Seattle a Sanctuary for Undocumented Criminals

Seattle is not exactly a cowboy town but a little like a rodeo.

Whether its marching in a “PRIDE” parade with your weapon in plain view or riding your Harley to Sturgis with the rest of the Iron Pigs, we all have our point of view.

Rebecca Griego also had a point of view. She wanted to be safe from a man that was stalking her. She obtained a Domestic Violence Protection Order. Nevertheless, she was murdered by a man that was known to be stalking her for a long time in Seattle: Read more

Surveillance & Disaster Preparedness in Federal Way

I just completed three days in a Surveillance Detection Training class. The Department of Homeland Security (DHS) provides some very valuable training in many areas related to protecting your home, community and critical infrastructure such as utilities and industrial facilities.

The class was primarily attended by folks that supervise security personnel. You may wonder why a firearms lawyer participated in surveillance exercises with professional operators responsible for guarding some of the most critical resources all over our state. Read more

NFA Trusts Available for Washington Gun Owners

Many gun owners are interested in holding certain items that are restricted under the National Firearms Act. There are several advantages in using revocable trusts to hold weapons and other components that come under the purview of Title II of the NFA. Read more

Can the UN Repeal Your Washington State Gun Rights?

Medellín v Texas is a landmark that stands for freedom in the United States.

See United States

In recent years, some members of the U.S. Supreme Court have made attempts to meld U.S. law with foreign law. International norms are apparently a new prism through which U.S. Constitutional law should be interpreted, according to some justices.

For example, in criticizing the Court’s own previous decision upholding state laws against consensual sodomy, the Court stated: Read more

Summary of Second Amendment Brief

The SAF brief is especially important because Justice Scalia’s majority opinion in DC v Heller drew on many sources referenced in the following brief.

The Second Amendment Foundation (“SAF”), a tax exempt organization under § 501(c)(3) of the I.R.C., is a non-profit educational foundation incorporated in August 1974 under the laws of the State of Washington.

SAF seeks to preserve the effectiveness of the Second Amendment through educational and legal action programs. SAF has 650,000 members and supporters residing in every state of the Union.
♦ ———————————
The language, grammar, and history of the Amendment show both that its protection is not limited to militia related activities, and that the protected right does extend to having arms for self defense against violent criminals.
♦ ———————————

Read more

Plan to Ban Guns in Seattle, Washington

Seattle Mayor Greg Nickels recently announced a plan to ban guns at all city facilities, including parks, Seattle Center and community centers. He was already kicking against the restrictions of Washington’s state preemption law- a state statute that absolutely restricts the regulatory authority of local governments when it comes to almost everything pertaining to firearms. The legislature’s rationale was to make sure that checkerboard laws do not make gun ownership and sales impracticable on a jursidiction by jurisdiction basis.

A man with a Concealed Pistol License injured two people in a shooting at the Northwest Folklife Festival at Seattle Center. Apparently there was some kind of scuffle, possibly occurring when someone decided to grab his weapon because of concerns about safety (something that should have been dealt with by the police- not self help- if the concern was well-founded). The incident became a triggering event for the Mayor to hold a news conference with Police Chief Gil Kerlikowske (also an advocate of further gun controls, Chief Kerlikowske is known around our area as the chief that let his weapon get stolen from his unlocked vehicle). Mayor Nickels declared “Our parks, our community centers and our public events are safer without guns.”

The executive order, which does not require City Council approval, will apply even to citizens with a concealed-weapon permit.

Violators will be considered trespassers and asked to leave city property, but the city does not have authority to impose fines or jail time (due to the above referenced preemption statute:

RCW 9.41.290
State preemption.

The state of Washington hereby fully occupies and preempts the entire field of firearms regulation within the boundaries of the state, including the registration, licensing, possession, purchase, sale, acquisition, transfer, discharge, and transportation of firearms, or any other element relating to firearms or parts thereof, including ammunition and reloader components. Cities, towns, and counties or other municipalities may enact only those laws and ordinances relating to firearms that are specifically authorized by state law, as in RCW 9.41.300, and are consistent with this chapter. Such local ordinances shall have the same penalty as provided for by state law. Local laws and ordinances that are inconsistent with, more restrictive than, or exceed the requirements of state law shall not be enacted and are preempted and repealed, regardless of the nature of the code, charter, or home rule status of such city, town, county, or municipality.

Many state legislators are asking the state Attorney General’s Office to issue an opinion as to the Mayor’s announcement. The order directs city departments to report back to Nickels within thirty days with a plan to implement the policy, so the state AG’s office is reluctant to plunge into the fray where restrictions are contemplated but not actually imposed at this time.

According to one local news article, Nickels stated the city will start by posting signs in city buildings such as City Hall:

The mayor said he hopes the city will not have to require pat-downs or metal detectors in city buildings, but suggested those measures as a possibility for festival organizers of events such as Bumbershoot at Seattle Center.

“I would not be surprised if there is a challenge to our authority on this,” Nickels said. He said a recent lawsuit involving the city of Sequim may give him authority to ban concealed weapons on city property.

The Sequim case involved gun show operators that sued the City of Sequim for interference with contractual relations when the City required that the premises (the venue for the gunshow was owned by the City) would be restricted to gun sales by dealers only. The court held that where the City was acting in a capacity similar to a private business, imposition of some restriction on gun sales did not violate RCW 9.41.290.

See Pacific Northwest Shooting Park Association v City of Sequim, 158 Wash.2d 342 (2006).

Many Washington localities have already been doing what Mayor Nickels wants to do. Cities like Federal Way have simply been violating the state preemption law without advertising it. The Mayor of Seattle thinks he can throw around enough weight to make the legislature cave-in to his fiat. The Washington State legislature is so heavily Democrat that it often seems impossible to block most of the Demsocratic majorities wishes.

So far, there have been enough Democrats from Eastern Washington and Republican stalwarts to hold the line on gun laws. Those “blue dog” Dem and GOP lawmakers must feel like the the boy with his thumb holding back a flood of firearms restrictions, but every year they manage to keep a number of laws (like gun show restrictions) from getting reported out of committee.

It is going to be interesting to see how the U.S. Supreme Court’s recent decision in DC v Heller will impact the lawmakers in state capitals around the country. Already cities in Illinois and other states are amending their laws. Morton Grove, Illinois, for instance, is busy modifying its longstanding restrictions. If a future Court is composed of justices like Breyer, Souter, Ginsburg, Stevens and Kennedy the issues may be relitigated so the upcoming presidential election is critical!

The difference between Constiturional strict constructionists and those that worship at the altar of “the Living Constitution” is that conservatives obey judge-made laws even when we do not agree with them. Many of the media hacks have been denouncing DC v Heller as judical activism and Washington, DC announced that it will register revolvers but not semi-autos! To call such conduct passive-aggressive behavior is an understatement. It is more like lawlessness on the part of the authorities in Washington, DC. It is no wonder there is so much crime on the streets. When the powers that be are not setting criminals loose or spending our tax dollars to promote some new social lunacy, they are busy finding ways to prevent us from effectively defending ourselves.

By the way, people in the inner-cities are most often the victims of violence and are often afraid to testify in court. For such folks (like the citizens of Washington, DC), the issue of defending one’s home and family is not an academic exercise in pettifoggery and parsing legal hairs. Not with gangs of drug dealers ruling the streets.

In order to make such claims, the “newspapers of record” claim that it is settled Constitutional doctrine that the Second Amendment only protects state militias. If you said such a thing to James Madison, Thomas Jefferson or John Adams they would think you had lost your mind! So much for objectivity.

We need to start registering journalists; but just in the big cities, because that is where all the major journalistic crimes are being fomented. We can start with NYC and then move to Chicago, Washington, DC and San Francisco.

Every registered journalist will be required to keep a key-lock on his or her keyboard. If one of these journalists tries to defend herself in writing by calling me (or anyone like me) a right-wing fanatic, ignorant redneck or lawyer affiliated with the religious right, the feds should revoke his/her license and prosecute for brandishing an automatically-keyed writing utensil with intent to intimidate.

The First Amendment balancing test will apply, of course. I am not in favor of chilling freedom of speech!

Jews Present Armed Resistance

As modern day Israel prepared to celebrate Purim, a Palestinian gunman was preparing to slaughter Israeli people in the same way that Haman attempted to do in the time of Esther. Purim is the annual celebration of the great deliverance of the Jewish people in the days of Queen Hadassah (Esther):

These holy days are observed to honour the defeat of the enemies of GOD’S people. Purim commemorates the downfall of Haman (means: tumult), the enemy of the Jewish people in the Persian Empire. As such, Haman is a type of Satan, the “accuser” – the one who has throughout history, sought to eliminate the Hebrew race. Haman had the king’s servants cast lots (purim) to determine the date on which the Jews would be destroyed, but his wicked plan was thwarted because of GOD’S great mercy and the obedience of Hadassah (Queen Esther). Read more

Journalists Need to Explain How the Second Amendment Keeps Everyone More Safe

“Take no part in the worthless deeds of evil and darkness; instead, rebuke and expose them.”

Ephesians 5: 11

Reporters Without Borders reported that more journalists have been executed in the Philippines than anywhere in the world (they started counting in the 1980s). Read more

Armed Civilian’s Rules of Engagement

1. All predators are always killers. When they attack, your options for self-defense are very limited.

2. The predator is smarter than you. Act and react accordingly.

3. Predators will use all the force necessary (and then some) to achieve their goals, without regard to consequences.

4. Predators evaluate their targets before attacking. If you are attacked, the predator has determined he will succeed without a heavy cost to himself.

5. If you are about to become a victim, you have already made serious mistakes.

6. Believe what you see; don’t go into denial. Your attacker won’t.

7. In a lethal confrontation, you will only have time to choose one course of action- and your life depends on making the right choice.

8. Predators rarely act alone, although the ones that do are the most dangerous. If there’s one, look for two; if there are two, look for three, etc.

9. Fear is the predator’s friend and your enemy.

10. Talk and negotiation rarely work.

11. Predators do not have a conscience. Don’t waste time and effort appealing to any sense of mercy or kindness.

12. Some people cannot be frightened or intimidated. Displaying a weapon may not solve and, in some cases, may well exacerbate the problem. Be prepared for this.

13. “Bullets don’t work.” Gene Zink, Former H&K Law Enforcement Trainer. No hand-held firearm fires a guaranteed “one-shot-stop” round. Anticipate needing follow-up shots.

14. Firearms don’t work all the time and may well not work when you need them most.

15. Carry only the biggest-caliber gun you can control.

16. Don’t be overly concerned about caliber. No one wants to “leak” or have holes put in him.

17. Carry a reload

18. Carry a second gun.

19. Be able to get to both handguns with either hand; and

20. Don’t assume you can prevail in the conflict due to your superior tactics and training. The predator only has to be lucky once. Avoiding him is still the best defense.

21. The honest citizen pitted against a predator is an unequal contest. The predator is a professional. Most honest citizens are amateurs.

22. No competition or training, no matter how well learned or practiced, can equal hands-on experience.

23. Predators constantly validate their training with hands-on experience.

24. Getting hands-on experience can be fatal, but survivors learn their lessons well!

Walt Rausch’s Rules

See Ready for Mayhem.

Kalshnikov’s AK-47 and United Nations Policy

George Orwell once said, “That rifle hanging on the wall of the working-class flat or labourer’s cottage is the symbol of democracy. It is our job to see that it stays there.” If Orwell was right, Mikhail T. Kalashnikov may have arguably done more to extend the symbolism of democracy to the nations of the world than all the international funds that have been plowed into the undeveloped countries (and into Communist nations) by the United States and other developed nations. Read more