Top Menu

WA Sheriff Refuses to Enforce Law He Says Violates the 2nd Amendment

Seattle Police Ninth Circuit

Government officials in Republic, a city in Eastern Washington, are considering making the town a 2nd amendment “Sanctuary City.”

Republic city Police Chief Loren Culp says he will not allow his department to enforce laws pertaining to Initiative 1639.

According to Chief Culp, the initiative (set to go into effect Jan 1st of 2019) violates 2nd Amendment rights.

Initiative 1639 has been touted by some media outlets as being the most ambitious gun control measure in Washington’s history and would make it one of the strictest gun control states in the nation.

The measure, also known as “The Public Safety and Semiautomatic Assault Rifle Act”,

is sponsored by citizen Paul Kramer, who has become the face of Washington’s gun control laws.

After his son was injured in a shooting at a party where 3 others were killed with an AR-15 rifle, July 30, 2016 in Mukilteo, he has become the primary face of the Initiative, championing gun control in Washington state.

Initiative 1639 looks to enforce several measures relating to firearms. Here is a breakdown of the most important parts. But please, educate yourself by reading it here.

Section 1: Intent

This section details the motives behind the Initiative, stating, “Semiautomatic assault rifles are specifically designed to kill quickly and efficiently and have been used in some of the country’s deadliest mass shootings,” It goes on to say, “Enough is enough. The people find and declare that it is crucial and urgent to pass laws to increase public safety and reduce gun violence.”

Section 3: Enhanced Background Checks

The Public Safety and Semiautomatic Assault Rifle Act:

  1. will increase the age someone can purchase an AR-15 style rifle from 18 to 21.
  2. allows misdemeanor or felony charges to be leveled against a person who left a firearm accessible to someone prohibited from possessing weapons.
  3. details “Enhanced Background Checks”. According to the Initiative:

“ … no dealer may deliver a pistol to the purchaser thereof until:

(a) The purchaser produces a valid concealed pistol license and

the dealer has recorded the purchaser’s name, license number, and

issuing agency, such record to be made in triplicate and processed

as provided in subsection (((5))) (6) of this section. For purposes

of this subsection (1)(a), a “valid concealed pistol license” does

not include a temporary emergency license, and does not include any

license issued before July 1, 1996, unless the issuing agency

conducted a records search for disqualifying crimes under RCW

9.41.070 at the time of issuance.”

  1. No dealer may sell an “semiautomatic assault rifle” without proof that the purchaser has completed state approved firearm safety training within the last 5 years.
  2. The purchased firearm must be registered for serial number as well as make, model, and caliber. The gun registry information is then transmitted to the county the purchaser resides for tracking purposes.
  3. An additional $25-dollar fee is required to be charged by dealers, “To help offset the administrative costs of implementing this section as it relates to new requirements for semiautomatic assault rifles.”

Section 4:  WAITING PERIOD

  1. Purchaser is required to wait 10 days from the date the dealer requests a back-ground check to receive the firearm.

Section 5: SECURE GUN STORAGE

Anyone who does not adequately lock up their firearms, “Is guilty of community endangerment due to unsafe storage of a firearm in the first degree if a prohibited person obtains access and possession of the firearm and causes personal injury or death with the firearm” and the crime is considered a, “… gross misdemeanor punishable according to chapter 9A.20 RCW.”

This section does not apply if the prohibited persons:

  1.  “ … access to the firearm is with the lawful permission of the prohibited person’s parent or guardian and supervised by an adult.”
  2. “The prohibited person obtains, or obtains and discharges, the firearm in a lawful act of self-defense.”
  3. “The prohibited person’s access to the firearm was obtained as a result of an unlawful entry, provided that the unauthorized access or theft of the firearm is reported to a local law enforcement,” (a burglar stole the firearms, but the owner reported the theft to police.)

Section 15 defines Secure Gun Storage as, “(a) A locked box, gun safe, or other secure locked storage space that is designed to prevent unauthorized use or discharge of a firearm; and (b) The act of keeping an unloaded firearm stored by such means.”

Section 7: Waiver of Confidentiality.

For anyone purchasing a handgun or “semiautomatic assault rifle”, a signed application constitutes a waiver of confidentiality allowing any inquiring court or law enforcement agency to obtain health care, and mental health records.

Section 8: Health Institutions

Interestingly, Section 8 also deals with mental health.  It requires health institutions to, “… upon request of a court, ((or)) law enforcement agency, or the state, supply such relevant information as is necessary to determine the eligibility of a person to possess a ((pistol)) firearm or to be issued a concealed pistol license under RCW 9.41.070 or to purchase a pistol or semiautomatic assault rifle under RCW 9.41.090.”

Section 9: Release of liability

This section details that government personnel and both public and private entities, who, “… acting in good faith, are immune from liability.” Meaning if a criminal goes through all the appropriate channels and still commits a crime with a gun, the government cannot be held accountable.

Section 13: Age Restrictions

This section details persons under the age of 21 may not purchase a pistol or firearm. Persons between the ages of 18 and 21 may possess a pistol or “semiautomatic assault rifle” only:

(a) In the person’s place of abode;

(b) At the person’s fixed place of business;

(c) On real property under his or her control.

Initiative 1639 goes on for a total of 30 pages, much of which is important to dealers for staying compliant with state laws. If you would like to peruse it for yourself, you can read about Initiative 1639 here.

Police Chief Culp has instructed his officers not to enforce the new laws when they go into effect in January. The city council of Republic are now considering legislation to further protect the city from state and national laws targeting 2nd Amendment rights.

What do you think of what Chief Culp is doing? What do you think of a 2nd Amendment sanctuary city? Leave us a comment below to let us know.

, , , , ,

No comments yet.

Leave a Reply