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WA gun bill includes police searches without warrants
Hotair ^

Posted on 02/21/2013 6:37:55 PM PST by chessplayer

Oh, let’s not call them searches. Let’s call them inspections, just a small price for gun owners to pay for exercising a right explicitly protected in the Constitution, and without any probable cause apparent for a crime being committed. After all, we know that will convince criminals not to keep weapons, right?

Even gun-control activists in Washington are embarrassed by this, er, mistake (via Instapundit):

Forget police drones flying over your house. How about police coming inside, once a year, to have a look around?

As Orwellian as that sounds, it isn’t hypothetical. The notion of police home inspections was introduced in a bill last week in Olympia.

That it’s part of one of the major gun-control efforts pains me. It seemed in recent weeks lawmakers might be headed toward some common-sense regulation of gun sales. But then last week they went too far. By mistake, they claim. But still too far.

“They always say, we’ll never go house to house to take your guns away. But then you see this, and you have to wonder.”

Most of us aren’t wondering. As for this being a “mistake,” the description from Danny Westneat in the Seattle Times makes it sound like a pretty deliberate error:

But then, with respect to the thousands of weapons like that already owned by Washington residents, the bill says this:

“In order to continue to possess an assault weapon that was legally possessed on the effective date of this section, the person possessing shall … 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.”

In other words, come into homes without a warrant to poke around. Failure to comply could get you up to a year in jail.

A mistake is a typo or forgetting to insert or remove a key word in legislation; that happens from time to time, with embarrassing but not usually substantial consequences. This was obviously a deliberate part of the bill, intended to intimidate gun owners into giving up the exercise of their rights, again with the meaningless rubric of “assault weapons.”


TOPICS: News/Current Events
KEYWORDS: guncontrol; secondamendment

1 posted on 02/21/2013 6:38:00 PM PST by chessplayer
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To: chessplayer

Bill died a couple days ago but stay on the look-out.


2 posted on 02/21/2013 6:39:53 PM PST by steve86 (Acerbic by Nature, not NurtureĀ™)
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To: chessplayer

I guess they thought if they called it an inspection, not a search, they could get around the search warrant thing.


3 posted on 02/21/2013 6:40:39 PM PST by chessplayer
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To: steve86

They will try to sneak it in again somewhere down the road.


4 posted on 02/21/2013 6:45:02 PM PST by chessplayer
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To: chessplayer

It was first proposed in 2005. The thing is that the Democrat legislators that introduced the current one said they didn’t read it. It was only eight pages.


5 posted on 02/21/2013 6:45:30 PM PST by SkyDancer (Live your life in such a way that the Westboro church will want to picket your funeral.)
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To: chessplayer

Ps. - they need eight pages to say we’re going to check you out once a year? See how you’re locking up your assault rifle? Because that was what it was all about.


6 posted on 02/21/2013 6:46:49 PM PST by SkyDancer (Live your life in such a way that the Westboro church will want to picket your funeral.)
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To: chessplayer
“In order to continue to possess an assault weapon that was legally possessed on the effective date of this section, the person possessing shall … 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.”

What does "safely and securely store the assault weapon" mean?

A weapon that's locked up and unloaded is useless for self-defense.

7 posted on 02/21/2013 7:10:15 PM PST by Jeff Winston
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To: chessplayer
A flash from the past...Local governments can inspect inside your private home 7/26/02
Asked if a warrant was needed by the inspectors to enter the house, Wallner first said, "No. We've been doing that since the 1960s." Asked what would happen if a homeowner refused to allow inspectors into the house without a warrant, Wallner replied, "We get an administrative search warrant. Then they have to let us in, but that never happens."

Key words...administrative search warrant.

8 posted on 02/21/2013 7:21:54 PM PST by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
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To: chessplayer
1	 Any assault weapon relinquished pursuant to this subsection shall be
2	destroyed;
3		(b)		The transfer of any assault weapon by a licensed manufacture
4	or dealer to a law enforcement agency in this state for use by that
5	agency or its employees for law enforcement purposes;
6		(c)		The possession of an assault weapon that was legally possessed
7	on the effective date of this section, but only if the person legally
8	possessing the assault weapon has complied with all of the requirements
9	of subsection (5) of this section;
10		(d)		The possession of an assault weapon that has been permanently 
11	disabled so that it is incapable of discharging a projectile.
12		(4)		Subsection (2) of this section shall not apply to any person:
13		(a)		while lawfully engaged in shooting at a duly licensed, lawfully
14	operated shooting range;
15		(b)		While lawfully participating in a sporting events officially
16	sanctioned by a club or organization established in whole or in part
17	for the purpose of sponsoring sport shooting events.
18		(5)		In order to continue to possess an assault weapon that was
19	legally possessed on the effective date of this section, the person
20	possessing the assault weapon shall do all of following:
21		(a) 	Safely and securely store the assault weapon.   The sheriff of
22	the county may, no more than once per year, conduct an inspection to
23	ensure compliance with this subsection; [Emphasis Added]
24		(b)		Possess the assault weapon only on property owned or
25	immediately controlled by the person, or while engaged in the legal use
26	of the assault weapon at a duly licensed firing range, or while
27	traveling to or from either of these locations for the purpose of
28	engaging in the legal use of the assault weapon, provided that the
29	assault weapon is stored unloaded and in a separate locked container
30	during transport.
31		(6)		Notwithstanding any other provisions of this section, any person
32	in this state who, after the effective date of this section, acquires
33	title to an assault weapon by inheritance, bequest, or succession,
34	shall, within thirty days of acquiring title, do one of the following:
35		(a)		Comply with all of the requirements of subsection (5) of this
36	section;
37		(b)		Dispose of the assault weapon pursuant to subsection (3) (a) of
38	this section; or

											p. 7    			SB   5737

	The under signed declares under penalty of perjury of the laws of the State of Washington, and the laws of the 
United States of America 18 U.S.C. § 1621 & § 1746  and The State of Washington “FALSE SWEARING” (R.C.W. 9A. 72.040), that 
the above statement(s)/ content (Except Formatting) are true and correct to the best of Affiant’s knowledge, 
Executed this 21st, day of February, 2013, at Stanwood, Washington.

SS/ Stanwooddave- A.K.A; D.P.G.

The same wording as was on bill SB 6396, Pg 7, of  SB 6396, Line(s) 19 thru 21. http://apps.leg.wa.gov/documents/billdocs/2009‑10/Pdf/Bills/Senate%20Bills/6396.pdf

++++++++++++++++++++++++++++++++++++++++
Letter(s) to the Editor:
Senators have pursued this before

	I read Danny Westneat’s Feb. 16th column in The Seattle Times titled “Slip-up may slam doors on gun 
law,” [NWSunday, Feb. 17] and became quite concerned.

	There was no mistake in the bill (SB 5737), which was sponsored by Sens. Ed Murray, Jeanne Kohl-
Welles and Kline.

	The column reads:
	“I spoke to two of the sponsors. One, Sen. Adam Kline, D-Seattle, a lawyer who typically is
	hyper-attuned to civil-liberties issues, said he did not know the bill authorized police searches because he
	had not read it closely before signing on.

	‘I made a mistake,’ Kline said. ‘I frankly should have vetted this more closely.’”

	In the 2010 legislative session, Kline was the primary sponsor of SB 6396. [Link: http://apps.leg.wa.gov/documents/billdocs/2009-10/Pdf/Bills/Senate%20Bills/6396.pdf]

	This is virtually identical to the current bill he has attached himself to as a co-sponsor. It contains the exact 
	same section calling for sheriff inspections of homes [Page 7, lines 19-21].

	It was not inserted into this current bill from a staffer, as claimed in the column. It was there in the 
	beginning. With two sponsors of identical bills in separate years we are lead to believe that they didn’t 
	know the provision was in there.

	Come on, wake up and tell the truth.
	--Billy Don Card Jr., Wenatchee
///////////////////////////////////////////////////

Senator's Kline and Kohl-Welles sponsored SB 5475-2005 and 6396-2010; both bills would have permitted
the local sheriff's to perform unannounced inspections of resident’s homes without a warrant.

9 posted on 02/21/2013 7:25:43 PM PST by Stanwood_Dave ("Testilying." Cop's don't lie, they just Testily{ing} as taught in their respected Police Academy.)
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To: SkyDancer
Yup...3x in fact
http://apps.leg.wa.gov/documents/billdocs/2009-10/Pdf/Bills/Senate%20Bills/6396.pdf
Damn, 3rd link isnt working...
Same language, both times
(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; c) 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;
10 posted on 02/21/2013 7:28:31 PM PST by 45semi (A police state is always preceded by a nanny state...)
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To: 45semi

You have to ask what they mean by “safely and secure”? ... if you need it like now, how fast can you get to it. Oh, I forgot. Biden says get a shotgun and fire two shots in the air. Should work. I guess. He’s the VP after all.


11 posted on 02/21/2013 7:36:36 PM PST by SkyDancer (Live your life in such a way that the Westboro church will want to picket your funeral.)
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