Sent: Fri 3/9/2012 8:11 PM
Subject: GOAL Post 2012-10
GOAL Post 2012-10
Legislative Update from Olympia
9 March 2012
- REGULAR SESSION ENDS -- SPECIAL SESSION NEXT
- BREMERTON MOM CHARGED AFTER SCHOOL SHOOTING
- SUPREME COURT DENIES SEATTLE APPEAL
- SEATTLE TO ATTACK PREEMPTION IN 2013
- MARYLAND COURT CASE MAY HAVE WIDER IMPACT
- GOAL POST FINAL
Both the mother of the 9 year old involved in the Bremerton school shooting and her boyfriend have been charged with unlawful possession of a firearm(due to their felony convictions) and mom was also charged with reckless endangerment for leaving a firearm where a child could access it (did you notice that, Senator Kline?). The boy has already pleaded guilty to three misdemeanor charges: gun free school zone violation, unlawful possession of a firearm (by a minor) and... reckless endangerment. Coincidentally, just a few days ago a man negligently discharged a firearm inside a Silverdale pharmacy. He too has been charged, with reckless endangerment. (Once again, Senator Kline?)
Shortly before leaving office, then-Seattle mayor Greg Nickels issued an executive order banning guns in Seattle parks. He did this despite being advised by Attorney General McKenna that such a ban was a violation of state preemption. The Bellevue-based Second Amendment Foundation and several plaintiffs filed suit, joined by the NRA. In 2010, King County Superior Court Judge Catherine Schaeffer ruled the Seattle order null and void as a violation of state preemption. Seattle then appealed to the state Court of Appeals. That court agreed with Judge Schaeffer, that preemption means preemption. Not about to take "no" for an answer, Seattle appealed to the state Supreme Court. This week the Supreme Court declined to accept the appeal. The original ruling stands.
Mayor McGinn and the City Attorney have vowed to make a major effort in Olympia next year to repeal preemption, The last time they did this, they failed. They even failed in getting an exception for large cities. We'll see how they -- and we -- fare next year.
A federal judge in Baltimore earlier this week ruled that Maryland's discretionary issue concealed carry permit system was unconstitutional. Under Maryland law, an applicant has to show good cause why he or she should be issued a carry permit. Expanding on the Heller (2008) and McDonald (2010) cases, the judge ruled, in part, "A citizen may not be required to offer a 'good and substantial reason' why he should be permitted to exercise his rights. The right's existence is all the reason he needs."
Why bring this up? The two earlier U.S. Supreme Court cases held the Second Amendment affirms an individual right, not dependent on militia service, that it includes handguns kept for protection in the home, and that the right extends nationwide. The next big step is carry outside the home. The Maryland case opens the door to that next step..
Publication of GOAL Post will stop with a close-out on the 2012 legislative session in a week or two, once it's determined that no shenanigans will be attempted during the special session. GOAL Alerts will continue to be published throughout the year as events warrant.
BILL STATUS: A final list of bills and their status (all dead) will be published in the next few weeks.
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Upcoming WAC gun show(s):
Monroe 10-11 March
Puyallup 24-25 March
"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."
Article 1, Section 24
Constitution of the State of Washington
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