Democrats in Washington State have introduced SB 5737, which seeks to severely restrict ownership of military pattern rifles and more. It also seeks to destroy or permanently disable every so-called “assault weapon” by forcing them to be rendered inoperable upon inheritance. ARTICLE at Examiner.
The bill, S.B. 5737, proposes “banning the sale of assault weapons.” According to the legislation, an “assault weapon” is any semiautomatic pistol, pump-action rifle or shotgun that can accept a detachable magazine, with the capacity to accept more than 10 rounds. Any magazine that accepts over 10 rounds itself will also be banned.
Also included in the definition is any rifle or shotgun with a pistol grip, a stock of any kind, a muzzle brake or muzzle compensator. The bill also prohibits the manufacturing, possessing, purchasing, selling or transferring of an assault weapons “conversion kit.”
This bill allows law enforcement to enter residents’ property once a year to inspect the storage of the weapons (and also to verify they are still there, and that no others have fund their way into private inventories). It should be accepted that while on site, they will be looking at anything that might warrant further “inspection” of the premises.
On the other hand, the Great State of Oregon boasts a Sheriff in Linn County, that is in tune with hundreds of others across the nation – stating that he will not enforce or allow enforcement of unconstitutional laws. ARTICLE. In it, he says:
“Politicians are attempting to exploit the deaths of innocent victims by advocating for laws that would prevent honest, law abiding Americans from possessing certain firearms and ammunition magazines,” wrote Mueller.
“In summary, it is the position of this sheriff that I refuse to participate, or stand idly by, while my citizens are turned into criminals due to the unconstitutional actions of misguided politicians,” Mueller wrote in closing.
What these two simple stories, and many many more like them illustrate is this: The situation is very fluid, with some extremely hard pockets of resistance. If you want to know where your sheriff stands on these things, contact him and request his official position on the matter. Washington is a fairly blue state, but has had firearms freedom as a part of its history. But that can change quickly.
In case you wanted to have some quick and dirty understanding of where the Right to Keep and Bear Arms comes from, and how the Constitution treats it, read this long comment provided by Jack Carpenter beneath the Washington Gun Ban article.
Weapons used in common by the military are off limits to government state or federal [US v Miller].
Right to bear arms is not guaranteed by the second amendment and exists without it, the second amendment simply states it shall not be infringed as a secondary protection of the right [US v cruikshank].
“Government may not prohibit or control the conduct of a person for reasons that infringe upon constitutionally guaranteed freedoms.” [Smith v. U.S. 502 F2d 512 CA Tex (1974)].
“Constitutional rights may not be infringed simply because the majority of the people choose that they be.” [Westbrook v. Mihaly 2 C3d 756].
“Disobedience or evasion of a Constitutional Mandate cannot be tolerated, even though such disobedience may, at least temporarily, promote in some respects the best interests of the public.” [Slote vs. Examination, 112 ALR 660. ]
“To prohibit a citizen from wearing or carrying a war arm… is an unwarranted restriction upon the constitutional right to keep and bear arms. If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the penitentiary and gallows, and not by a general deprivation of constitutional privilege.” [Wilson v. State, 33 Ark. 557, at 560, 34 Am. – 1878″]
Can we put this stupid grand standing of “I’ll ban guns for a vote, wasting taxpayer money to have the law overturned in court (probably a lower one since it cannot pass Constitutional muster to withstand even the lower, less informed courts) ” to bed yet? It’s getting old, it’s not going to happen and trying is going to start a war. This isn’t one of those, man the government is out of hand situations. It’s one of those replace by force if they don’t voluntarily leave kind of situations. Just registered hunters alone constitute an army larger than any military on the planet. Not to mention I have several guns and never have had a hunting license, I’m sure there are plenty of those out there too. People are buying bullets faster than they can make them. Do you think it’s because they are storing them to eat in case of an economic collapse? Nope, it’s incase they try to ban guns and it isn’t overturned as it should be. This is the government our forefathers warned us about.