WA State Alien Firearms Licenses Part II

[MD_Willington]

Here we go again...

WA State LPRs and all other WA State residents for that matter, check in...

Tune in to this:
http://apps.leg.wa.gov/billinfo/summary.aspx?bill=1052&year=2009

Find Your Legislator
http://apps.leg.wa.gov/DistrictFinder/Default.aspx

Please contact them and urge them to support

HB 1052 - 2009-10

This will reinstate issuing of the AFL to non-immigrant aliens

AND aparently

Drop the requirement for LPRs aka Green Card Holders... as the license is a violation of your 14th and 2nd A rights guaranteed to you once you obtained your Green Card.

Thank you for your time...


PS theres's a catch...

This was veteod last year...


And it is coming quicker than you think...

Jan 15 2009 Scheduled for public hearing in the House Committee on Judiciary at 10:00 AM in anticipation of other legislative action.


!!! GO GO GO !!!

 

[MD_Willington]

RE HB1052 support...

Matt,

Senator Schoesler asked me to let you know that he will be a strong "YES" vote on this issue if it comes to the floor for consideration this session. Thanks for taking the time to share your thoughts.

Krista Winters
Legislative Aide to
Senator Mark Schoesler

 

[MD_Willington]

More replies:

Yes – I have worked with Rep. Blake and Moeller to get this to work. I do not expect this to be a problem.

Ross

Matt,
I just noticed that HB 1052 has been introduced this year regarding alien firearms. Could you please take a look at it and let me know if it resolves your issues? If you agree, I would consider co-sponsoring the bill.

Thanks,
Joe Schmick
State Representative

 

[MD_Willington]

Contact these people and ask them to support HB1052

House Committee on Judiciary members and contact information:

Representative Steve Kirby
Democrat
Tacoma
(360) 786-7996
[email protected]

Representative Dennis Flannigan
Democrat
Tacoma
(360) 786-7930
[email protected]

Representative Timm Ormsby
Democrat
Spokane
(360) 786-7946
[email protected]

Representative Jay Rodne
Republican
North Bend
(360) 786-7852
[email protected]

Representative Mary Helen Roberts
Democrat
Lynnwood
(360) 786-7950
[email protected]

Representative Roger Goodman
Democrat
Kirkland
(360) 786-7878
[email protected]

Representative Troy Kelley
Democrat
Tacoma
(360) 786-7890
[email protected]

Representative Jamie Pedersen
Democrat
Seattle
(360) 786-7826
[email protected]

Representative Charles Ross
Republican
Naches
(360) 786-7856
[email protected]

Representative Judy Warnick
Republican
Moses Lake
(360) 786-7932
[email protected]

Representative Matthew Shea
Republican
Mead
(360) 786-7984
[email protected]

 

[MD_Willington]

Please contact them,the bill goes to them on the 22nd of January.

 

[MD_Willington]

The bill goes to a "Possible Executive Session"

The more people that contact the committee the better.

If they give it the thumbs up, then it goes to Rules...

If it gets the thumbs up there it goes to the Governor.

 

[armedandsafe]

Received this yesterday from Senator Holmquist:

Thank you for your note about House Bill 1052.


In the Senate, Senate Bill 5193 appears to be similar if not identical. Should the bill pass out of committee (I do not sit on the committee to which it was referred.), I'll keep your support of the bill in mind.


Thanks again for the note. I hope to hear from you in the future.


Sincerely,


Senator Janéa Holmquist
13th Legislative District

Should both bills pas their respective Houses, they will have to then meet in committee to be resolved and merged.

If they give it the thumbs up, then it goes to Rules...

If it gets the thumbs up there it goes to the Governor.

I thought it would then go to the Senate, rather than straight from the House to the Governor.

Pops

 

[Gungnir]

Hmm...

I read the wording in SB 5195 and it seemed that it was focused on hunting.

AN ACT Relating to weapons possession by an alien when hunting with a Washington-licensed hunter; and amending RCW 9.41.170.

(5) This section shall not apply to a nonimmigrant alien who is carrying or possessing weapons for the purpose of using them in the hunting of game while such person is in the act of hunting, or while on a hunting trip, while accompanied by a nondeferred Washington-licensed hunter who has held a Washington hunting license for the prior three years and is over eighteen years of age. Nothing in this section shall be construed to allow aliens to hunt or fish in this state without first having obtained a nonresident hunting or fishing license. For the purposes of this subsection, "accompanied" means to go along with another person while staying within a range of the other person that permits continual unaided visual and auditory communication.

The sections between relate to the AFL as currently defined in RCW 9.41.170 (maybe the state senate haven't heard that since the DOL aren't happy with a WSP supplied summary, the FBI stopped sending background checks for ALF's to WSP). However it STILL contravenes the 2A, since there is no clause for RKBA for other than hunting, this might wind up being more restrictive than the current law.

There's also language that states in the clause I added that an ALIEN (regardless of status I assume since it doesn't clarify) needs a NON-RESIDENT hunting license, how very 21st century of them, I guess this is because a nonresident license is more expensive, but I also object that according to this bill, I'm classified as a nonresident of Washington State, obviously for the purposes of price gouging, which could be seen as taxation without representation.

You know, I suspect that by the time this is all sorted out, I'll have retired to Alaska, and surviving out on my Land. Or a US Citizen, or perhaps both in any of these cases this issue I have disappears.

 

[MD_Willington]

Yeah I'll probably be sworn in too before this is sorted out...

Pops, you probably know more about the steps than I do..

Anyway, I have my people people on speed dial and she'll keep me updated on HB1052

Otherwise we can only hope the NRA lawsuit gets us to where we want to be if these bills get dropped.

 

[waverace]

YAY !

Hey guys well it seems like 1052 will be the ticket us LPR's need , about time .
havent been on the forum for a while but will be checking in more reguarly from now on to keep up with this , MD keep up the good work , I'm keeping my fingers crossed on my left hand and keeping my trigger finger supple on the right my local dealer has a really nice mosin carbine that I'd like to buy as a late xmas gift to myself , lets hope its still there when it gets sorted .
Will be interesting to see the flood of gun sales if this passes .

 

[MD_Willington]

eh crap... received this today

This bill was pulled from the hearing schedule.
I need to call on it and find out what that means and why.
Main thing is it is very early in session, so we have lots of time.
Give me until tomorrow to figure this one out.

BOOO

 

[carnaby]

This was veteod last year...

So it went to the governor and she vetoed it?

 

[waverace]

c'mon NRA

do they not realise that if this isnt put right , then the NRA are gonna bust it completely , or at least they are gonna try .:banghead: so whats happening with that law suit ? from what I understand that was put in back in november .

 

[Gungnir]

Yep, if the AFL is considered illegal by the federal court then WA State could be in some trouble.

Consider, loss of earnings, and punitive damages from class action lawsuits, I wonder whether anyone has been deported for contravening RCW 9.41.170 what damage did that cause them, in property loss, loss of earnings etc. not to mention damage inflicted. For those not directly impacted by contravening then there is still a case that they have had their rights impinged for a number of years, and this could lead to punitive damages.

IANAL but I can talk to one if the NRA win this suit and see what the position would be on trying this.

 

[Gungnir]

Just received this from Jim Moeller

Hi:
The executive session has been delayed to take advantage of another opportunity to group the bill with another. I have assurance from the chair that the bill will be exec from committee. Thanks for your
interest.

-jm

 

[MD_Willington]

Ah, that sounds better Gungnir...

The plaintiffs in the NRA suit are possibly going to lose employment, personal property, the ability to stay in the USA & become a US citizen or all 3 of those combined.

As you're probably aware, a lot of LPR's are married to a US citizen, and may have children, born in the US, that are US citizens. By removing the firearms, the State would be denying those firearms to both the LPR and the US citizen spouse and or children who may also be US citizens.

That would be what 3 violations, 14th, 2nd and 4th..

14th - Equal protection

Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

2nd - Right to bear arms.

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

4th - Property confiscation

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

 

[Gungnir]

Yeah, I sent a message back, explaining my concern after similar incidences in previous sessions

Yes, you're right on the counts, my Immigration Attorney demanded my wife's gun collection be locked in a safe or safe area that I do not have the key or combination to, and that under no circumstances should she have any weapon unlocked while I was present (so no "just in case" shotgun under the bed), until I can obtain an AFL. I quoted the 14th and 2nd at him, and explained that he was requesting that a US Citizen voluntarily suspend their 2nd amendment rights and self defense rights, for my safety, to which he said he didn't agree either, but that was WA for you. Actual or constructive possession was his concern.

But we'll see what happens, I think that SB5195 and HB1052 will be merged, I'm just not that happy with the wording of SB5195, since it still requires an AFL for anything but hunting. But if they repeal RCW 9.41.170 for LPRs, and then add section 5 of SB5195 I'd be happier.

 

[MD_Willington]

Just wanted to correct the State Bill

it is SB5193

 

[PBinWA]

Thanks for your work MD!

Email sent to my Senators and Reps.

 

[waverace]

looks like HB 1052 is going in on the 29th (subject to change)
http://www.leg.wa.gov/Legislature/_...Committees/JUDI/agendas.htm&NRCACHEHINT=Guest

 

[Gungnir]

Does anyone have a link for the NRA/SAF court filing, and findings?

I've dug through the WA court system for this and can't find it.

TIA

 

[waverace]

I couldnt find anything on it either , maybe it wasnt filed in WA state , does anyone have an insider in the NRA or SAF that could keep us posted on this ?

 

[MD_Willington]

PM me you email addresses.. I have the a load of PDFs on the case.

 

[MD_Willington]

Email sent

 

[waverace]

and you could hear a pin drop

its very quiet in here , are you all holding your breath . I wouldnt recommend it