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Washington State Pending Gun Control Legislation

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Cmysix
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Post by GME Tue Apr 04, 2023 4:56 am

Some Washington gun control posts got mixed in with The "NRA is dying from internal bleeding" topic.  I decided to start a new topic on the Washington pending legislation and stop hijacking the earlier posting.  Please refer to page 2 if the "RA is dying from internal bleeding" to get up to speed.  Let's use this topic to update the status.

At first blush, this topic seems to be about some new and awful pending legislation in Washington State.  Why should others care?  What goes on here on the left coast tends to be a "preview of coming attractions" in other states.  Folks, they are after all your guns, not just your ARs.  In Washington, the attack is on the whole of the firearms industry - guns, ammo, components, advertising, parts, you name it.

In the NRA topic, I commented that the NRA has been putting out that one of the bills was intended to bankrupt the firearms industries.  I replied that I wasn't so sure and suggested the intent was to drive all firearms industries out of the state - not necessarily out of business.  Well, in the last couple of days I saw something that leads me to believe at least some vendors may agree with me.

I was shopping for some reloading supplies.  I didn't make note of the site at the time, but there was a banner type notice advising that orders to Washington would be expedited in light of the pending legislation.  Why?  I believe it's because the vendor does not plan to do business in Washington, if the bills pass into law.  Of particular concern is the bill allowing the Attorney General (and maybe private citizens, depending on version finally adopted) to sue companies in the firearms business, including retailers, under "public nuisance" law.  

Some folks may have heard of "public nuisance," but can only guess at what it is.  Others may have never heard the term.  To add a little clarity, what follows are two Washington statues, one defining private nuisance, and the other defining public nuisance.  RCW 7.48.120 (Nuisance); RCW 9.66.010 (Public Nuisance).  RCW=Revised Code of Washington.  Note: RCW 9.66.010 is under Title 9 RCW, Crimes and Punishments.  Generally speaking, a private nuisance involves one landowner whose land another party substantially interfers with.   In contrast, a public nuisance involves the subtantial interference in a right shared by the public generally, although only a few may actually suffer damages.  In my experience, nuisance is only rarely used, and in public nuisance, it is ususally a public entity who pursues it.

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Post by Cmysix Sat Apr 08, 2023 11:52 am

while this is great info, you should be rallying the troops in Washington state as none of us here can do anything about this, sooner or later we have to get off our ass'es and pound the pavement, instead of sitting there, " oh they'll never do that" well they are!
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Post by GME Mon Apr 10, 2023 3:44 pm

Cmysix wrote:while this is great info, you should be rallying the troops in Washington state as none of us here can do anything about this, sooner or later we have to get off our ass'es and pound the pavement, instead of sitting there, " oh they'll never do that" well they are!


I wish it was that easy.  

In most cases we are not going to get radical "gun-ban" zealots voted out of office.  Protests will get little or no traction.  The news media is anti gun and won't cover them, or at least not favorably.  We can also count on Antifa and its ilk to do their part to ensure things get the most negative spin.   

Historically, District Courts and Courts of Appeal in liberal jurisdictions, like the 9th Circuit, tend to be friendly to liberal, and extreme liberal causes. Those of us in the 9th Circuit know only too well how "Looney Tunes" federal courts can be.  That leaves us hoping SCOTUS will keep taking cases and reinforcing 2nd Amendment rights.  Legislation in Washington State demonstrates the contempt the legislature has for the requirements of New York State Rifle & Pistol Assoc. v. Bruen.  The same with NY State.  Look how quickly they enacted laws to water down Bruen.  I have no doubt legislators hostile to the 2nd Amendment know their laws won't stand, but they also know it will take years to get another case to SCOTUS.  Only injunctions will minimize their damage during the pendency of cases.

IMHO, we are left doing what we can to fund industry legal advocacy groups.  They are the ones to find, start and push cases to SCOTUS.  It is not my place to advocate for one group or another, but it's going to take $$$ to get there.  I hope the arms industry can hold out for the years the effort is going to take.

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Post by Cmysix Mon Apr 10, 2023 5:01 pm

  I hope the arms industry can hold out for the years the effort is going to take. I hope they can too, now that you have made every excuse to do nothing, just sit there and do nothing, expecting the gun industry to to it for you, What about the gun buying industry? I just saw a stat about a million guns being sold every month for the last few years, so I guess its the same million people buying a  gun every month?
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Post by Cmysix Mon Apr 10, 2023 5:02 pm

a million guns a month, really makes you wonder how Colt or Remington could have gone belly up?
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Post by jglenn21 Mon Apr 10, 2023 6:50 pm

Easy,  poor. Management...
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Post by msmith44 Tue Apr 11, 2023 12:59 pm

Cmysix wrote:while this is great info, you should be rallying the troops in Washington state as none of us here can do anything about this, sooner or later we have to get off our ass'es and pound the pavement, instead of sitting there, " oh they'll never do that" well they are!
I'm waiting to hear your specific plan.


-m-

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Post by GME Tue Apr 11, 2023 3:07 pm

Cmysix wrote:  I hope the arms industry can hold out for the years the effort is going to take. I hope they can too, now that you have made every excuse to do nothing, just sit there and do nothing, expecting the gun industry to to it for you, What about the gun buying industry? I just saw a stat about a million guns being sold every month for the last few years, so I guess its the same million people buying a  gun every month?
  
I guess I struck nerve.  I didn't mean to, but what I perceive to be reality in the deep blue state of Washington is scary stuff.  Like California, we elect some conservatives, but not enough.  If you are not a member of the "crazy club," Washington is a frustrating place to live.  In contrast, you live is a bright red state with a full range 2nd Amendment rights, including Constitutional carry.  Unless something bizarre happens, it's unlikely your state will ever present a firearm industry threat.

You appear to have some pretty strong ideas about what we, who live in deep blue states, need to be doing.  I'm sure our members are open to hearing suggestions.  I know I am.  Unfortunately, some of us need a bit more meat on the bones when it comes to suggestions like, "rallying the troops in Washington State," and "get off our asses and pound the pavement."  Would you mind fleshing out your thoughts?  

I apologize, if I left you with the impression that I was, "making every excuse to do nothing."  To put a finer point on it, donating money in the right places is definitely doing something.  It takes $$$ to elect the right people in states where it matters, and it take $$$ to fight in the courts.  Lawyers cost money and it may take gun owners to pony up bucks to ensure there's enough.  Folks here testify at hearings, and register opposition to bills, but we know it really doesn't matter much.  The crazies are single minded and don't let much get in the way of what they want do.

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Post by shooterer Tue Apr 11, 2023 4:13 pm

For you that are on Facebook, you can spare (respectfully) with my cousin just as I do when I see this crap posted. Although I am 2030 miles away, this affects all of us.

Sen. Patty Kuderer | Facebook

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Post by GME Thu Apr 13, 2023 12:51 am

Senate Bill 5078 passed in the House and is now going back to the Senate for concurrence.  Since Washington's radical left (some would say socialist) governor requested the legislation, it's a certainty that he will sign it.  I should take effect on July 1, 2023, because it isn't denominated "emergency" legislation.

SB 5078 is the version of the bill that gives the attorney general authority to sue any member of the firearms industry for public nuisance and receive Consumer Protection Act treble damages and attorney fees for their own supposed wrongs, and the wrongs of third parties, like criminals.  The clear intent is to drive the entire firearms industry out of Washington State, or possibly to bankrupt the industry - depending on who you talk to.

I'm hoping suit is filed to undo this as soon as it's signed, and a court has the courage to issue an injunction stopping it from taking effect.  There may technical legal issues that could delay an action, which I am not prepared to get into.   Otherwise, I suspect that it won't be long before Washington is a gun/ammo/parts/reloading supply wasteland, and gun owners will be looking for new ways to source everything other than guns.  To stay legal, I question whether new gun purchases of any sort will be available to Washington residents.  Sell a firearm here and then sued into oblivion.  

I looked at the bill's sponsors.  Sen. Patty Kuderer was one of the original democrat sponsors.  She deserves special mention for her hostility to 2nd Amendments rights specifically, and to the Constitution more generally.

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Post by Founder Sat Apr 15, 2023 9:15 am

With great disappointment, the automated "what's going on" email, which is one of the automated features of the forum software, chose this post with its algorithm.

This forum is NOT for politics. 

While this Washington legislation, being the latest scheme of anti-gun politicians is novel and troublesome, this venue will not be used for political discussions.

I'm locking this tread for now. When I figure the automated email is done bringing people here, I'll delete the post entirely.
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