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Author Topic: Revived gun-control bill approved 97-0 in state House..BILL PASSED  (Read 12972 times)

Offline bigtex

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Revived gun-control bill approved 97-0 in state House
Posted by Brian M. Rosenthal

OLYMPIA — House Bill 1840 is back.

The proposal, which would require some gun owners with a restraining or protective order against them to temporarily surrender their firearms while the order is in effect, was seen last year as the one gun-control bill that could actually make it through the Washington Legislature — until it died in the state Senate, leaving supporters “seething with anger.”

(The issue was profiled in a New York Times investigation last March.)

Now it’s been revived and received a surprising 97-0 vote (with one member absent) on the state House floor this week after Democrats and Republicans agreed on compromise language.

The compromise adds more judicial oversight by preventing the surrender of guns unless the order is accompanied by an additional finding that the subject constitutes a “credible threat.”

That matches the amendment that got the bill through the Senate Law & Justice Committee unanimously last year. The chairman, strong Second Amendment supporter Mike Padden, said Thursday that he still supports the bill but cannot control what his caucus decides to do.

Last year, caucus leaders did not allow the bill to come up for a vote on the floor because of concerns that some residents would be temporarily denied a gun without due process, Padden said.

“We’ll see what happens this time,” said Padden, R-Spokane Valley.

The House sponsor, state Rep. Roger Goodman, said he is confident about the bill’s prospects.

Goodman, a Kirkland Democrat who chairs the House Public Safety Committee, said even the National Rifle Association supports the amended version of the legislation as a way to protect domestic-violence victims.

“I think we’re going to get this done this year,” Goodman said.

http://blogs.seattletimes.com/politicsnorthwest/2014/02/14/gun-control-bill-revived-unanimously-approved-in-state-house/
« Last Edit: March 07, 2014, 09:09:48 AM by bigtex »

Offline Eli346

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Re: Revived gun-control bill approved 97-0 in state House
« Reply #1 on: February 17, 2014, 02:36:25 PM »
 I just don't trust the justice system to monitor who is a threat and who isn't. I've seen a good friend have his guns taken away without a hint of domestic violence or a threat of one. All the woman has to do is say it's so and it's going to happen. His wife was a drug abuser and all round basket case from the get go but he didn't realize that until the divorce proceeded and she filed a restraining order. He's got his guns back and in the meantime his ex has lost everything she had and has been in and out of drug re-hab a couple of times. Now she's back at it again and has arrest warrants out for her. We need to keep the government out of our private business as long as we aren't breaking the law.

Offline canyelk48

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Re: Revived gun-control bill approved 97-0 in state House
« Reply #2 on: February 17, 2014, 04:48:55 PM »
Definitely don't like this law.  Years ago when I was going through a divorce I was visiting my parents out of State and my wife's attorney convinced her to file a restraining order on me, even though there was no valid reason.  It was just to be vindictive and keep me from coming back to my own home when I returned.  She even allowed the Sheriff's Dept. to confiscate all of my firearms while I was gone.  I had to go to court just to get my firearms returned!  Anyone can file a restraining order in this State and you don't have to prove a thing in order to get it!

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Re: Revived gun-control bill approved 97-0 in state House
« Reply #3 on: February 17, 2014, 05:17:45 PM »
I don't like the bill either. Who decides if someone is a "credible" threat. How is that determination made. I think it is pretty easy to file a restraining order.

Some people are a threat and should have their guns taken away from them. It seems like there should have to be a proven history of violence or firearms violations for someone to lose their gun rights, even temporarily.

Just going by what the article said. I did not read the proposed law.
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Offline Greenhorn

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Re: Revived gun-control bill approved 97-0 in state House
« Reply #4 on: February 17, 2014, 05:36:28 PM »
We do not need any more gun laws!  Why does anyone think that the bad guys are going to obey any new laws if they don't obey current laws?
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Offline bigtex

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Re: Revived gun-control bill approved 97-0 in state House
« Reply #5 on: February 17, 2014, 06:01:56 PM »
The bill is 8 pages long, but doesn't include many changes to existing laws, the reasoning for 8 pages is the laws it affects are lengthy. The following underlined segments are the changes to existing law. Those that are not underlined are already law:

RCW 9.41.040
(2)(a) A person, whether an adult or juvenile, is guilty of the crime of unlawful possession of a firearm in the second degree, if the person does not qualify under subsection (1) of this section for the crime of unlawful possession of a firearm in the first degree and the person owns, has in his or her possession, or has in his or her control any firearm:
(ii) During any period of time that the person is subject to a court order issued under chapter 7.90, 7.92, 9A.46, 10.14, 10.99, 26.09, 26.10, 26.26, or 26.50 RCW that:
(A) Was issued after a hearing of which the person received actual notice, and at which the person had an opportunity to participate;
(B) Restrains the person from harassing, stalking, or threatening an intimate partner of the person or child of the intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and
(C)(I) Includes a finding that the person represents a credible threat to the physical safety of the intimate partner or child; and
(II) By its terms, explicitly prohibits the use, attempted use, or threatened use of physical force against the intimate partner or child that would reasonably be expected to cause bodily injury;
(iii) After having previously been involuntarily committed

(b) Unlawful possession of a firearm in the second degree is a class C felony punishable according to chapter 9A.20 RCW.
(8 ) For purposes of this section, "intimate partner" includes: A spouse, a domestic partner, a former spouse, a former domestic partner, a person with whom the restrained person has a child in common, or a person with whom the restrained person has cohabitated or is cohabitating as part of a dating relationship.

9.41.800
(3) During any period of time that the person is subject to a court order issued under chapter 7.90, 7.92, 9A.46, 10.14, 10.99, 26.09, 26.10, 26.26, or 26.50 RCW that:
(a) Was issued after a hearing of which the person received actual notice, and at which the person had an opportunity to participate;
(b) Restrains the person from harassing, stalking, or threatening an intimate partner of the person or child of the intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and
(c)(i) Includes a finding that the person represents a credible threat to the physical safety of the intimate partner or child; and
(ii) By its terms, explicitly prohibits the use, attempted use, or threatened use of physical force against the intimate partner or child that would reasonably be expected to cause bodily injury, the court shall:
(A) Require the party to surrender any firearm or other dangerous weapon;
(B) Require the party to surrender a concealed pistol license issued under RCW 9.41.070;
(C) Prohibit the party from obtaining or possessing a firearm or other dangerous weapon; and
(D) Prohibit the party from obtaining or possessing a concealed pistol license.


New Section to RCW 9.41
A party ordered to surrender firearms, dangerous weapons, and his or her concealed pistol license under RCW 9.41.800 must file with the clerk of the court a proof of surrender and receipt form or a declaration of nonsurrender form within five judicial days of the entry of the order.
« Last Edit: February 17, 2014, 06:30:36 PM by bigtex »

Offline bigtex

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Re: Revived gun-control bill approved 97-0 in state House
« Reply #6 on: February 17, 2014, 06:05:17 PM »
Gone to be tough to get opposition to this bill. Last year the bill passed 61-37. The amendments were made this year and the entire House voted in favor, very rarely do ALL legislators (in this case House members) vote in favor of any gun bill. And finally you have the NRA in favor of a gun control legislation, that in itself says something.

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Re: Revived gun-control bill approved 97-0 in state House
« Reply #7 on: February 17, 2014, 06:27:46 PM »
Quote
(2)(a) A person, whether an adult or juvenile, is guilty of the crime of unlawful possession of a firearm in the second degree, if the person does not qualify under subsection (1) of this section for the crime of unlawful possession of a firearm in the first degree and the person owns , has in his or her possession, or has in his or her control any firearm

 Sounds like you would have to give up ownership, not just possesion, without a conviction just the judge's rule.

 See you don't need a felony to lose em, but then if found in possesion or in this case ownership(not sure how that works without proof of transfer :dunno: ), instant felon.

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Re: Revived gun-control bill approved 97-0 in state House
« Reply #8 on: February 17, 2014, 06:31:22 PM »
The NRA was neutral not supportive.

Offline KFhunter

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Re: Revived gun-control bill approved 97-0 in state House
« Reply #9 on: February 17, 2014, 06:39:23 PM »
The NRA was neutral not supportive.

They had to be due to their previous statements,  this is a "GOTCHA!" bill.


So be careful dating crazy chicks  :o

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Re: Revived gun-control bill approved 97-0 in state House
« Reply #10 on: February 17, 2014, 06:42:49 PM »
It's got to get passed by the Senate now.  Good luck with that!  :chuckle:
If it was easy, everybody would be doing it.

When Bernie Madoff did it, it's called a "Ponzi Scheme"
When Government does it, it's called "Social Security"

Offline bigtex

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Re: Revived gun-control bill approved 97-0 in state House
« Reply #11 on: February 17, 2014, 06:49:45 PM »
It's got to get passed by the Senate now.  Good luck with that!  :chuckle:

I think it will easily pass in the Senate. Need to remember there is a difference between this year and last year. Last year the bill had 37 House members opposed. The NRA supported amendment brought everybody together in the House and all D's and R's voted in favor this year. I just don't see how the House would vote unanimously in favor of this but Senate Republicans would hold it up...

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Re: Revived gun-control bill approved 97-0 in state House
« Reply #12 on: February 17, 2014, 06:54:44 PM »
It's got to get passed by the Senate now.  Good luck with that!  :chuckle:

I think it will easily pass in the Senate. Need to remember there is a difference between this year and last year. Last year the bill had 37 House members opposed. The NRA supported amendment brought everybody together in the House and all D's and R's voted in favor this year. I just don't see how the House would vote unanimously in favor of this but Senate Republicans would hold it up...

Yes, there is a difference in the Senate between this year and last year.  This year the Republicans have the majority in the Senate.  And they want to keep their jobs!  :tup:  :chuckle:
If it was easy, everybody would be doing it.

When Bernie Madoff did it, it's called a "Ponzi Scheme"
When Government does it, it's called "Social Security"

Offline bigtex

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Re: Revived gun-control bill approved 97-0 in state House
« Reply #13 on: February 17, 2014, 06:58:55 PM »
It's got to get passed by the Senate now.  Good luck with that!  :chuckle:

I think it will easily pass in the Senate. Need to remember there is a difference between this year and last year. Last year the bill had 37 House members opposed. The NRA supported amendment brought everybody together in the House and all D's and R's voted in favor this year. I just don't see how the House would vote unanimously in favor of this but Senate Republicans would hold it up...
Yes, there is a difference in the Senate between this year and last year.  This year the Republicans have the majority in the Senate.  And they want to keep their jobs!  :tup:  :chuckle:
Actually that's not different. They were in control last year in the Senate as well..

So you think ALL House Republicans would be in support of something that Senate Republicans wouldn't?

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Re: Revived gun-control bill approved 97-0 in state House
« Reply #14 on: February 17, 2014, 06:59:47 PM »
I don't like the bill either. Who decides if someone is a "credible" threat. How is that determination made.

In theory?  She said; he said.  In practice?  She said.

That said, this appears to provide some better measure of protection from meritless allegations than the current state of affairs.

 


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