-in while she is away.	Anne Holms is a former single mom whose kids have grown and moved away. She keeps a pistol for self protection and is conscientious about keeping it locked when she is not using it. Unfortunately, the locked container is stolen from her home during a break-in while she is away. Under I-1639, Anne is guilty of community endangerment and is prosecuted as a criminal when her gun is stolen and used in a robbery where a clerk is shot.
Washington state continues a precarious financial juggling act, not helped by an Attorney General and Governor repeatedly engaging in spurious, contrived lawsuits against the Federal government.	Washington state continues a precarious financial juggling act, not helped by an Attorney General and Governor repeatedly engaging in spurious, contrived lawsuits against the Federal government. Making matters worse the Attorney General and courts will be untangling this initiative in the courts for decades. For example, the storage requirement is clearly overruled by the storage findings of the landmark Heller case of 10 years ago. It will cost the state millions....paid for by peeved taxpayers.
Cabelas hires 10 additional seasonal employees from early November until just after Christmas.	Cabelas hires less seasonal employees during the holiday season and lays off 2 permanent employees due to the financial chaos wrought by this overly broad and clumsy initiative.
The state legislature continues to occasionally consider firearms laws. As has become virtually a tradition, gun control activists are given prior notice of hearing dates and are bused in and issued color-coordinated orange shirts by out of state financier Michael Bloomberg. They are still outnumbered by gun rights activists who manage to take off days from work on short notice. Little changes.	The state legislature continues to occasionally consider firearms laws. As has become virtually a tradition, gun control activists are given prior notice of hearing dates and are bused in and issued color-coordinated orange shirts by out of state financier Michael Bloomberg. They are still outnumbered by gun rights activists who manage to take off days from work on short notice. However, some things have changed. -          Democrats have decided that it is now open season on gun owners and begin constant efforts to enact ever stricter gun laws, like California does. Washington state gun owners, used to a fairly stable set of laws, are left uncertain from one year to the next which of their guns will remain legal -          Some legislation is passed without real feedback over a weekend, as was attempted in 2018. -          At the same time, the gun owners who up to now have had a huge stake in obeying all laws conclude that there is no point in doing so.
A Note About Washington State Gun culture Washington state is a very moderate and VERY gun friendly state. We have more concealed carry permits per capita than a lot of red states. This is a healthy gun culture, which tolerates moderate background checks (despite their questionable effectiveness), with a strong record of promoting safety and trying innovative approaches to reduce suicides. By not enacting punitive and ill-considered laws, the system that works and works well is maintained.

Washington State Law Enforcement Instructors Association opposes I-1639!

(Shared Post)
IMPORTANT NEWS! This was just released from the Washington State Law Enforcement Instructors Association. They are the the professionals tasked with training all of the other law enforcement officers:

"WSLEFIA Opposes Initiative 1639

Initiative 1639 is being promoted as a public safety measure; those actually working law enforcement know that IT WILL DO NOTHING TO STOP A SINGLE CRIME. This initiative has nothing to do with "assault weapons" and is directed only at our good citizens who already pass multiple background checks before owning a firearm.

The Washington State Law Enforcement Instructors Association (WSLEFIA) opposes Initiative 1639. I-1639 harms law enforcement officers and all citizens of Washington:

I-1639 creates a new crime of "Community Endangerment" and there is NO law enforcement exemption. If a law enforcement officer should fail to secure either a personal or duty firearm as prescribed by I-1639 then that officer may be subject to felony criminal charges. Even a department-issued firearm must be secured with a trigger lock or in "secure storage." The trunk of a patrol car is not specified as secure storage.

I-1639 requires a 10 day wait for law enforcement officers who wish to buy a semiautomatic rifle, whether for personal or duty purposes. There is no exemption for either a commissioned officer or a Concealed Pistol License.

I-1639 requires that law enforcement officers attend a "safety" training class before purchasing any semiauto rifle. There is no exemption for law enforcement commissioned personnel and no recognition of either department or BLEA academy training.

I-1639 would require that a law enforcement officer who sells a semiauto rifle to another officer go to a firearm dealer and pay fees. The purchasing officer must wait 10 days, pass additional background checks, and show proof of "safety" training.

I-1639 targets law-abiding citizens--not criminals--by creating a new law that would make the innocent victim subject to CRIMINAL charges if his firearm is accessed by a prohibited person. The ugliness of shaming and blaming the victim of a crime should never be made law. I-1639 ignores the criminals while attacking the victims of theft.
Law enforcement officers will be made to investigate the victims of crime rather than pursuing the perpetrators of crimes.

I-1639 falsely demonizes all semiautomatic sporting rifles as "assault rifles"--the rifles they wish to deny to the public are the most common sporting and hunting firearms--the type of firearms LEAST likely to be used in crimes--this fact is supported by both FBI and Washington State crime statistics.
Youth rifles, plinkers, collector firearms, hunting and self-defense rifles--if they are semiautomatic, I-1639 will re-classify them as "assault rifles."

I-1639 strips adults under age 21 of their right to self-defense. Law-abiding young adults will no longer be able to possess any modern defensive firearm, neither handgun nor rifle.
I-1639 attacks our safest and best-trained firearm users--licensed and safety trained hunters--by prohibiting the use of modern sporting rifles by those age 18-20.

I-1639 would unlawfully seize semiauto rifles already owned by those under age 21 by prohibiting any possession or use of these rifles at target ranges and for hunting.

I-1639 creates both a literacy test and the equivalent of a poll tax--they call it a fee--to exercise a right guaranteed by both State and Federal Constitutions. You wouldn't accept this for voting or any other right and neither have the courts.

I-1639 delays the LAWFUL purchase of a rifle by 10 days--even after all background checks are passed! A right delayed is a right denied.
I-1639 impairs a citizen's defense their home by requiring that the most effective defensive firearms be locked and inaccessible by the homeowner.

I-1639 creates an unnecessary, costly and ill-considered requirement for government-mandated training that is already adequately addressed by Washington Arms Collectors-provided training, National Rifle Association safety instructors, WDFW Hunter Safety training and private clubs and ranges.

I-1639 creates yet another huge unfunded bureaucracy that will only duplicate the background checks already Federally required. Don't be fooled--the background check system already exists and all semiauto rifle buyers already are required to pass background checks.

I-1639 will prohibit legitimate sales of rifles to fully background checked and Federally-approved purchasers from other states, thus harming all State and Federally licensed firearm dealers.

I-1639 will not stop a single crime or shooting. Criminals are not subject to any of the requirements; only law-abiding citizens go through background checks and they already do so.

I-1639 wrongly burdens our most law-abiding citizens while doing nothing to keep firearms out of the hands of criminals.

"The WSLEFIA finds that I-1639 is an attack on civil rights and is an attempt to marginalize all firearm owners, including law enforcement officers. I-1639 will impair public safety, embolden criminals and impose burdensome restrictions on our most law-abiding citizens."

If We Don't Fight, We Can't Win. And we CAN win!

The NRA is taking the fight against I-1639 into high gear now (link). Yesterday, I spent a few hours at the Washington State Fair in Puyallup handing out information about this madly overreaching initiative. The Democratic party's booth had a life size Barry Obama cutout, which offered whimsical selfie opportunities. 

Working the booth offered some great opportunities for interacting with other gun owners, some of whom weren't aware of all the awful parts of this law: classifying all semiautomatic rifles as "assault weapons", 10 day waiting period for purchase (even with CPL), lifetime surrender of HIPAA protections to the state, vague storage requirements which will make gun owners criminals if their home is burglarized.

While most visitors left fired up to vote this initiative into oblivion, the response of one baffled me. He said that he just doesn't believe in voting anymore and refused to consider even the limited step of registering to vote against this initiative. Even odder, this middle aged guy was wearing a t-shirt with the Star of David on it: if there's one group of people who can articulate what "Never Again" really comes down to, it's the population of Israel who have grown up in the company of Holocaust survivors.

Make no mistake: if a good percentage of gun owners show up and vote, we can beat this awful initiative down even harder than we beat I-676 21 years ago. If we don't even try, if the voting percentage is as lame as it was in the August primaries, the corrupt Olympia government can mount a very serious and devastating attack on what is now a very healthy and safety-oriented gun culture.

The choice is up to you. PLEASE make sure you are registered to vote right away and commit to getting your friends out to vote too. We can beat this initiative decisively but if we don't even bother fighting it, we can't win.

Why would people without the guts to fight a political fight even own guns anyway?