Category Archives: Firearm

Firearms Bill Requiring 10-day Waiting Period & Safety Training In Effect January 1st, 2024

Bellingham Defense Attorney, Firearm, Legislation, Mount Vernon Criminal Defense Attorney, Skagit County Criminal Defense, Whatcom County Criminal Defense, , , , ,

Firearms Safety Course | West Boylston, MA

Effective January 1, 2024, HB 1143 shall go into effect. The legislation imposes additional requirements for the sale and transfer of firearms, including the following provisions:

  • Fingerprinting and background checks are required for all firearm sales and transfers, with some limited exceptions (RCW 9.41.113). Background checks are to be performed through the Washington State Patrol Firearms Background Check Program, a centralized stated system, rather than through local law enforcement agencies.
  • A 10-day waiting period is required between the purchase and delivery of the firearm to the purchaser.
  • The purchaser must provide proof of having completed a recognized firearm safety training program within the last five years.

Proponents of HB 1143 argue the law rightfully requires people to wait the prescribed “cooling off” period even if they’ve passed a more immediate background check. The intent of the legislation is aimed in part at deterring people from rushing to harm themselves or others with newly purchased weapons during periods of sudden distress or anger.

Its requirements are similar to those for a concealed weapons permit. Also, fourteen states have similar requirements and have found that they have reduced fatalities by 14%. The requirements could also interrupt suicide attempts, which are often impulsive decisions. Suicides constitute 75% of gun deaths in Washington.

Opponents say the legislation denies law-abiding citizens their Second Amendment right to acquire firearms unless they present proof of completion of official, sanctioned firearms training within the past five years, which they must complete at their own expense. Also, the 10-day waiting period is arbitrary on prospective gun owners taking possession of their firearms. They say the delay is longer or indefinite if the State fails to complete background check during that time. Finally, the Department of Licensing will also maintain a database (registry) of gun owners and their personal data, despite the agency having previously suffered a data breach affecting 650,000 citizens just last year.

Please contact my office if you, a friend or family member are charged with a Firearm Offense or any other crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

Gunshot Location Technology: Effective or Not?

ACLU, Bellingham Defense Attorney, Constitutional Rights, Firearm, Mount Vernon Criminal Defense Attorney, Skagit County Criminal Defense, Technology, Whatcom County Criminal Defense, , , , ,

How ShotSpotter CEO says technology can 'change the risk calculation' for shooters - mlive.com

In an interesting story, the Seattle City Council has greenlit funding for a controversial gunshot locator system as part of a larger crime prevention pilot project.

WHAT IS GUNSHOT DETECTION TECHNOLOGY?

Gunshot Detection Technology (GDT) uses sophisticated acoustic sensors to detect, locate and alert law enforcement agencies and security personnel about local illegal gunfire incidents in real-time. The digital alerts include a precise location on a map. It corresponds data such as the address, number of rounds fired, type of gunfire, etc. delivered to any browser-enabled smartphone or mobile laptop device as well as police vehicle MDC or desktop.

GDT is touted to protect officers by providing them with increased tactical awareness. It also enables law enforcement agencies to better connect with their communities and bolsters their mission to protect and serve.

With GDT, officers can more quickly arrive at the scene of a crime with an increased level of safety. They know exactly where the gunfire took place. In many cases, an officer can arrive with the shooter still at the crime scene. If the criminal has fled, shell casings and/or other evidence can be recovered and used for investigative and potential prosecution purposes and key witnesses can be interviewed at the crime scene.

Below are just some of the reports showing how ShotSpotter technology is being rejected by cities and police departments. It can can hurt police response times, result in more racial bias, and violate people’s civil liberties.

POLICE CHIEFS CRITICAL OF SHOTSPOTTER, CITIES PULLING OUT OF CONTRACTS

  • San Antonio’s chief of police led the charge to end the city’s ShotSpotter program. He said, “We made a better-than-good-faith effort trying to make it work.” Instead of renewing with ShotSpotter, he said “We’re going to use that money to provide more community engagement, which ShotSpotter can’t provide.”
  • When Fall River, Massachusetts ended its contract with ShotSpotter, their chief of police said, “It’s a costly system that isn’t working to the effectiveness that we need it to work in order to justify the cost.” 
  • Portland, Oregon decided not to move forward with ShotSpotter in July after their mayor approved a pilot program in 2022. The mayor said he was interested in pursuing better strategies.
  • Atlanta decided not to move forward with the technology after two separate pilot programs led to poor results.
  • Chicago’s mayor promised to get rid of ShotSpotter in the city during his campaign. Their contract with the company is up in February.
  • New Orleans; Dayton, OH; Charlotte, NC; and Trenton, NJ also ended their ShotSpotter contracts.

INEFFECTIVE AND HURTS POLICE RESPONSE TIMES

  • A study found that CCTV paired with ShotSpotter-type technology, as proposed in this budget, “did not significantly affect the number of confirmed shootings, but it did increase the workload of police attending incidents for which no evidence of a shooting was found.”
  • A study published last year of 68 large metropolitan counties in the United States found “ShotSpotter technology has no significant impact on firearm-related homicides or arrest outcomes.”
  • An article by a crime analyst working for the St. Louis Police Department found ShotSpotter-type technology “simply seem to replace traditional calls for service and do so less efficiently and at a greater monetary cost to departments.”
  • A report by the Chicago inspector general found that around 90 percent of ShotSpotter alerts are false positives, resulting in police being dispatched 40,000 times when no gun-related violence had taken place.
  • The technology was found to be ineffective in a report by the City of Atlanta, costing $56,000 per gun recovered – money that would have been more effective in other programs.

CIVIL LIBERTY & EQUITY CONCERNS

  • The ACLU-WA has asked the Council to reject funding ShotSpotter, “given that investing in gunshot detection and CCTV technologies will not prevent crime and violence and will adversely impact communities through increased police violence and heightened privacy risks.”
  • Privacy advocates recently asked the Department of Justice to investigate gunshot detection companies because they lead to over policing of communities of color and may be violating the Civil Rights Act.
  • Faulty evidence from ShotSpotter has been used to wrongfully imprison people like Michael Williams. He was held in Chicago for more than a year before the charges were dismissed and prosecutors admitted they had insufficient evidence, according to an AP report.

My opinion? Only time will tell whether GDT is effective and/or equitable.

Please contact my office if you, a friend or family member are charged with a Firearm Offense or any other crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

State v. Ross: Washington’s Unlawful Possession of a Firearms Statute Is Constitutional

Bellingham Defense Attorney, Constitutional Rights, felony, Firearm, Mount Vernon Criminal Defense Attorney, Skagit County Criminal Defense, Washington Court of Appeals, Whatcom County Criminal Defense, , , , ,

Philadelphia Law Firm, Kenny, Burns & McGill | New District Court Opinion on Felons and Gun Ownership

In State v. Ross, the WA Court of Appeals held that the Second Amendment does not bar the state from criminalizing the possession of firearms by felons. Consequently, Washington’s Unlawful Possession of a Firearms in the First Degree statute is constitutional.

BACKGROUND FACTS

Mr. Ross was convicted of Unlawful Possession of a Firearms in the First Degree. His conviction was based on a prior 2010 conviction for second degree burglary. Unfortunately for Ross, his burglary conviction is a defined “serious offense” under WA’s Sentencing Reform Act.

Ross appealed. He argued that under the Second Amendment and New York State Rifle & Pistol Ass’n v. Bruen, Washington’s Firearms Statute RCW 9.41.040(1) was unconstitutional as applied.

COURT’S ANALYSIS & CONCLUSIONS

The Court began with a critique of the Second Amendment right to bear arms. The Court recognized, however, that the right secured by the Second Amendment is not unlimited. In District of Columbia v. Heller, the U.S. Supreme Court identified several longstanding prohibitions, including possession by felons:

“Although we do not undertake an exhaustive historical analysis today of the full scope of the Second Amendment, nothing in our opinion should be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms.” ~WA Court of Appeals quoting District of Columbia v. Heller.

Next, the Court of Appeals analayzed the U.S. Supreme Court’s recent decision in New York State Rifle & Pistol Ass’n v. Bruen. In Bruen, the Supreme Court considered and struck down New York’s regulatory licensing program requiring applicants to prove that they had “proper cause” to carry a handgun in public.

The WA Court of Appeals emphasized that Bruen was intentionally drafted to be limited in its scope. As a result, Bruen did not overrule Washington’s own time-stested caselaw on the subject matter:

“Indeed, at least 11 times the majority referenced the Second Amendment right of “law-abiding” citizens . . . Of the six justices in the majority, three wrote or joined in concurring opinions clarifying the scope of their decision. We hold that consistent with Heller, McDonald, and Bruen, the Second Amendment does not bar the state from prohibiting the possession of firearms by felons as it has done in RCW 9.41.040(1). RCW 9.41.040(1) is facially constitutional.” ~WA Court of Appeals.

Next the WA Court of Appeals adressed Ross’s argument that because his underlying crime of second degree burglary was nonviolent,  RCW 9.41.040(1) was unconstitutional as applied.

“We disagree for two reasons,” said the Court. First, Ross’s attempt to distinguish violent and nonviolent felons is of his own construct. There are no prior court opinions distinguishing violent felons from nonviolent felons. Second, the legislature has defined second degree burglary as a violent crime:

“The prohibition on possession of firearms under RCW 9.41.040(1)(a) applies to any person previously convicted of “any serious offense.” A “serious offense” is defined by the same statute to include “[a]ny crime of violence.” RCW 9.41.010(42)(a). And a “crime of violence” is defined to include burglary in the second degree . . . Ross offers no support for the proposition that the legislature did not intend to define burglary in the second degree as a serious offense and a crime of violence.” ~WA Court of Appeals

With that, the WA Court of Appeals upheld Mr. Ross’s conviction.

Please contact my office if you, a friend or family member are charged with a Firearm Offense or any other crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

The Right to Privately Speak With Defense Counsel

Assault, Bellingham, Coronavirus, Drive-By Shooting, Eluding, Firearm, Mount Vernon Criminal Defense Attorney, Skagit County Criminal Defense, Washington Court of Appeals, Whatcom County Criminal Defense, , , , ,

Court hearings via video conference have pros and cons, area lawyers say - masslive.com

In State v. Bragg, the WA Court of Appeals held that the trial court violated Mr. Bragg’s
right to confer with his attorney by requiring Bragg to participate in all nontrial
hearings via Webex while his counsel appeared in the courtroom.

BACKGROUND FACTS

Mr. Bragg allegedly fired a gun at sheriff’s deputies during a high-speed car chase. He was apprehended. The State charged him with three counts of Assault in the First Degree, Drive-By Shooting, Attempting to Elude, and Fiream Offenses. The trial court set Bragg’s bail at $750,000, which he was unable to pay.

Before trial, the court granted multiple continuances requested by Bragg and the State. For all pretrial proceedings, Bragg appeared on video via Webex from jail, while his counsel and the State appeared in person before the trial judge. Multiple times, Bragg expressed frustration with the pretrial proceedings and distrust of his counsel. At a hearing on December 29, 2021, defense counsel tried to withdraw due to allegedly irreconcilable conflicts. The court denied counsel’s motion to withdraw.

The four-day jury trial began January 3, 2021. Bragg appeared in person for trial. After the State rested, Bragg did not call any witnesses. The jury then found Bragg guilty of numerous counts. The court sentenced Bragg to 648 months of prison. Again, Bragg appeared at sentencing via Webex.

On appeal, Bragg argues that at least 8 court hearings were critical stage proceedings. Consequently, the court violated his Sixth Amendment rights because he was unable to privately consult with his attorney during those hearings.

COURT’S ANALYSIS & CONCLUSIONS

The Court of Appeals began by saying that a criminal defendant is entitled to the assistance of counsel at “critical stages” in the litigation. A “critical stage” is one “‘in which a defendant’s rights may be lost, defenses waived, privileges claimed or waived, or in which the outcome of the case is otherwise substantially affected.

Furthermore, the constitutional right to the assistance of counsel carries with it a reasonable time for consultation and preparation. This includes the opportunity for a private and continual discussions between the defendant and his attorney during the trial. The ability for attorneys and clients to consult privately need not be seamless, but it must be meaningful.

“Like the right to counsel in general, whether the court violated the defendant’s constitutional right to privately confer with his attorney is a very facts-specific inquiry.” ~WA Court of Appeals.

The Court of Appeals also pointed out that in February 2020, our governor declared a state of emergency due to the COVID-19 Pandemic. It discussed how the WA Supreme Court authorized criminal defendants to appear via video.

Nevertheless, the Court of appeals reminded all parties that the Supreme Court’s pivot to video court hearings was meant to be limited in its scope:

“However, the Supreme Court further made clear that for all hearings that involve a critical stage of the proceedings, courts shall provide a means for defendants and respondents to have the opportunity for private and continual discussion with their attorney.” ~WA Court of Appeals

In rendering its decision, the Court of Appeals reasoned the Supreme Court made it clear that for all hearings that involve a critical stage of the proceedings. Also, courts shall provide a means for defendants and respondents to have the opportunity for private and continual discussion with their attorney.

“Here, by way of summary, the trial court violated Bragg’s right to counsel by not providing guidance to Bragg and his counsel about how to confer privately during at least four nontrial critical stage proceedings and by placing an unreasonable expectation on Bragg to assert his rights. And the State fails to meet its burden to prove beyond a reasonable doubt that such errors were harmless. Thus, without making any comment on the weight of the evidence or the conduct of the trial, we are compelled to reverse and remand this matter for further proceedings.” ~WA Court of Appeals

With that, the Court of Appeals revesed Mr. Bragg’s convictions.

My opinion? The use of technology in the courtroom has resulted in numerous benefits to the litigants and the public. These technological benefits should only improve as our courts, judges and litigants become more familiar with the features of the existing technology.

Clearly, however, the over-use of technology may undermine a defendant’s right to legal representation.

Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

Are Rimfire Rifles Bannable Assault Weapons?

Bellingham Defense Attorney, Firearm, Mount Vernon Criminal Defense Attorney, Skagit County Criminal Defense, Whatcom County Criminal Defense, , , , ,

 

Rimfire Rifles | Rossi USA

In AGO 2023 No. 4 (October 2, 2023), the WA Attorney General (AGO) discussed whether Washington’s new statute resricting the manufacture, import, distribution, and sale of assault weapons applies to rim fire semiautomatic firearms.

In short, the answer is “It depends.” Rimfire rifles are not excluded from every definition of “assault weapon.”  A rimfire rifle that is semiautomatic is an “assault weapon” if it is either (1) a specific firearm listed in RCW 9.41.010(2)(a)(i), (2) has an overall length of less than 30 inches per RCW 9.41.010(2)(a)(ii), or (3) is a conversion kit, part, or combination of parts, from which an assault weapon can be assembled.

BACKGROUND

In 2023, the legislature enacted SHB 1240, which amends RCW 9.41 to restrict the manufacture, import, distribution, sale, and offer of sale of “any assault weapon.”  Firearms, including rifles, are commonly designed for rim fire or center fire ammunition. A bullet with a rim fire cartridge is one for which “its primer, the explosive, is around the rim of the cartridge.” State v. Hammock, 154 Wn. App. 630, 633, 226 P.3d 154 (2010).

WHAT IS A “RIM FIRE RIFLE?”

A rimfire rifle is designed to use rim fire cartridges. In contrast, the primer of a center fire cartridge is at the center of the base. Consequently, center fire rifles are designed specifically to use center fire cartridges.

centerfire and rimfire cartridges

ANALYSIS & CONCLUSIONS

The AGO looked to the statutory definition of “assault weapon” in RCW 9.41.010(2).  That definition is, in relevant part, as follows:

  1. Any of the following specific firearms [listed within this subsection] regardless of which company produced and manufactured the firearm [; or]
  2. A semiautomatic rifle that has an overall length of less than 30 inches;
  3. A conversion kit, part, or combination of parts, from which an assault weapon can be assembled or . . . converted . . . if those parts are in the possession or under the control of the same person; or
  4. A semiautomatic, center fire rifle that has the capacity to accept a detachable magazine and has one or more [specifically listed features]; [or]
  5.  A semiautomatic, center fire rifle that has a fixed magazine with the capacity to accept more than 10 rounds;

In it’s opinion, the AGO said a rimfire firearm is one designed to use a particular type of cartridge. It explained that some rim fire semiautomatic rifles fall under the definition of “assault weapons.” That section defines “assault weapon” to include any of the 62 specific firearms listed in subsection (2)(a)(i), “some of which we understand come in rim fire models.”

“Thus, if any of the specific firearms listed in subsection (2)(a)(i) is designed for rimfire ammunition, or if a rim fire rifle has an overall length of less than 30 inches, it is an assault weapon and subject to the restriction in SHB 1240, section 3 (codified as RCW 9.41.390). Other categories of assault weapons defined in the bill, namely in subsections (4) and (5), specifically cover only “center fire” models, so those categories would not include rim fire models.” ~WA Attorney General

Please contact my office if you, a friend or family member are charged with a Firearm Offense or any other crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

WA Attorney General Advises Pawn Shops on Handling Assault Rifles

Bellingham Defense Attorney, Constitutional Rights, Firearm, Legislation, Mount Vernon Criminal Defense Attorney, Skagit County Criminal Defense, Whatcom County Criminal Defense, , , , ,

How does a person buy a gun from a shop? | WFXL

Much confusion has arisen in the wake of WA State’s recent ban on assault rifles. Some thorny legal issues surrounding the changing role of pawn shops and their handling of assault rifles are especially interesting. For instance, if a pawnbroker receives an assault weapon, does the law permit the pawnbroker to return the firearm to the owner on repayment of the loan? And if the owner of a pawned assault weapon defaults on the loan, does the law allow the pawnbroker to sell the firearm?

In AGO 2023 No. 5 (October 5, 2023), the WA Attorney General answered these questions.

FACTUAL BACKGROUND

 SHB 1240 was signed into law by the governor on April 25, 2023, and became effective immediately. Its stated purpose is to limit the prospective sale of assault weapons, while allowing existing legal owners to retain the assault weapons they currently own. To that end, section 3 of the bill enacts the following prohibition: “No person in this state may manufacture, import, distribute, sell, or offer for sale any assault weapon, except as authorized in this section.” A violation of section 3 is a gross misdemeanor.

Pawnbrokers engage in the business of loaning money on the security of pledges of personal property. The term of a pawnbroker loan is ninety days. The customer may redeem their pledged property at any time during the loan period upon repayment of the loan principal, interest, and associated fees. After the term of the loan, unredeemed property on unpaid loans becomes the property of the pawnbroker.

1. If a pawnbroker receives an assault weapon, does the law permit the pawnbroker to return the firearm to the owner on repayment of the loan?

Yes. The Attorney General opined that the legislature’s express intent in enacting SHB 1240 was to allow existing legal owners to retain the assault weapons they currently own. Within the term of a pawnbroker loan, the pledgor retains ownership of the pledged article and retains the right to redeem the pledge at any time.

“The legislature’s stated intent in enacting SHB 1240 confirms this reading. The stated purpose of SHB 1240 is ‘to limit the prospective sale of assault weapons, while allowing existing legal owners to retain the assault weapons they currently own.’ Laws of 2023, ch. 162, § 1. This enacted statement is included within the plain reading of the statute. See G-P Gypsum Corp., 169 Wn.2d at 310. As RCW 19.60.061 makes clear, the pledgor remains the ‘existing legal owner’ of the assault weapon during the loan period, and thus, consistent with the legislature’s explicit intent, remains entitled to retain the assault weapons they currently own.” ~WA Attorney General.

In other words, a pawnbroker who receives an assault weapon as security for a loan may lawfully return the weapon upon repayment of the loan. Returning the assault rifle to the owner  is not an unlawful “delivery.” It is merely a return of property of which the pawnbroker was a bailee.

2. If the owner of a pawned assault weapon defaults on the loan, does the law allow the pawnbroker to sell the firearm?

No. Pawnbrokers are now prohibited from selling assault weapons they receive as security to a loan. Instead, pawnbrokers may sell assault weapons to the armed forces or to a state law enforcement agency for use by that agency or its employees for law enforcement purposes.

Please contact my office if you, a friend or family member are charged with a Firearm Offense or any other crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

Bellingham Considers “Open Carry” Ban

Bellingham Defense Attorney, Firearm, Mount Vernon Criminal Defense Attorney, Skagit County Criminal Defense, Whatcom County Criminal Defense, , , , ,

Judge strikes down Election Day open carry ban at Michigan polls - mlive.com

Bellingham is considering a ban on firearms, except for people who are licensed to carry a concealed pistol, at City Hall and at sports facilities such as the Civic Athletic Complex.

The measure would apply only to rifles, pistols and shotguns carried openly. However, it would not apply to individuals who have a concealed pistol license.

According to the Herald, Mayor Seth Fleetwood seeks the ordinance because of an incident at a Bellingham high school graduation ceremony in June. There, police disarmed a teenage boy as he was reaching for a pistol during a fight.

Fleetwood was asking the council to “adopt state law by reference” into municipal code, allowing prosecution of such offenses in Bellingham Municipal Court. Consideration of the ordinance could come as early as Sept. 11, the City Council’s next regularly scheduled meeting.

CONCEALED CARRY PERMITS

A total of 15,919 Whatcom County residents had a concealed pistol license from the state Department of Licensing in 2021, according to data released to The Bellingham Herald under a public records request.

Officials at the Whatcom County Sheriff’s Office were approving about 2,400 such permits annually, and Bellingham Police were issuing slightly fewer than 100 licenses a year, according to Herald reporting in 2021.

Anyone can apply for a concealed pistol license for $36, after passing a background check and submitting their fingerprints. according to state law.

CITY HALL CONFRONTATION

Tempers flared over a perceived threat to firearms possession in March 2020 as the Bellingham City Council updated a measure that grants special powers to the mayor in an emergency.

In that incident, anti-tax activist Tim Eyman appeared at City Hall with several dozen supporters. He falsely claimed that the measure would violate the Second Amendment. A confrontation inside the Council Chambers delayed the start of that meeting for several minutes.

WHAT IS “OPEN CARRY?”

Open Carry refers to the practice of visibly carrying a firearm in public places, as distinguished from concealed carry, where firearms cannot be seen by the casual observer. To “carry” in this context indicates that the firearm is kept readily accessible on the person, within a holster or attached to a sling. Carrying a firearm directly in the hands, particularly in a firing position or combat stance, is known as “brandishing” and may constitute a Firearm Offense. that is not the mode of “carrying” discussed in this article.

Please contact my office if you, a friend or family member are charged with a Firearm Offense or any other crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

U.S. Supreme Court Revives Biden’s Regulation of ‘Ghost Guns’

Bellingham Defense Attorney, Federal Crimes & Prosecutions, Firearm, Mount Vernon Criminal Defense Attorney, Skagit County Criminal Defense, United States Supreme Court, Whatcom County Criminal Defense, , , , ,

Editorial: Ready, aim, regulate: The Supreme Court makes the right call on ghost guns, for now | Guest Column | wyomingnews.com

The Supreme Court temporarily revived the Biden administration’s regulation of “ghost guns” — kits that can be bought online and assembled into untraceable homemade firearms.

The number of ghost guns recovered by law enforcement in the US has increased at an alarming rate—rising 398% from 2016 to 2020. Nearly 24,000 ghost guns were recovered across the country during that five-year period. President Biden’s administration officials said such weapons had soared in popularity in recent years, particularly among criminals barred from buying ordinary guns.

BACKGROUND

Ghost guns are do-it-yourself, homemade guns, produced with simple building blocks available online. In May 2021, the federal government proposed a rule that would finally clarify that these parts qualify as traditional firearms, and must be sold with serial numbers and background checks. Several states – including Washington State – have also acted, including with requirements that all ghost guns must be reported to officials. The strongest laws also regulate the spread of guns that can be made with 3-D printers.

THE COURT’S ORDER

The court’s brief order gave no reasons, which is typical when the justices act on emergency applications. The order was provisional, leaving the regulation in place while a challenge moves forward in the courts.

THE VOTING SPLIT

The vote was 5 to 4, with Chief Justice John G. Roberts Jr. and Justice Amy Coney Barrett joining the court’s three liberal members — Justices Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson — to form a majority.

Justices Clarence Thomas, Samuel A. Alito Jr., Neil M. Gorsuch and Brett M. Kavanaugh noted dissents. Like the justices in the majority, they did not explain their reasoning.

Please contact my office if you, a friend or family member are charged with a Firearm Offense or any other crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

Governor Inslee Signs Legislation Aimed at Preventing Gun Violence

Bellingham Defense Attorney, Firearm, Legislation, Mount Vernon Criminal Defense Attorney, Skagit County Criminal Defense, Whatcom County Criminal Defense, , , , ,

WA Gov. Inslee signs new firearms regulations into law, including limits on sale of gun magazines | The Seattle Times

Governor Jay Inslee signed three bills into law aimed at preventing gun violence in Washington state. One of the bills signed into law bans assault-style weapons. another requires safety training and a 10-day waiting period before purchasing a firearm. The third is legislation to strengthen accountability of firearm manufacturers and retailers.

“These are three victories, not one, and it is clear why we need to take this action . . . These weapons of war of assault weapons have no reason other than mass murder. Their only purpose is to kill humans as rapidly as possible in large numbers.” ~Gov. Jay Inslee

HOUSE BILL 1240

House Bill 1240 prohibits the manufacture, importation, distribution, sale, or offer for sale of any assault weapon” in Washington state. The semi-automatic rifle ban would cover more than 50 gun models, including AR-15s, AK-47s and similar-style rifles, which fire one bullet per trigger pull and automatically reload for a subsequent shot, The Associated Press reported. Some exemptions are included for sales to law enforcement agencies and the military in Washington.

“Gun violence rips loved ones from their families, devastates our communities, and traumatizes our children again and again,” said Rep. Strom Peterson (D-Edmonds) who sponsored HB 1240. “Students everywhere have been speaking up, demanding we do something to protect them. We’ve stepped up to answer them. With the Governor’s signature today, we’re sending a clear message to our kids: we hear you and we are acting to keep you safe.”

The law went into effect immediately after it was signed by Inslee on Tuesday. Gun shop owners now have 90 days to sell their inventory. When the bill passed the state House in March, Inslee said he has believed in it since 1994 when, as a member of the U.S. Congress, he voted to make it a federal law.

HOUSE BILL 1143

House Bill 1143 requires gun buyers to show they’ve taken firearm safety training before purchasing a firearm. The new law also requires a 10-day waiting period for all gun purchases — something that’s already mandatory in Washington when buying a semi-automatic rifle. HB 1143 will go into effect on January 1, 2024.

“Gun violence is now the leading cause of death for children in our country,” said Rep. Liz Berry (D-Seattle) who sponsored HB 1143. “As a mom of two little ones and as a person who has lost someone who I love to gun violence, this is devastating to me. It’s simple: these bills will save lives.”

HOUSE BILL 5078

Inslee also signed Senate Bill 5078 into law Tuesday. The bill allows people whose family members die from gun violence to sue if a manufacturer or seller “is irresponsible in how they handle, store or sell those weapons.”

Under Washington’s consumer-protection act, the attorney general could file a lawsuit against manufacturers or sellers for negligently allowing their guns to be sold to minors, or to people buying guns legally in order to sell them to someone who can’t lawfully have them. SB 5078 takes effect 90 days after the adjournment of the legislative session.

THE MOMENTUM, POLITICAL WILL & OPPOSITION

More than 800 people die from gun violence in Washington state each year, according to the governor’s office. Nine states including California, New York and Massachusetts, along with the District of Columbia, have already passed similar bans. the laws have been upheld as constitutional by the courts.

The ban on some semi-automatic weapon sales drew a quick legal challenge from the Second Amendment Foundation and the Firearms Policy Coalition. The groups sued in U.S. District Court, saying the law violates the constitutional right to keep and bear arms.

Please contact my office if you, a friend or family member are charged with a Firearms Offense or any other crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

DOJ Wants Review of DV Firearms Ruling

Bellingham Defense Attorney, Constitutional Rights, Domestic Violence, Firearm, Mount Vernon Criminal Defense Attorney, Skagit County Criminal Defense, United States Supreme Court, Whatcom County Criminal Defense, , , , ,

Appeals court strikes down domestic violence gun law - Washington Times

The Justice Department has petitioned the United States Supreme Court (USSC) to overturn United States vs. Rahimi. This recent and controversial court decision from the 5th Circuit allows individuals charged with Domestic Violence (DV) crimes to possess firearms. The Justice Department (DOJ) argues that the risk of homicide rises when there’s a gun in a house that has a domestic abuser. As a result, millions of Americans will be victims of intimate-partner abuse.

“And if allowed to stand, it would thwart Congress’s considered judgment that persons who have been found to be a threat to their intimate partners or children should not be permitted to acquire or possess firearms.” ~U.S. Department of Justice

The government filed the petition on an expedited schedule to allow the Supreme Court to determine whether it will take up the case.

THE 5TH CIRCUIT FEDERAL COURT OF APPEALS’ RULING IN U.S. V. RAHIMI.

In Rahimi, Fifth Circuit ruled that the federal prohibition on gun possession for people subject to DV restraining orders (DVROs) is unconstitutional under the Second Amendment. Rahimi pointed to the Supreme Court’s decision in New York State Rifle & Pistol Association Inc. v. Bruen. That case provided a legal framework for gun laws supporting the tradition and history of the Constitution’s Second Amendment.

The 5th Circuit found the government failed to show that the statute’s “restriction of the Second Amendment right fits within our Nation’s historical tradition of firearm regulation.”

THE DOJ’S RESPONSE TO U.S. V. RAHIMI.

The appellate court ruling caught the attention of the Justice Department early on. The government wrote in its petition that the 5th Circuit “overlooked the strong historical evidence supporting the general principle that the government may disarm dangerous individuals. The court instead analyzed each historical statute in isolation.”

In a hearing before the Senate Judiciary Committee last week, witnesses said the Supreme Court decision in Bruen has wreaked havoc on the country’s gun control laws. At the committee hearing, Ruth M. Glenn with the National Coalition Against Domestic Violence called attention to the 5th Circuit’s U.S. v. Rahimi.

“The lack of historical laws restricting firearms access by domestic abusers is not evidence that such laws are unconstitutional . . . Rather it is a reflection of the legally subordinate status and general disregard for the rights and needs of women in early America.” ~Ruth M. Glenn, National Coalition Against Domestic Violence

Please contact my office if you, a friend or family member are charged with DV, Firearms Offenses or any other crime. Hiring an effective and competent defense attorney is the first and best step toward justice.