Vote NO on Initiative 1491

Washington State readers, if you take your constitutional rights seriously; if you believe that no one should be deprived of their rights without due process; if you consider yourself to be an advocate for civil liberties, please vote NO on Initiative 1491.

Under I-1491, a judge can, at the request of “family and household members” (ironically, household members need not actually live with you…more about this later), issue an order depriving you of your constitutional right to bear arms. Indeed, the individual to be deprived of their right to bear arms need not even be notified in advance that any action is being taken.

Consider this from Washington Arms Collectors:

“A woman, stalked by a violent ex-husband, attends a handgun class, obtains a Concealed Pistol License, and purchases a handgun – all to defend her and their children. The stalker realizes that he is now in danger if he follows, confronts, assaults her or invades her home. He sends a petition to the court, stating that his ex-wife has threatened him, that during a recent argument she brandished a firearm, and that she owns a gun and has taken training in its use. The stalker provides proof to the court of the acquisition of a firearm. He also knows of his wife’s visits to a psychologist during their divorce proceedings and in his petition discloses the medications she is on and alleges that she is mentally unstable and a danger to her, their children and him. The allegations are serious enough that the court, without a hearing, issues an ‘ex parte* extreme risk protection order’ that orders the woman to surrender her firearms. The first time that the stalking victim knows of the process that is being used to disarm her is when is when the local police show up at her door to deliver notice, search her home and seize her firearms.

With the help of the courts, this victim has been made helpless.”

Forget due process. Forget your constitutional right to keep and bear arms. Forget any quaint notions you may have about being innocent until proven guilty. Forget the old saying about having nothing to fear from the courts if you’ve done nothing wrong.

The progressive group, Alliance for Gun Responsibility is, predictably, supporting this initiative by distributing questionable “facts” and statistics. For example, they cite a study by the equally progressive Educational Fund to Stop Gun Violence, that claims dozens of lives have been saved by “similar” legislation in Connecticut. That’s super, but unless you live in a Minority Report world, where it can be known in advance that a particular act is certain to happen (and we know how that turned out in the movie), any claims of lives saved has to be pure speculation.

Furthermore, while some may say that the Connecticut legislation is similar to I-1491, it differs in at least one significant way. The Connecticut law requires an independent investigation on the part of local law enforcement before a person can be stripped of their 2nd Amendment rights; I-1491 requires only the say-so of the aforementioned family or household member.

Just exactly who are these family and household members? Aside from the people you would normally expect, I-1491 also includes a “person who resides or has resided with the respondent within the past year.”

 

Say, for example, you need a roommate, so a friend of a friend moves into your spare room. Your new roommate quickly falls behind on his share of the rent and utilities and, eventually, you ask him to move out. Several months later, the deadbeat roommate still owes you money. Angry over your efforts to collect, the ex-roommate files a petition with the court for an extreme risk protection order, stating that you own at least two handguns, drink heavily on the weekends, that you’ve been harassing him over a bogus claim for money and recently threatened him. The judge agrees that you’re a threat and issues an ex parte order to deprive your of your firearms. And just like the helpless woman in the hypothetical situation above, you’re none the wiser until the police show up to confiscate your firearms.

When this legislation was introduced to the State Legislature in 2015, it never passed out of committee. Why, you ask? Because even the liberal gun grabbers in Olympia could see that it was deeply flawed. First, as already mentioned (yes, I’m beating a drum, here), an extreme risk protection order can be issued before the respondent is even aware that any complaint has been filed.

Second, there is very little downside for a person who maliciously files a petition. There’s no filing fee and the penalty clause  is weak; in the event of a malicious petition, the respondent bears the cost and burden of seeking redress.

Next, the legislation requires only a preponderance of evidence in order for an ERPA to be issued, meaning that the judge need be only 51% sure that the facts alleged in the petition true. This is a laughably low standard to use in order to strip a person of his constitutional rights.

To be clear, I can understand the motivation behind this piece of legislation. Take the story about the woman above, and turn it around to have her seeking protection from her violent, gun toting ex-husband. It seems like the legislation proposed in I-1491 would be tailor made to protect her. Not so, according to the NRA’s Institute for Legislative Action.

If a person is truly dangerous, existing law already provides a variety of mechanisms to deal with the individual, all of which can lead to firearm prohibitions in appropriate cases.  Depending on the circumstances, these can include arrest, followed by pretrial detention or release on bond with conditions and monitoring; restraining or no-contact orders; or emergency mental health evaluations and commitments.

The issuance of an ERPO does not do anything to deal with the underlying cause of dangerousness, nor does it subject the person to any actual physical restraint, ongoing reporting or monitoring requirements, or treatment for any underlying mental health condition.  Initiative 1491 will be ineffective as it targets the tools but not the problem.

If a dangerous person is committed, he gets treatment. If he is arrested, he might be detained pretrial or at least monitored and subject to reporting requirements while on pretrial release. Nothing happens, however, to a person with an ERPO except the seizure of the person’s firearms (if he is known to have any) and listing in a prohibited person database.  Under I-1491, the person is left free to carry out any harmful designs by any means at his or her disposal, including the illegal acquisition of additional firearms.

I have not provided an exhaustive list of reasons here why I-1491 deserves to be voted down in November. I strongly encourage you to read both linked articles and ask yourself why progressives are pushing such a deeply flawed and anti-civil rights piece of legislation. While I’m sure they do want to save lives, it seems ironic that many of the same people who support this shameful assault on the 2nd and 5th Amendments also support abortion on demand and assisted suicide. This leaves me to draw the conclusion that they may be just as interested in depriving as many citizens as possible of their firearms as they are in improving gun safety.


As a side note, what is it with liberals anyway? They accuse conservatives of waging a war on women; they mock us by saying we want women to be barefoot and pregnant, but the truth is that liberals want women to be helpless and they want that helplessness codified into law.

*An ex parte judicial proceedings are conducted for the benefit of only one party; the other party is specifically excluded from the proceedings.

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Filed under Constitution, Washington

Better Bombs than Guns? Really?

I pray I never find myself in the midst of a terrorist attack, but if I did, I’d prefer the attack to be with guns, where I had a chance to hide, flee or fight, than to have my life snuffed out in an instant by a bomb. Maybe it’s just me.

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Filed under Constitution, Terrorism, Washington

Self-Defense in the Age of Active Shooters

These Sheriffs understand the threat. Does yours?

Run, Hide, Fight (video)

On Scene with Sheriff Wayne Ivey (video, Brevard County Sheriff)

Surviving an Active Shooter (video, LA County Sheriff)

King County Sheriff asks deputies to carry guns and extra magazines in wake of Paris attacks (article)

 

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A Date Which Will Live in Infamy

fdrwarspeech2

Mr. Vice President, Mr. Speaker, Members of the Senate, and of the House of Representatives:

Yesterday, December 7th, 1941 — a date which will live in infamy — the United States of America was suddenly and deliberately attacked by naval and air forces of the Empire of Japan.

The United States was at peace with that nation and, at the solicitation of Japan, was still in conversation with its government and its emperor looking toward the maintenance of peace in the Pacific.

Indeed, one hour after Japanese air squadrons had commenced bombing in the American island of Oahu, the Japanese ambassador to the United States and his colleague delivered to our Secretary of State a formal reply to a recent American message. And while this reply stated that it seemed useless to continue the existing diplomatic negotiations, it contained no threat or hint of war or of armed attack.

It will be recorded that the distance of Hawaii from Japan makes it obvious that the attack was deliberately planned many days or even weeks ago. During the intervening time, the Japanese government has deliberately sought to deceive the United States by false statements and expressions of hope for continued peace.

The attack yesterday on the Hawaiian islands has caused severe damage to American naval and military forces. I regret to tell you that very many American lives have been lost. In addition, American ships have been reported torpedoed on the high seas between San Francisco and Honolulu.

Yesterday, the Japanese government also launched an attack against Malaya.

Last night, Japanese forces attacked Hong Kong.

Last night, Japanese forces attacked Guam.

Last night, Japanese forces attacked the Philippine Islands.

Last night, the Japanese attacked Wake Island.

And this morning, the Japanese attacked Midway Island.

Japan has, therefore, undertaken a surprise offensive extending throughout the Pacific area. The facts of yesterday and today speak for themselves. The people of the United States have already formed their opinions and well understand the implications to the very life and safety of our nation.

As Commander in Chief of the Army and Navy, I have directed that all measures be taken for our defense. But always will our whole nation remember the character of the onslaught against us.

No matter how long it may take us to overcome this premeditated invasion, the American people in their righteous might will win through to absolute victory.

I believe that I interpret the will of the Congress and of the people when I assert that we will not only defend ourselves to the uttermost, but will make it very certain that this form of treachery shall never again endanger us.

Hostilities exist. There is no blinking at the fact that our people, our territory, and our interests are in grave danger.

With confidence in our armed forces, with the unbounding determination of our people, we will gain the inevitable triumph — so help us God.

I ask that the Congress declare that since the unprovoked and dastardly attack by Japan on Sunday, December 7th, 1941, a state of war has existed between the United States and the Japanese empire.

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Imagine

glock-19_hrImagine, by John Lennon, is among my top picks as one of the worst songs ever, but that’s not because I don’t have a good imagination.

I like to imagine lots of things, but one of my favorites is to imagine how many fewer rapes would be attempted if every potential rapist had to spend time wondering whether or not his intended victim was armed with a handgun.

Or how many would-be muggers would become actual muggers if they knew there was even a 50-50 chance their intended victims were armed. Or how many potential mass shooters would target schools, theaters or shopping malls if they knew their intended victims could respond with deadly force.

Now imagine what would happen if they knew for a certainty that none of their intended victims would be armed. Ever.

 

 

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Filed under Barack Obama, Constitution, Washington

Let’s Do the Maths

Learning Maths
“But most of the Syrian refugees are good people who just want to live in peace,” they say.

Well, sure, they are. Let’s say that 99.99% of the 10,000 Syrian refugees that Obama has pledged to admit are good people and 0.01% are terrorists. That would be one terrorist.

If 99.9% are good people and 0.1% are terrorists, that would be 10 terrorists.

If 99% are good people and 1% are terrorists, that would be 100 terrorists.

But Secretary of State John Kerry said we’d be taking up to 200,000 refugees over the next two years.

So…

99.99% good = 20 not so good

99.9% good = 200 not so good

99% good = 2,000 not so good

So you see that the President and the Secretary of State of the United States are cavalierly talking about allowing God-only-knows-how-many potential terrorists access to your workplace, the next sporting event you attend or your child’s school.

Think about that.

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Do Liberals Not Have Children?

Do they not fear the slave markets for their daughters?

Do they not fear a future where the best that could be expected would be for their daughters to live like this?

sea-of-burka-clad-women

Are their imaginations so slow and their ability to look into the future so limited that they don’t believe this could happen here?

Is their need prove their tolerance so great that they would rush headlong into danger when a moment’s thought could save them?

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Filed under Islamism