Posts

Will Biathlon Shooting Events Come to North Idaho?

Kris Jensen competes in a Biathlon Shooting Event on cross-country skis. Photo courtesy Kris Jensen.

Repost
Story by Sandpoint PR Contributing Editor, Mark Knapp.

A lot of people watched the WINTER OLYMPICS and are asking questions about the Biathlon competition in Sochi. In a Biathlon, competitors get their heart beats racing by skiing across the countryside from one location to another and then stopping to engage targets out as far as 165 feet! Read more

Machine Guns & Automatic Weapons in Washington State

We sometimes get questions as to whether a machine gun qualifies for Curio/Relic status under federal regulations. Any such items must comply with the National Firearms Act of 1934 and also local state law.

The Bureau of Alcohol, Tobacco, Firearms & Explosives will not allow transfer of ANY automatic weapon into Washington state since July 1, 1994 (except departmental purchases). Thus, there are no exceptions for antiques under Washington state law per RCW 9.41.190 and the definitions under RCW 9.41.010. Nevertheless, it is theoretically possible per Washington law to own an automatic weapon if you are in the armed forces, provided that BATFE will provide the $200.00 tax stamp.

RCW 9.41.190 states the following: Read more

From CMP to Three-Gun IPSC; an Across the Course Overview

In 1903, President Theodore Roosevelt signed a new law that eventually led to creation of the Director of Civilian Marksmanship. The purpose of this legislative initiative was, “That every facility should be offered citizens outside of the Army, Navy, Marine Corps, and organized militia [National Guard] to become proficient in rifle shooting, and that this purpose can best be accomplished by means of rifle clubs.”

Even today, federal law provides a definition for an organized and an unorganized militia. The unorganized militia are the able-bodied citizenry at large (traditionally men between certain ages) that are able to defend their country. Pres. Roosevelt believed that America’s military preparedness depended on having people of all ages involved in competitions and other firearms training. Read more

Is Another Assault Weapon Ban Coming?

In 1994, Congress enacted a ban on assault weapons. President Clinton declared that such semi-automatic weapons were “built only for the purpose of killing people.” In the estimation of President Clinton and the United States Congress, Americans did not need such weapons to hunt and practice marksmanship. In 2004, the ban expired because its supporters could not show any impact on crime. Read more

Can Airsoft People Survive in a .50 Caliber World?

AMERICA’S GUN CULTURE

On January 28, 2009, in a Federal Way Mirror article about the 1994 assault weapons ban, we reviewed some important issues raised when the men that drafted the U.S. Constitution disagreed about the question of whether to authorize “standing” armies. There were those on one side that felt national security might be neglected without a Constitutional provision mandating a full time, professional army. On the other side were men like Thomas Jefferson that saw the potential for the proposed federal government and full-time standing armies (like we have today) to become a new form of tyranny. Read more

Roundheads, Firearms, and the American Rifleman

Shooting Clubs.There are dozens of shooting ranges and clubs in Western Washington and all over the United States. As early as 1466, firearms culture and shooting clubs developed in Switzerland and, by the 15th Century, Schutzenfahnlein companies in Germany and the Swiss cantons boasted flags depicting crossbows and target rifles. Before long, many armies were combining pikemen with units of smoothbore musketeers. The muskets could be almost accurate at 200 hundred yards.

The combined units could break up squares of massed troops.

Advent of the Rifle. By the 1600s, weapons with grooved rifling began to show up on European battlefields. 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

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!