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Source: November 6, 2018 General Election Results, Washington State Secretary of State, archived from the original on January 12, 2019 |
Elections in Washington |
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Initiative 1639 was a Washington state ballot initiative concerning firearms regulation that was passed into law on November 6, 2018. The initiative altered the gun laws in Washington by defining the term "semiautomatic assault rifle" to include all semiautomatic rifles, [1] [2] raising the minimum age for purchasing semiautomatic rifles from 18 to 21. It also imposes a 10-day waiting period before being allowed to claim a rifle from a firearms dealer, and expanded background checks to include medical records requiring a waiver of HIPAA rights. [3]
Initiative 1639 was passed into law by a vote of 59 percent to 41 percent in a public referendum that took place on November 6, 2018. [4] [5] The initiative concerned the regulation of firearms and made several amendments to state law: the minimum age of purchase of semiautomatic rifles was raised from 18 to 21, the extent of mandatory background checks for semiautomatic weapons purchasers was expanded, and requirements for home storage of firearms were established. [5] The restrictions created by the legislation did not extend to single-shot or bolt-action rifles and the new regulations generally mirrored those already in place for handguns. [5] According to The Seattle Times it was the most "ambitious" gun control legislation in the history of the state. [6]
The increased age limit for "semiautomatic assault firearm" purchases went into effect on January 1, 2019, but the provision defining such firearms did not go into effect until July 1, 2019, along with other provisions of the law. [7] [8]
The petition drive to place the initiative on the 2018 general election ballot raised $5.3 million, with funding coming from Microsoft co-founder Paul Allen, former Microsoft CEO Steve Ballmer, and others. [5] The proposed initiative was also supported by state Attorney General Bob Ferguson, who had previously proposed a statewide ban on semi-automatic rifles in response to the 2016 Mukilteo shooting. [6] The National Rifle Association of America (NRA) and other groups opposed to the measure raised approximately $600,000 to campaign against it. [5] Questions about whether the form of the petitions submitted by initiative backers complied with state law resulted in the measure being temporarily blocked from the ballot by order of the Thurston County Superior Court, though a subsequent ruling by the Washington State Supreme Court quashed the lower court injunction. [5]
Initiative Measure 1639 passed with 59.35% voting Yes and 40.65% voting No, with 1,839,475 Yes votes and 1,259,681 No votes, out of a total of 3,099,156 votes cast. [9]
County | No | Yes | Total |
---|---|---|---|
Adams | 64.45% | 35.55% | 100.00% |
2,718 | 1,499 | 4,217 | |
Asotin | 56.89% | 43.11% | 100.00% |
5,204 | 3,944 | 9,148 | |
Benton | 60.86% | 39.14% | 100.00% |
45,781 | 29,438 | 75,219 | |
Chelan | 54.79% | 45.21% | 100.00% |
18,488 | 15,255 | 33,743 | |
Clallam | 49.82% | 50.18% | 100.00% |
19,795 | 19,937 | 39,732 | |
Clark | 45.99% | 54.01% | 100.00% |
89,382 | 104,953 | 194,335 | |
Columbia | 69.42% | 30.58% | 100.00% |
1,546 | 681 | 2,227 | |
Cowlitz | 61.44% | 38.56% | 100.00% |
27,457 | 17,229 | 44,686 | |
Douglas | 62.70% | 37.30% | 100.00% |
9,426 | 5,608 | 15,034 | |
Ferry | 72.79% | 27.21% | 100.00% |
2,574 | 962 | 3,536 | |
Franklin | 59.74% | 40.26% | 100.00% |
13,332 | 8,984 | 22,316 | |
Garfield | 72.95% | 27.05% | 100.00% |
987 | 366 | 1,353 | |
Grant | 67.79% | 32.21% | 100.00% |
18,008 | 8,558 | 26,566 | |
Grays Harbor | 57.93% | 42.07% | 100.00% |
16,598 | 12,052 | 28,650 | |
Island | 44.07% | 55.93% | 100.00% |
18,633 | 23,644 | 42,277 | |
Jefferson | 32.22% | 67.78% | 100.00% |
6,742 | 14,183 | 20,925 | |
King | 23.58% | 76.42% | 100.00% |
226,117 | 732,773 | 958,890 | |
Kitsap | 42.80% | 57.20% | 100.00% |
51,850 | 69,283 | 121,133 | |
Kittitas | 57.40% | 42.60% | 100.00% |
11,168 | 8,290 | 19,458 | |
Klickitat | 59.89% | 40.11% | 100.00% |
6,468 | 4,332 | 10,800 | |
Lewis | 70.18% | 29.82% | 100.00% |
23,974 | 10,187 | 34,161 | |
Lincoln | 75.09% | 24.91% | 100.00% |
4,197 | 1,392 | 5,589 | |
Mason | 55.58% | 44.52% | 100.00% |
15,418 | 12,372 | 27,790 | |
Okanogan | 63.82% | 36.18% | 100.00% |
10,728 | 6,082 | 16,810 | |
Pacific | 55.20% | 44.80% | 100.00% |
6,034 | 4,897 | 10,931 | |
Pend Oreille | 69.85% | 30.15% | 100.00% |
4,840 | 2,089 | 6,929 | |
Pierce | 45.59% | 54.41% | 100.00% |
148,948 | 177,774 | 326,722 | |
San Juan | 28.29% | 71.71% | 100.00% |
3,142 | 7,964 | 11,106 | |
Skagit | 47.47% | 52.53% | 100.00% |
25,917 | 28,675 | 54,592 | |
Skamania | 60.46% | 39.54% | 100.00% |
3,410 | 2,230 | 5,640 | |
Snohomish | 41.11% | 58.89% | 100.00% |
132,435 | 189,709 | 322,144 | |
Spokane | 49.11% | 50.89% | 100.00% |
112,512 | 116,609 | 229,121 | |
Stevens | 73.14% | 26.86% | 100.00% |
16,608 | 6,100 | 22,708 | |
Thurston | 42.57% | 57.43% | 100.00% |
53,141 | 71,705 | 124,846 | |
Wahkiakum | 64.72% | 35.28% | 100.00% |
1,581 | 862 | 2,443 | |
Walla Walla | 52.56% | 47.44% | 100.00% |
13,483 | 12,172 | 25,655 | |
Whatcom | 39.80% | 60.20% | 100.00% |
43,649 | 66,032 | 109,681 | |
Whitman | 45.67% | 54.33% | 100.00% |
7,923 | 9,427 | 17,350 | |
Yakima | 55.83% | 44.17% | 100.00% |
39,467 | 31,226 | 70,693 | |
Grand Total | 40.65% | 59.35% | 100.00% |
1,259,681 | 1,839,475 | 3,099,156 [10] |
Yes won 7 of 10 congressional districts. [11]
District | Yes | No | Representative |
---|---|---|---|
1st | 59% | 41% | Suzan DelBene |
2nd | 62% | 38% | Rick Larsen |
3rd | 47% | 53% | Jaime Herrera Beutler |
4th | 39% | 61% | Doc Hastings |
5th | 48% | 52% | Cathy McMorris Rodgers |
6th | 57% | 43% | Derek Kilmer |
7th | 85% | 15% | Jim McDermott |
8th | 53% | 47% | Kim Schrier |
9th | 75% | 25% | Adam Smith |
10th | 56% | 44% | Denny Heck |
A lawsuit seeking to have the law overturned has been filed in federal court by the National Rifle Association and the Second Amendment Foundation. In August 2020, this challenge was dismissed in Federal court. As of August 31, 2020, this challenge has been handed over to the 9th Circuit Court of Appeals. [8]
The Revised Code of Washington establishes the state's 39 sheriffs as the "chief executive officer and conservator of the peace" of their respective counties and charges each to "keep and preserve the peace in their respective counties, and quiet and suppress all affrays, riots, unlawful assemblies and insurrections" and to "defend the county against those who ... endanger the public peace or safety". [12]
In what has been described as an "atypical" situation, a number of county sheriffs have gone on record stating they do not intend to apply the provisions of Initiative 1639 in their counties. [8] Some sheriffs have said they believe Initiative 1639 violates Article I, Section 24 of the Constitution of Washington, which says:
The right of the individual citizen to bear arms in defense of himself, or the state, shall not be impaired, but nothing in this section shall be construed as authorizing individuals or corporations to organize, maintain or employ an armed body of men. [13] [14]
Others have said the law is incongruous in that it would prohibit private ownership of semiautomatic firearms by 18-, 19-, and 20-year-old military veterans who were otherwise determined qualified to bear them by the United States Armed Forces as indicated by their military service. Still other sheriffs have said provisions of the legislation requiring certain measures of home security for privately owned firearms are either impossible to enforce in practice, or are a violation of the Fourth Amendment to the United States Constitution, which prohibits "unreasonable search". [8] [14] [15]
On February 12, Washington Attorney General Bob Ferguson issued an open letter to law enforcement refusing to enforce the initiative. Ferguson wrote that Initiative 1639 should be presumed constitutional as "no court has ruled that this initiative is unconstitutional." [16] Ferguson said if law enforcement refused to perform enhanced background checks on semiautomatic rifle purchases as required by the initiative, they could be held liable if a prohibited individual gets a gun and uses it in a crime. The sheriffs of Franklin and Lincoln counties said that the required background checks would be performed, despite their belief that the initiative is unconstitutional. [17] [18]
As of February 2019, the sheriffs of 12 of Washington's 39 counties — specifically Adams, Benton, Ferry, Grant, Grays Harbor, Kittitas, Klickitat, Mason, Okanogan, Pacific, Stevens, and Yakima counties, representing 1.5 million people, or 19% of the state's 7.5 million population — said they will not enforce the law, though some have indicated they will only refuse to do so until the final adjudication of pending lawsuits against the legislation. [8] [19] [20] [21]
The sheriff of Spokane County said he will not enforce the law, but accused other sheriffs who similarly stated they would not enforce it of "grandstanding". [8] [22]
The sheriffs of Lewis and Wahkiakum counties said they will apply the law in cases where they are aware it was transgressed, but would not take any steps to actively seek out or investigate violators. [23] [24] After warnings from the State Attorney General, two sheriffs who had initially said they would not enforce it, of Franklin, and Lincoln counties, said they would perform the background checks required by the law. [17] [18]
The sheriff of Cowlitz County has said he is undecided about whether or not to apply the law in his county. [25]
The sheriffs of 13 counties, with a total population of 4.8 million, or 64% of the state, specifically Asotin, Chelan, Clallam, Clark, Douglas, Island, Jefferson, King, Pierce, Thurston, Walla Walla, Whatcom, and Whitman counties, said they will enforce the law, though several said they personally opposed it. [8] [19] [26] [25] [27]
In an editorial, The News Tribune denounced sheriffs who refused to apply the law as "agitators" and accused them of rebellion, writing that the sheriffs who said they would refuse to enforce the law were usurping the legislative and judicial role. [26] In an editorial, the Walla Walla Union-Bulletin described Initiative 1639 as a "lousy" law but said the sheriffs of the state's counties should enforce it, a position also taken by the Moscow-Pullman Daily News. [28] [29]
In early February 2019, several pseudonymous Facebook posts threatened to assassinate sheriffs who refused to enforce the law, specifically naming Spokane County Sheriff Ozzie Knezovich. A representative of the Alliance for Gun Responsibility, which campaigned for the legislation, condemned the threats. [30]
In the United States, assault weapon is a controversial term applied to different kinds of firearms. There is no clear, consistent definition. It can include semi-automatic firearms with a detachable magazine, a pistol grip, and sometimes other features, such as a vertical forward grip, flash suppressor, or barrel shroud. Certain firearms are specified by name in some laws that restrict assault weapons. When the now-defunct Federal Assault Weapons Ban was passed in 1994, the U.S. Department of Justice said, "In general, assault weapons are semiautomatic firearms with a large magazine of ammunition that were designed and configured for rapid fire and combat use." The commonly used definitions of assault weapons are under frequent debate, and have changed over time.
Gun laws in the United States regulate the sale, possession, and use of firearms and ammunition. State laws vary considerably, and are independent of existing federal firearms laws, although they are sometimes broader or more limited in scope than the federal laws.
In the United States, open carry refers to the practice of visibly carrying a firearm in public places, as distinguished from concealed carry, where firearms cannot be seen by the casual observer. To "carry" in this context indicates that the firearm is kept readily accessible on the person, within a holster or attached to a sling. Carrying a firearm directly in the hands, particularly in a firing position or combat stance, is known as "brandishing" and may constitute a serious crime, but is not the mode of "carrying" discussed in this article.
In the United States, the right to keep and bear arms is modulated by a variety of state and federal statutes. These laws generally regulate the manufacture, trade, possession, transfer, record keeping, transport, and destruction of firearms, ammunition, and firearms accessories. They are enforced by state, local and the federal agencies which include the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
Gun laws in California regulate the sale, possession, and use of firearms and ammunition in the state of California in the United States.
The Roberti–Roos Assault Weapons Control Act of 1989 (AWCA) is a California law that bans the ownership and transfer of over 50 specific brands and models of firearms, which were classified as assault weapons. Most were rifles, but some were pistols and shotguns. The law was amended in 1999 to classify assault weapons by features of the firearm. Firearms that were legally owned at the time the law was passed were grandfathered if they were registered with the California Department of Justice. The law was overturned in June 2021 in Miller v. Bonta; the ruling is stayed pending appeal.
The Smith & Wesson M&P15 is an AR-15 style semi-automatic rifle by Smith & Wesson. Introduced in 2006, the firearm is designed for police use and consumer markets.
Gun laws in New York regulate the sale, possession, and use of firearms and ammunition in the U.S. state of New York, outside of New York City which has separate licensing regulations. New York's gun laws are among the most restrictive in the United States.
Gun laws in Illinois regulate the sale, possession, and use of firearms and ammunition in the state of Illinois in the United States.
Gun laws in Maryland regulate the sale, possession, and use of firearms and ammunition in the U.S. state of Maryland.
Gun laws in Nevada regulate the sale, possession, and use of firearms and ammunition in the state of Nevada in the United States.
Gun laws in Pennsylvania regulate the sale, possession, and use of firearms and ammunition in the Commonwealth of Pennsylvania in the United States.
Gun laws in Washington regulate the sale, possession, and use of firearms and ammunition in the state of Washington in the United States.
An AR-15–style rifle is a lightweight semi-automatic rifle based on or similar to the Colt AR-15 design. The Colt model removed the selective fire feature of its predecessor, the original ArmaLite AR-15, itself a scaled-down derivative of the AR-10 design by Eugene Stoner. It is closely related to the military M16 rifle.
The Public Safety and Recreational Firearms Use Protection Act, popularly known as the Federal Assault Weapons Ban, was a subsection of the Violent Crime Control and Law Enforcement Act of 1994, a United States federal law which included a prohibition on the manufacture for civilian use of certain semi-automatic firearms that were defined as assault weapons as well as certain ammunition magazines that were defined as large capacity.
Assault weapons legislation in the United States refers to bills and laws that define and restrict or make illegal the manufacture, transfer, and possession of assault weapons. How these firearms are defined and regulated varies from jurisdiction to jurisdiction; generally, this constitutes a list of specific firearms and combinations of features on semiautomatic firearms.
A high-capacity magazine ban is a law which bans or otherwise restricts detachable firearm magazines that can hold more than a certain number of rounds of ammunition. For example, in the United States, the now-expired Federal Assault Weapons Ban of 1994 included limits regarding magazines that could hold more than ten rounds. As of 2022, twelve U.S. states, and a number of local governments, ban or regulate magazines that they have legally defined as high-capacity. The majority of states do not ban or regulate any magazines on the basis of capacity. States that do have large capacity magazine bans or restrictions typically do not apply to firearms with fixed magazines whose capacity would otherwise exceed the large capacity threshold.
In the United States, a red flag law is a gun law that permits a state court to order the temporary seizure of firearms from a person who they believe may present a danger. A judge makes the determination to issue the order based on statements and actions made by the gun owner in question. Refusal to comply with the order is punishable as a criminal offense. After a set time, the guns are returned to the person from whom they were seized unless another court hearing extends the period of confiscation.
The Parkland high school shooting was a mass shooting that occurred on February 14, 2018, when 19-year-old Nikolas Cruz opened fire on students and staff at Marjory Stoneman Douglas High School in the Miami metropolitan area city of Parkland, Florida, killing 17 people and injuring 17 others. Cruz, a former student at the school, fled the scene on foot by blending in with other students and was arrested without incident approximately one hour and twenty minutes later in nearby Coral Springs. Police and prosecutors investigated "a pattern of disciplinary issues and unnerving behavior".
Oregon Ballot Measure 114, the Reduction of Gun Violence Act, is an Oregon state initiative that was narrowly approved by voters on November 8, 2022. It changes gun laws in Oregon to require a permit to purchase or acquire a firearm, and to ban the sale, transfer, and importation of magazines that "are capable of holding" more than ten rounds of ammunition. The law is currently on hold pending an appeal to the Oregon State Court of Appeals regarding the legality of the measure.