Continued Resistance Against Gun Control Initiative (Washington) (Feb. 24, 2019) )

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Continued resistance against gun control initiative; Attorney General defends law

Wednesday, February 13, 2019 3:05pm      UliYil

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By Madeline Coats

WNPA Olympia News Bureau

The stateattorney general has stepped in with a warning to more than half the state's county law enforcement officials who say they refuse to fully enforce the gun control measures voters approved in November.

Police chiefs and sheriffs will be held liable if they refuse to perform background checks required by I-1639, said Attorney General Bob Ferguson on Tuesday in an open letter to the lawenforcement officers who oppose the measure.

"I will defend Initiative1639 against any challenge," wrote Ferguson. "My officedefeated the legal challenge to the previous gun safety initiative passed by the people, and I am confident wewill defeat any constitutional challengeto Initiative1639 as well.

"Local law enforcement are entitled to their opinions about the constitutionalityof any law, but those personal views do not absolve us of our duty to enforce Washington laws and protect the public," he said.

TheWashington StateSheriffs Association issued a statement on their website last week regarding their public opposition of I-1639. They expressed concerns about rights protected by the Second Amendment. Law enforcement officials in at least 21of Washington's 39 counties have said they will not actively enforce the measure.

"The initiative placed greater restrictions on law-abiding citizens while creating unreasonable expectations regarding howsuch restrictions would be enforced," said the statement.

Spokane County Sheriff Ozzie Knezovich believes Initiative1639 is unconstitutional at the stateandfederal level.

"As Sheriff there is nothing, at this time, for me to enforce as it pertains to 1639," said Knezovich in a statement from his spokesperson. "As it is now, 1639 is not constitutional, is being challenged in court and there is nothing for me to enforce."

I-1639 was intended to increase public safety by reducing gun violence and accidents. The law creates an enhanced background checksystem, requires

individuals to complete a firearm safety training course, raises the ageof possession to 21 years old and establishes standards forsafestorage of guns.

The provision with the most pushback relates to standards of gun storage. Under the measure, a person who leaves a firearm in a place where another person could potentially gain access to the weapon would be guilty of community endangerment.

According to the initiative, shootings involving semi - automatic assault rifles have resulted in hundreds of injuries and lives lost. Such incidents can have lasting psychological impacts on survivors and their communities, states I-1639.These weapons havebeen used in the country's deadliest mass shootings within the past couple decades.

One week after the general election, the National Rifle Association and the Second Amendment Foundation filed a joint lawsuit against Washington stateandAttorney General Ferguson. The two organizations claim that the initiative violates the U.S. and Washington stateconstitutions.

"You can own a houseor car before 21, but you can't own a firearm to protect yourhouseor car," said Lars Dalseide of the National Rifle Association. The law denies protection for individuals between the ages of 18 and 21, he said.

According to the officeof the Secretary of State, I-1639 was adopted as state law by nearly 60 percent of the people.

"No action bya city council or county commission can change this statelaw or theresponsibilities and duties that thelawvests in Washington's law enforcement agencies," said Ferguson in his letter.

TheAlliance for Gun Respon s ibility supports the provision, said communications manager Kristen Ellingboe. Shebelieves the law is the most comprehensive gun violence measure in the nation.

The alliance's focus has been on trying to correct misunderstandings that have sparked opposition. While Ellingboe said therehas been an overwhelming amount of support in the initiative, she is disappointed to see sheriffs and lawenforcement officials oppose the law.

"We are counting on the fact that when the time really comes, the sheriffs will follow the law," she said. "If they continue to stand in opposition, I would expect that they are opening themselves up to legal vulnerabilities."

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Th e H oly Roller a year ago

Why don't w e just vot e in a 51 st st at e... anything east of the cascades canbe named

Trumpland..

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vanman54    a year ago                                                                                                                                                                I"

personal opinions are not the law andif they refi.Jse t o e nfor ce it it m ay b e time for the citizens to recall certain Sheriff s and if not the AGshould pursue all legal avenues

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UpperleftCoast   a year ago                                                                                                                                                    I"

It st rikes me as very odd that these sheriffs don't have even an element ary underst anding of legal process. If a law is in effect and challenged in court, it is still in effect unless enjoined by the court . That is, unless the judge grants an injunction preventing th e law from going

into effect or being enforced, it is effective. Perhaps demonst rating even a basic underst anding of th e law should be a requirement for serving as county sheriff?

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