WA Assault Weapons Ban Legislation

[WSU]

It specifically says:

NEW SECTION. Sec. 2. A new section is added to chapter 9.41 RCW
20 to read as follows:
21 (1) No person in this state shall manufacture, possess, purchase,
22 sell, or otherwise transfer any assault weapon, or any assault weapon
23 conversion kit, except as authorized by subsection (3) of this section.

That certainly looks like it is intended to criminalize possession.

[bearpaw]

I agree, not good!

[bigtex]

It specifically says:

NEW SECTION. Sec. 2. A new section is added to chapter 9.41 RCW
20 to read as follows:
21 (1) No person in this state shall manufacture, possess, purchase,
22 sell, or otherwise transfer any assault weapon, or any assault weapon
23 conversion kit, except as authorized by subsection (3) of this section.

That certainly looks like it is intended to criminalize possession.

Keep on reading the bill. You only read part of it

[Hi-Liter]

If this bill went into affect it would contradict Federal law, Heller. That is why Obama has not signed his pen to any executive decisions. This would be great to litigate if the state passed this!

[Hi-Liter]

Also, wouldn't this mean that off-duty police sheriff etc. who have an "assault weapon" be in violation of the law? sort of what happen in New York? Unless there is some exemption that I missed in the new bill.

[bigtex]

Regarding possession:

(1) No person in this state shall manufacture, possess, purchase, sell, or otherwise transfer any assault weapon, or any assault weapon conversion kit, except as authorized by subsection (3) of this section. Any assault weapon or assault weapon conversion kit the manufacture, possession, purchase, sale, or other transfer of which is prohibited under this section is a public nuisance.
(2) No person in this state shall possess or have under his or her control at one time both of the following:
(a) A semiautomatic or pump-action rifle, semiautomatic pistol, or shotgun capable of accepting a detachable magazine; and
(b) Any magazine capable of use with that firearm that contains more than ten rounds of ammunition.
(3) Subsection (1) of this section shall not apply to any of the following:(a) The possession of an unloaded assault weapon for the purpose of permanently relinquishing it to a law enforcement agency in this state.
()Any assault weapon relinquished pursuant to this subsection shall be destroyed;
(b) The transfer of any assault weapon by a licensed manufacturer or dealer to a law enforcement agency in this state for use by that agency or its employees for law enforcement purposes;
(c) The possession of an assault weapon that was legally possessed on the effective date of this section, but only if the person legally possessing the assault weapon has complied with all of the requirements of subsection (5) of this section;
(d) The possession of an assault weapon that has been permanently disabled so that it is incapable of discharging a projectile.
(4) Subsection (2) of this section shall not apply to any person:
(a) While lawfully engaged in shooting at a duly licensed, lawfully operated shooting range;
(b) While lawfully participating in a sporting event officially sanctioned by a club or organization established in whole or in part for the purpose of sponsoring sport shooting events.
(5) In order to continue to possess an assault weapon that was legally possessed on the effective date of this section, the person possessing the assault weapon shall do all of the following:(a) Safely and securely store the assault weapon. The sheriff of the county may, no more than once per year, conduct an inspection to ensure compliance with this subsection;
(b) Possess the assault weapon only on property owned or immediately controlled by the person, or while engaged in the legal use of the assault weapon at a duly licensed firing range, or while traveling to or from either of these locations for the purpose of engaging in the legal use of the assault weapon, provided that the assault weapon is stored unloaded and in a separate locked container during transport.
(6) Notwithstanding any other provision of this section, any person in this state who, after the effective date of this section, acquires title to an assault weapon by inheritance, bequest, or succession, shall, within thirty days of acquiring title, do one of the following:
(a) Comply with all of the requirements of subsection (5) of this section;
(b) Dispose of the assault weapon pursuant to subsection (3)(a) of this section; or
(c) Permanently disable the assault weapon so that it is incapable of discharging a projectile.
(7)(a) Any person convicted of violating subsection (1) or (2) of this section is guilty of a class C felony.
(b) Any person convicted of violating subsection (5) of this section is guilty of a gross misdemeanor.
( This section does not apply to:
(a) Marshals, sheriffs, prison or jail wardens or their deputies, or other law enforcement officers of this or another state while acting within the scope of their duties;
(b) Members of the armed forces of the United States or of the national guard or organized services, when on duty;
(c) Officers or employees of the United States duly authorized to possess assault weapons; or
(d) Any person engaged in the business of manufacturing, repairing, or dealing in assault weapons, or the representative or agent of the person who is properly licensed under federal or state laws to do so and who is acting within the usual and ordinary course of the business.

[WSU]

I agree that it appears you can have your "assault weapon" at your house, a gun range, or going between the two, but what about possession all the other places many of us take our "assault weapons?"

[Special T]

a) Safely and securely store the assault weapon. The sheriff of the county may, no more than once per year, conduct an inspection to ensure compliance with this subsection;

This is the worst part of the the law unlawful search...

[thatkidwho]

I wonder how much they are going to charge for the yearly home inspection?

[WSU]

I wonder how much they are going to charge for the yearly home inspection?

They aren't inspecting my home without a warrant.

[Special T]

exactly and what else would they be looking for...

[Hi-Liter]

a) Safely and securely store the assault weapon. The sheriff of the county may, no more than once per year, conduct an inspection to ensure compliance with this subsection;

This is the worst part of the the law unlawful search...

Yeah right that is in total violation of the 4th amendment. Only unless warrant to search, exigent circumstances, pursuits or permission can police enter. So how are the police going to search "I think John Doe has an assault weapon?"  Where is the PC to search? This law would violate case law.

[Hi-Liter]

These legislators must be smoking the new marijuana on the market. Lol

[CP]

I agree that it appears you can have your "assault weapon" at your house, a gun range, or going between the two, but what about possession all the other places many of us take our "assault weapons?"

Like hunting?

[xd2005]

Don't forget Section 7 of the State Constitution.

SECTION 7 INVASION OF PRIVATE AFFAIRS OR HOME PROHIBITED. No person shall be disturbed in his private affairs, or his home invaded, without authority of law.

Granted, "authority of law" is not defined, but it would seem it would be a stretch to say violating Section 24 would fall under that.

SECTION 24 RIGHT TO BEAR ARMS. The right of the individual citizen to bear arms in defense of himself, or the state, shall not be impaired, but nothing in this section shall be construed as authorizing individuals or corporations to organize, maintain or employ an armed body of men.

On second thought, we're screwed!