Please Vote “No” on Initiative 1639 (I-1639) in November

By Jim McEntire

September 10, 2018

I’ve read the initiative myself and here’s a short take on what is wrong with this initiative.  For an in-depth review, please see Larry Williams’ posts on Facebook.  Larry’s a former Port Angeles City Councilor who now lives in Omak.

First, a couple of facts about I-1639.  It was sponsored by three Washington billionaires, plus a billionaire who is from New York city.  It says its purpose is to reduce gun violence by adding further restrictions on who is allowed to buy “semi-automatic assault rifles” which is the term used by those who seek more stringent gun control to get people to be scared of semi-automatic rifles of any type.  This initiative is a good example of special interest legislation that comes from those who desire to have control over the common person, and to make exercise of our rights under the federal and State constitutions more difficult for the common person. 

Reducing gun violence is a good thing, and no one should object to constitutional means to achieve this public good.  But this special interest initiative goes much farther than is consistent with the free exercise of the people to keep and bear arms. 

Five things are most objectionable:

  1. An unjustified and overly broad definition of “semi-automatic assault rifle”;
  2. Using an administrative procedure to be devised by the Washington Department of Licensing (DOL) (not the courts), whose director is appointed by the Governor and not elected by the people, to annually review who should or should not, continue to own semi-automatic rifles;
  3. Affirmatively creating a handgun and semi-automatic rifle registry;
  4. Turning law abiding citizens whose firearms are stolen from their home or place of business into potential felons if the stolen firearms are used to kill or injure a person, and;
  5. Blatant age discrimination in raising to 21 the minimum age for those seeking to buy a semi-automatic rifle.

Any semi-automatic rifle is defined as a “semi-automatic assault rifle”.  This includes military style rifles like the commonly owned AR-15 and its many clones, as well as the humble 10/22 or the older semi-auto .22cal plinker.  This is completely over the top.

DOL’s annual review process of those who buy “semi-automatic assault rifles” after the law goes into effect is administrative, not judicial where the state bears the burden of proof.  DOL’s job under the initiative is to “take steps to ensure such persons are not illegally in possession of firearms”.  The devil is in the details and the law does not specify what such “steps” will be.  If you are like me, you do not want a bureaucrat based on some yet-to-be devised-criteria determining whether you can possess as semi-automatic rifle or not.  Removal of firearms from any citizen who is not convicted of a crime is the job of the court’s where the burden of proof is on the government, just as removal of any fundamental right is.

I-1639 requires, not merely authorizes, DOL to keep a record of every purchaser and handgun or “semi-automatic assault rifle” purchased in the state.  This is analogous to the State requiring you to report every book you buy, movie you subscribe to on a streaming service, or website you visit.  We would not stand for such a violation of our first amendment right, and neither should we stand for such a violation of our second amendment right.  Simply put, the government has no business knowing which and how many firearms any of us have in our home or place of business. 

Most egregious, a law abiding firearm owner who is the victim of a burglary is potentially a felon or misdemeanant if he or she does not have all firearms locked in a safe or other locked storage space.  Such storage requirements do nothing to allow home protection against a home invasion where instant access to a firearm is required.

And last, I-1639 engages in blatant age discrimination against those who are between the ages of 18 and 21.  These men and women are adults in the eyes of the law (RCW 26.28.010 and 26.28.015).  They can get married, sign contracts, join the military and have all the rights and privileges of full citizenship afforded under our federal and state constitutions.  Except the full measure of the federal second amendment and Article I, Section 24 of our state constitution.

(Jim McEntire is a candidate for State Legislature.)

(Editor’s Note:  There is plenty of information available as well as downloadable flyers and bumper stickers at www.initiative1639.org)