Sheriffs in several conservative Washington counties are refusing to enforce the state’s new restrictions on semi-automatic rifles until the courts rule if the laws are constitutional or not.
The measure in question passed last November raised the minimum age from 18 to 21 to purchase semi-automatic rifles, added expanded gun storage requirements and background checks, and requires buyers to pass a safety course before being granted a license.
Both the Second Amendment Foundation (SAF) and the National Rifle Association (NRA) have filed a lawsuit in federal court arguing along with the sheriffs the measure is unconstitutional.
The lawsuit was filed in U.S. District Court in Seattle by the NRA and SAF arguing the measure violates both the 2nd and 14th Amendments as well as gun sellers’ rights protected by the Commerce Clause. The suit does not take issue with training requirements or background checks.
The Washington state sheriffs serve in twelve mostly rural counties including Franklin, Benton, Cowlitz, Douglas, Grant, Klickitat, Mason, Okanogan, Pacific, Stevens, Wahkiakum, and Yakima. Several local police chiefs have also refused to comply with the statute.
When Washington Attorney General Bob Ferguson moved the lawsuit be dismissed on procedural grounds, NRA lawyers withdrew the case and refiled, adding the state Department of Licensing, the Clark County Sheriff, and the Police Chief of Spokane as defendants.
Sheriff Wade Magers of Lincoln County said 75 percent of voters in his county voted against the bill and called the new rules unenforceable.
Grant County Sheriff Tom Jones told the Associated Press, “I swore an oath to defend our citizens and their protected rights. I do not believe the popular vote overrules that.”
Supporters of the new law expressed their disappointment with the Sheriff’s stand but note they do now have to enforce the law until it goes into effect on July 1.
Renee Hopkins, the chief executive of the Alliance for Gun Responsibility, told reporters that the Sheriffs are looking for headlines. She told the Associated Press: “The political grandstanding is disheartening. If they do not [run the background checks], we will have a huge problem.”
Washington Attorney General, Bob Ferguson, said yesterday that Sheriffs who refuse to enforce the new gun laws may be held liable should someone they refused to perform enhanced background checks on used a gun purchased in their counties to commit a crime.
In an open letter, the state AG wrote, “In the event a police chief or sheriff refuses to perform the background check required by Initiative 1639, they could be held liable if there is a sale or transfer of a firearm to a dangerous individual prohibited from possessing a firearm and that individual uses that firearm to do harm, the taxpayers of your city or county assume the financial risk of your decision to impose your personal views over the law.”
The Sheriff’s do not have an issue with background checks or any current gun laws. What they have an issue with is the constitutionality of state law I-1639.
Franklin County Sheriff Jim Raymond said he has no intention of enforcing an unconstitutional law. Saying he supports a 10-day waiting period and the enhanced background checks. He told reporters, “Certainly we’re going to follow all of those type of things.”
Klickitat County Sheriff Bob Songer also affirmed his support for legal background check but echoed Raymond’s determination to uphold the constitution. “Officers have discretion,” said Songer, “I follow the rule of law when I believe it is constitutional.”
Grant County Sheriff Tom Jones said he has a large voter base that is solidly pro-Second Amendment. He believes the citizens of his county “have a right to the have [the] challenge and appeals process play out.”
Jones said in a statement. “I swore an oath to defend our citizens and their constitutionally protected rights. I do not believe the popular vote overrules that.”
Anyone who has taken a military oath knows both commissioned and enlisted members pledge to protect the constitution against all enemies “foreign and domestic.”
Along with that comes the question of what constitutes a lawful order. Since World War II, it has been firmly established that one cannot claim they have no choice but to obey an unlawful order. Apparently, these brave sheriffs know their history and the constitution better than Washington State’s chief legal authority.
Once again, it is obvious anti-gun forces have little regard for the constitution or the people on the front lines of enforcement. Their goal is nothing less than an end to the 2nd Amendment.
I agree with all of you and we need everyone to stand up to these Lawmakers and fight for our right to keep our gun’s and leave the Second Amendment alone. Thank you very much for standing up to them. Sincerely Peter H.
The right to keep and bare arms shall not be infringed.
Same kind of thing happening in Texas. Austin is like Olympia in that the city is like most cities-liberal hotspot. They are moving the goalposts so far left that when everything settles we will accept more radicalism without much complaint.
I stand with the sheriff’s and police that uphold the Constitution, you are doing a great job thank you for your service
I wholeheartedly 100% support these brave Sheriff’s they are in the right the Communist Government Officials are in the wrong. The Government are wrong they the Govenor and the DemoCommunist House and Senate are in open Rebellion against the Constitution of the United States of America and the duely elected president and the Laws of the Land.
These liberal socialists need to leave our constitutional rights to own and bear arms alone. You know all they want is to control our freedom as American patriots because if they really cared about the preservation of life, they would ban abortions, which is down-right murder of human beings, i.e., infanticide.
Excellent news that law enforcers are well aware politicians have overstepped their elected duties by passing unconstitutional laws regardless
Of the voters wishes sending them a strong message don’t force your ridiculous beliefs on law abiding citizens trying to strip us of our 2nd amendment rights
MAGA BLEXIT BOOYAH !!!!
The Sheriffs are great at what they do… they are NOT under the thumb of the mayors & governors like the city cops are,,, a lot of local cops wish they could also support the 2A but they could lose their job, Oregone is a good example. City cops are told to stand down by the mayor who fronts for the governor, when liberals attack conservatives holding peaceful protests, then the media blames the conservatives for the flare up while the cops watch .
Franklin County Sheriff Jim Raymond needs to rethink his stance on the 10-day waiting period unless he intends to sit on the doorstep 24/7 of every woman who is threatened by her estranged/divorced husband. If not support immediate licensing! As to the other issues, “atta boy” to him for standing on Constitutional grounds.
“In the event a police chief or sheriff refuses to perform the background check required by Initiative 1639, they could be held liable if there is a sale or transfer of a firearm to a dangerous individual prohibited from possessing a firearm and that individual uses that firearm to do harm, the taxpayers of your city or county assume the financial risk of your decision to impose your personal views over the law.” Well, it seems to me that a whole lot of Law Enforcement officials, including DAs and judges, routinely disregard the Constitution, and leave their taxpayers at the mercy of criminals, and place them at financial risk, and do this on a daily basis. Just more Liberal Socialist bull crap…
With the current situation in Venezuela, we must stop the Communistic/Socialists from taking us down the road to a Dictatorship. Where only the leftist
political elite have complete control over our every day lives, including our thoughts and actions. Please understand people, they have forgotten their
sworn oath to uphold the Constitution of the United States of (by GOD) America. Socialism is being instilled in the minds of your children you send to high
priced universities. We all need to get our heads out of the sand.
Pretty hypocritical of AG Ferguson since he refuses to enforce immigration laws and has conspired with Gov. Inslee to refuse to honor death warrants for prisoners in spite of court orders.
AG Ferguson is a dangerous example of a power hungry unethical lawyer who has weaponized the AG office against ALL Trump immigration policies costing we WA taxpayers over $20 million and still counting. He plans to run for Gov since Inlsee the egomaniac has designs on running for POTUS even though he is rated 50th on the Dems list of possibles. It will be a sad and frightening day if Ferguson is elected Gov. since WA will become a police state run by that demagogue.
WHAT A SUPRIZE COMING FROM THE STATE WITH THE MOST UNWED MOTHERS AND GAY WHATEVERS IN THE COUNTRY HIDE BITCHES HIDE
i am glad to hear those sheriffs standing up not only for the constitusion but for the people as well. the people need to stand behind them at all cost, and vocally as well. i am a vet i took that oath many years ago and i still stand by it today. i was willing to fight for some elses freedom in a other country i will do so even more here. i am not much in to having someone stepping on me. this fight is real and they will only push harder if we let them. DON’T TREAD ON ME!