WA Legislature Update

Sub-title: Didn't see this coming.

NRA-ILA | Washington: Gun-Free Zone Expansion Fails To Advance 

I really thought They'd Go There.

April 3^rd marked the deadline for all policy committees to advance bills received from the opposite chamber. Having failed to receive a vote in the House Civil Rights & Judiciary Committee, Senate Bill 5434 to expand gun-free zones is now likely dead for the year.
Senate Bill 5434, sponsored by Senator Claire Wilson (D-30), would have increased areas where law-abiding citizens are prohibited from possessing firearms, including holders of a Concealed Pistol License (CPL) carrying a handgun for self-defense.  As introduced, it would have included public parks, libraries, and child care facilities.  This bill was amended on the senate floor to remove the provisions that banned firearms in parks and libraries, but it would have still mandated that child care facilities be places where law-abiding citizens are unable to defend themselves and their loved ones against criminals who simply ignore such arbitrary boundaries, and that they post signs indicating their “gun-free zone” status.
There are still several bills relating to Second Amendment issues moving through the legislature, which is set to adjourn April 28^th.  Please stayed tuned to your email inbox and www.nraila.org for further updates in the final weeks of 2019 legislative session.

 

Full details will be available Friday afternoon/evening in the next GOAL Post, unless there's a special.

Meanwhile,  South of the Border, Down Orygun Way:
NRA-ILA | Oregon: Committee To Vote On Omnibus Gun Control Package

Columbia County, OR, Sheriff; a Review of sorts

For those Not From Around Here, the state of Oregon is Shall Issue for concealed handgun licenses for residents, and says that counties "may issue licenses to residents of adjacent states", i.e., California, Idaho, Nevada, and Washington.

Most counties seem to take the position that this means "residents of states adjacent to them", which means that many counties that are inclined to be so generous, only do so for folks directly across the state line; this also means most counties say "there are no states adjacent to us, so we won't do it." For years Clatsop county, at the mouth of the Columbia River, was considered to be the best bet for a non-resident permit, to the point that they were inundated beyond their ability to handle the load (they said), and started restricting issue to residents of Washington counties on the Olympic peninsula; that is, counties that are adjacent (or close to) Clatsop County. (This is a shame, as Clatsop County is a convenient destination for a weekend getaway; Seaside is a rather typical tourist stop which happens to be on a beach that Lewis and Clark frolicked on, but Astoria has some legit attractions, like the Columbia River Maritime Museum.)

Several years ago, the Sheriff of Grant County, which is entirely surrounded by other Oregon counties, and which I am told is the poorest county in Oregon, struck upon a radical plan to raise funds for his department: He would take his concealed handgun licensing show on the road, visiting gun shows in adjacent states.

I believe he did one or two shows in California first, then did one in Washington, and by the third or fourth fun show he had raised enough money to purchase a portable digital fingerprinting system.

Other Sheriff's got into the act; I heard a claim (unsubstantiated) that the efforts were coordinated among the Sheriffs.

So last summer I got a calendar reminder that our OR permits would expire in 6 months. Our latest permits were issued by Columbia County, just west of Portland, east of Clatsop County, and across the Columbia River from Brigid's hometown. I reset the reminder to three months out...

While I had "use or lose" leave time, alas, various things prevented us making plans before the permits expired, so we wound up going one week late.

Here's the deal: Columbia County only issues non-resident permits to residents of Washington. You need your WA CPL. If you go during the week you make an appointment, online, for a half hour block. $60.00.
They process permits on some Saturdays, cash only, on a walk-in basis.

So I made our appointments for 2:00 and 2:30, we got a room in Seaside at the time share for a couple of days, drove over -- in the pouring rain -- showed up at 13:50...
...and we were both done including photographs by 14:00.

Now, a new permit requires fingerprinting, so I'm sure those appointments take longer, but I still regard that as pretty good.

Also, part of the reason we got delayed until after our OR permits expired was that Mrs. Drang had to renew her WA CPL first, and on our way there she realized she had left it sitting on the desk.

Lanie (I think I'm spelling her name correctly) said "no problem" and gave us an email address to send a scan of her CPL to, and said they would process it normally.

So, if you're from Washington State and want to get (or renew) an Oregon carry permit, we endorse the Concealed Handgun Licensing services of the Columbia County Sheriff's Office.

"The Really Big One", explained

"Law of Self Defense", Andrew Branca

On Valentine's Day, Mrs. Drang and I went on a very romantic outing to attend a seminar by Andrew Branca on the Law of Self Defense in Washington and Oregon. Andrew is the author of the book by the same title, available at his web site Law of Self Defense, or on Amazon. Because, after all, what isn't available on Amazon these days? (Ammo. Ammo isn't available on Amazon. And kittens.)(I think.)

As responsible gun owners we all know that, to borrow a phrase from President Reagan, much of what folks know about self-defense just isn't so.  By now one benefit of all those forensic crime shows on TV is that people should be aware of the fact that it is not, in fact, a good idea to shoot the bad guy on your front porch and drag him inside, but that does not mean that common sense necessarily prevails in all cases.

It is a common place to say that you are justified in using deadly force in self-defense if you were in fear for your life or safety, but is it enough to say "I was in fear for my life"? What about the common advice to ask for your lawyer and then clam up, refusing to say anything? What will the police make of that, and what if that lawyer doesn't magically appear right away?

As for the self-defense claim, much of the class was spent going over the 5 factors that go into making up justified acts of self-defense:

1. Innocence
2. Imminence
3. Proportionality
4. Avoidance (we'll come back to this...)
5. Reasonableness

Other topics included Defense of Others, Defense of Property, Consciousness of Guilt (and how it can impact your legal defense),  Self-Defense Immunity, and Interacting with the Police. (These are all straight out of the syllabus. The presentation PowerPoint slides -- yes, I still think PowerPoint is a tool of the devil! -- were available for purchase in a printed, bound book, and I'm glad I did!)(Andrew made good use of it, BTW, speaking to the audience, not the screen, and not simply reading each slide.)

The discussions of each of these topics were salted liberally (pardon the expression) with citations of the statutes, regulations, court decisions and case law, and in some cases jury instructions, that impacted the points being discussed for both Oregon and Washington State.

For example, sources of Self-Defense law in Oregon include:

• Oregon Revised Statutes SS161.190, Justification as a defense
• Case law: State v. Wolf, 317 P.3d (OR Ct. App. 2013)
• Jury Instructions: Uniform Criminal Jury Instructions (UCrJI) No. 1107 Defense-Physical Force-Defense of Person

(Note that Andrew's book goes over much of this statutory material; that is, each chapter discusses key points and has an appendix with citations form statutes and case law form each state where such exists. So if you can't get to his seminar, you can still read his book.)

Part of the reason I have waited two weeks before posting this review of the class is that I have been debating how much I should say about the content. I am not a lawyer. I am not qualified to give legal advice (assuming anyone would be fool enough to take legal advice from a blog post...) So I think that I will just cover a couple of points I found notable, and suggest that, if you are interested, you purchase Andrew's book, and if he does not have a seminar scheduled where you can get to one, you should try and see if a local gun club or range/training facility would be interested in hosting him.

I alluded above to an exception to the "Self Defense Factor" "Avoidance"; this came up as part of a lengthy discussion of "Castle Doctrine" and "Stand Your Ground".

Avoidance imposes a duty to retreat; under certain circumstances there is no duty to retreat. Generally speaking, you have no duty to retreat in your home, AKA "Castle Doctrine". (Unless it is also the home of the person attacking you.) Some states extend the definition of "home" to the boundaries of the home, some stop them at the exterior walls. Even if there is  duty to retreat it only applies if one can do so safely; jumping off a cliff does not count.

Stand Your Ground is different; "SYG" laws generally say something to the effect that "one need not flee an attack if one is where one has a legal right to be."

Note that while "SYG" may be included in statute, it may still be advisable to retreat if one may do so safely! Why be there when trouble comes looking for you? Just because the law says you do not have to avoid it, does not mean you shouldn't make it work...

Washington State is what Andrew referred to as a "Hard" Stand Your Ground jurisdiction, as explained in the Pattern Jury Instructions:

WPIC 16.08 No Duty To Retreat
It is lawful for a person who in a place where that person has a legal right to be and who has reasonable grounds for believing that [he][she] is being attacked to stand [his][her] ground and defend against such attack by the use of lawful force. The law does not impose a duty to retreat.

And also in at least one court opinion:

In Washington, one who is assaulted in a place he has a right to be has no duty to retreat. Flight, however reasonable an alternative to violence, is not required.
State v. Williams, 916 P.2d 445 (WA Ct. App. 1996)

Complicating the Stand Your Ground issue is the possibility of the prosecution in a criminal case, or a lawyer in a civil case, making the argument that you were the aggressor. In this case, you will want witnesses that you made efforts to de-escalate and leave the scene, in order to "regain your innocence", as it were.

Oregon does not have statutory law regarding Stand Your Ground; however, in the 2007 case State v. Sandoval (156 P.3d 60) the Oregon Supreme Court rendered the following opinion :

Nothing in [Oregon self-defense statutes] suggests that a person who reasonably believe that another person is about to use deadly force against them must calculate whether it is possible to retreat from that threat before they use deadly physical force in self defense.

 Which sounds great except that, in a footnote, advised that "a person who wishes to avoid criminal liability may well be required to avoid the danger..."

Which seems prudent anyway, if you can.

On another front, neither Oregon nor Washington State have any self-defense immunity from either criminal prosecution or civil suit. Washington does, however, have a (so far as I know) unique Self-Defense reimbursement law under 9A.16.110 of the Revised Code of Washington, if it is determined in a trail that you acted in self-defense, the state can be required to reimburse you of you for the expenses incurred in defending yourself at trial.

I have never heard of this being done. I am also unaware of any charges being dropped because the prosecutor decided it was not worth it due to this. Nor do I know anyone who has volunteered to be a test case.

I see that I have barely scratched the surface of this seminar. The slide deck ran to nearly 420 slides, counting the conclusion, and I have skipped much material, as much to keep this post a manageable length and to avoid getting over my head on legal technicalities as to avoid getting sued by a lawyer for copyright infringement. (Just kidding!)(I think...)

So I will wrap it up by saying that the experience was well worth the money, and it is highly recommended; if you cannot attend the appropriate session for your state, and are at all concerned about the legal aspects of self-defense, then you should at least read Andrew's book, and see about bringing him to your neck of the woods.


NOTE for Washingtonians: Dave Workman's excellent book Washington Gun Rights and Responsibilities covers a lot of ground that Andrew's book and seminar did not, like Open Carry, where you can and cannot carry in the state, reciprocity, and so forth. Also highly recommended.

Oregon CPLs and other events at the Fun Show

At the April 23rd and 24th Washington Arms Collectors gun shows the Columbia County, Oregon, Sheriff's office will be processing applications  Oregon Concealed Pistol Licenses. Demand for these is always high, so come early and be prepared to stand in line. Last time, I believe they had a separate line for renewals; check your date, OR CPLs are good for four years.Don't neglect it and have to go through the process all over again, ask me how I know...

Columbia County Sheriff's Office CHL and Fingerprinting page. The Application requires the application for, AND two letters of recommendation. Forms available at this site, or by contacting the WAC offices at 425-255-8410 and they will mail you the forms.

As a Washington applicant, you must have a WA CPL, and write a letter to the Sheriff explaining why you want a permit in his county, i.e., "frequent visits to family in area."

Also, on Saturday March 19th the WAC is hosting, wait for it, it's First Annual Women's Concealed Carry Fashion Show. From the ad in the WAC's February newsletter, GunNews:

Please join us on March 19th, 2016 s the WAC and The 22 Connection hosts the First Annual Women's Concealed Carry Holster Fashion Show. The show will feature ladies of all shapes, sizes and ages wearing clothing, holsters and concealed carry accessories from a variety of sponsors. The models will demonstrate the draw and re-holstering using training guns for each particular type of carry. The overarching goal of this runway presentation is to empower women to make an informed decision before they purchase the ultimate fashion accessory.

If they can convince just one woman to give up purse carry...

Also, the Cascade Mountain Men will be having their annual muzzleloader gun show on March 12th and 13th, at the fairgrounds in Monroe, WA. unusually, this will NOT be at the same time that WAC is having one of their shows up there. Too bad, the two-fer was always kinda cool.

A Good Guy Needs Help

You will no doubt have heard that yet another beta male crawled out of his Mama's basement long enough yesterday to try for his 15 minutes of fame down in Roseberg, OR.

Since the campus of Umpqua Community College is a Designated Victimization Zone he managed to rack up a fairly significant score before the local constabulary cleansed him from the gene pool.

One of his victims, Chris Mintz, is an Army vet who reacted to the threat by charging it in an effort to save others. Chris survived, but he was shot seven times and is in the hospital.

A Go Fund Me page has been set up to help pay for his medical care and also to support his family while he is recovering: Chris Mintz - UCC Shooting Survivor by Derek Bourgeois - GoFundMe.

Oregon CPLs at WAC Gun Show 31 October-November 1

Get there early, be prepared to stand in line. For a long time.

Home - Washington Arms Collectors

Columbia County Sheriff's Office CHL and Fingerprinting page. Download application.

Speaking of Cascadia...

As I was in a two-month old post, here.

The New Yorker has just published an article about a Cascadia Subduction Zone quake in The Earthquake That Will Devastate Seattle - The New Yorker.

Note that the title of the article on the page is "The Really Big One", not "ZOMG THEY'RE ALL GONNA DIE!!!!11!"

OTOH, that may be what it takes to get anyone in the Center of the Universe to acknowledge that maybe bad things do happen outside of their little urban paradise. (Note that the author manages to work Hurricane Sandy in, even though it was a minor inconvenience to most denizens of the Eastern Megalopolis.)

Not a lot of science there. Vivid imagery, dumbed down so you can peruse it over your morning bagel or on the subway.

Still, if you need to explain to your family elsewhere why you think it's a good idea to maintain a month's supply of food, water, etc., it's not a bad article.

OTOH, if your family is the type that won't leave you alone until you return to the safety of the New Madrid Seismic Zone, you might want to steer clear...

Dear Oregon

No. Just... No.

I was going to be quite a bit more colorful, but my mother occasionally reads this.

Dodged a Bullet, and training for interesting times

Amateur Radio club meeting today; this was the annual elections. Managed to not get elected to anything. (Nominations had to be solidified in March, and I successfully argued that I had no guarantee that I'd be able to attend meetings due to impending changes in work schedules...)

Also, the presentation was an informational briefing on the impending Cascadia Rising exercise, scheduled for next summer. The scenario is that a Magnitude 9 earthquake occurs along the Cascadia Subduction Zone off the Pacific Coast, epicenter off Oregon.

Part of the scenario is that pretty much the only means of communication will be radio.

Hope there are enough amateurs...

Document (.pdf) of the scenario is here: Cascadia Subduction Zone Catastrophic Earthquake and Tsunami Functional Exercise 2016 (Document will download!)

Washington RACES page on Cascadia Rising 2016 - WAEmcomm. Has a link to the above document, as well as the presentation we saw this evening.

The exercise will include governmental agencies at all levels, local, county, state and federal, as well as non-governmental agencies; Oregon and British Columbia are also participating.

Relativity II

Back on Pi Day I wrote Relativity, in which I mused on the differences between various states' rules and procedures for applying and getting approved for a permit to carry a concealed pistol, by whatever name that permission slip may be known.

Now, I'm sitting here planning to attend the NRA Annual Meeting in Nashville, and am glad to note that Tennessee recognizes a Washington CPL.  (In fact, TN apparently recognizes every other states' permits, except for Vermont. Oh, wait, Vermont doesn't even issue a permit, thus the original name for "Constitutional Carry", FKA "Vermont Carry.")

Now, here in WA I can carry in a restaurant, and even have a beer or some wine, but I cannot cross the--often invisible--line that separates the dining room proper from the bar. Entering a bar while armed is verboten.

"South of the border", down Oregon way, there is no rule against a lawfully armed citizen from sitting down in a bar and having an adult libation.

Getting drunk, no, having a drink, go for it.

In Tennessee, as it turns out, one can enter a restaurant that serves alcohol, but if The Man has authorized you to legally carry the means to defend yourself and your loved ones, you are expected to be on the wagon.

Now, I understand the reason behind this: "ZOMG, booze and guns don't mix!"And yet...

WA and OR manage to let a person who is deemed responsible enough to carry a gun to have a drink.

I am not aware of any state that says "No drinking and driving AT ALL."

"If you're driving you'd better not go take Communion!"*

Yeah, that'd go over well...

 TN also does not let you carry in a park. (I understand that this is changing very soon, perhaps before the NRAAM.)

Many municipalities in WA try and ban lawfully armed citizens from carrying in public spaces, like parks, but state preemption and all, they regularly get slapped down for it.

Not all states have preemption, and it can get pretty silly, the gyrations you may have to go through, figuring out how the rules may have changed when you're crossing an invisible line.

 Considering that it has been proven over and over again that crime goes down when citizens are armed, that all the panic-driven predictions of "blood in the streets" are untrue, it seems like being allowed to have a beer with friends, many of whom I've never seen, is jot too much to ask.

 ***

*Yeah, I know the "sacramental wine" is often actually grape juice that has not been changed...

METEOROLOGICAL ARMAGEDDON!!!1!

Well, not quite, but it's not lookin' good.

Also, this is where I piss off just about everyone east of the Mississippi, if not the Rockies...

Because, while they're lookin' a lot like Fimbulwinter, here in Pugetopolis the temperatures have been in the upper 50s and lower 60s, and the sky is blue, the sun is shinin'.

Yesterday a colleague was staring glumly at  "snow cams" of local ski resorts, which looked more like August than February.

Pacific Northwest Snowpack Near Lowest Levels on Record - weather.com (Video may auto-load.)

So, here's the concern, quoted from Weather.com:

Though an atmosopheric river of moisture soaked the Northwest and Northern California for several days at the start of February, significant snow was confined to the highest elevations due to mild temperatures. Therefore, the stormy weather pattern provided little help to the overall snowpack.

The snowpack is measured by how much water it would contain if it was melted down. In the West, the amount of water in the snowpack is more important than the depth since it helps replenish rivers, lakes and reservoirs when the spring melt arrives. Obervation stations known by the acronym SNOTEL are used to monitor the snowpack.

Emphasis added.

In the Oregon Cascades, the snow water content of the snowpack was less than 20 percent of average as of Feb. 9.
...
In Washington, snow water content ranged from 18 percent of average in the state's southern Cascade Mountains to 56 percent of average in the far northern part of the Cascades on Feb. 9. The Paradise SNOTEL (elevation 5,130 feet) on the southern slopes of Mount Rainier had its third lowest snow water content for Feb. 1 in records dating to 1981.

In the worst shape was the Olympic Mountains of northwest Washington, where snow water content was just seven percent of average.

Now, I know everyone's vision of Washington is that it rains nonstop. Players of Trivial Pursuit may be aware that New York City actually gets more rainfall annually than Seattle; while it does rain frequently here, it usually drizzles.

What we count on for our water supply supply is snow in the mountains. No snow, no municipal water supply.

New England can keep the damned sportsball trophy, just give us back our snow.

Apparently, Brian was wrong

So, apparently there's about to be a big sportsball tournament. And, in order to show support for our team, we are supposed to boycott cheese. But, not only are my favorite cheeses not made in their state, they're made in this state or the one to the immediate south. But that doesn't count because these states are known for airplanes and software and coffee and running shoes and outdoor gear and knives, not cheese.


The pizza's gonna be kinda weird tomorrow, because the arbiters of sportsball fan loyalty have decreed that, in fact, the cheesemakers are not blessed.

Untitled

Mt Hood, with Hawk
Taken from the Mt. Angel Abbey, Silverton, Oregon
Copyright D.W. Drang, 2014

Orygun aims for a new low!

Seen at: Is Oregon writing the Worst. Gun. Law. Evah? « Hot Air

and Oregon Gun Ban Bill HB 3200 Includes Police Inspection of Gun Owners’ Homes; Declares “Emergency” | The Patriot Perspective.

Bill here.Summary:

Creates crime of unlawful possession or transfer of assault weapon or large capacity magazine.
Punishes by maximum penalty of 10 years’ imprisonment, $250,000 fine, or both.
Requires current owners to dispose of or register assault weapons and large capacity magazines.
Directs Department of State Police to conduct background checks and maintain registry of assault weapons and large capacity magazines.
Declares emergency, effective on passage.

A scan of the full bill indicates the standard fare for these bills these days, including bans on cosmetic features that cause hoplophobes to fill their pants, like "pistol grips or thumbhole stocks", barrel shrouds, and shoulder things that go up, plus, of course, "register or dispose out of state", mandatory storage and home-inspections of same.  A "large capacity magazine" is defined as more than 10 rounds; someone will have to explain to me why the gun banners are so fixated on the number "ten."

The recently introduced WA legislation along these lines included these features, but at least here the home invasion inspections were limited to once a year; the Beaver Staters apparently decided to one down us, as it were.

Another difference from most of these things is that, in Orygun, one is limited to one "assault weapon" and no more than three assault magazines.

The whole "ZOMG!!! EMERGENCY!!!!! EFFECTIVE SOONEST!!!11!" thing is new, though.

Gun Appreciation Day, 01/19/2013

I had to work.  Boo.

Sounds like a good turn-out, and like all who attended had a good time, despite the cold, except for the one, single, solitary counter protester:

Seen at Shooter's Northwest.

Also seen at Shooters Northwest:

That looks and sounds like Kelli "Liberty Belle" Carender. The voice when the video resumed after slide show sounded like my friend Boyd, but I'm not sure...

More pics from a member of the WA-CCW email list: donbcivil: Gun Appreciation Day - January 19, 2013

News reports:

•  Olympia pro-gun rally message: 'We need to get off our butts' | | KOMO News 
•  Thousands of gun rights supporters rally in Olympia | KING5.com Seattle 
•  Hundreds rally to protect gun owners’ rights | www.kirotv.com 
•  1,200 to 1,500 rally in Olympia in opposition to gun restrictions - South Sound - The Olympian
• Gun owners rally for 2nd Amendment rights in Olympia | Local News | The Seattle Times (Photo Gallery: The Seattle Times: Second Amendment rally in Olympia)

And here's a report from down the road in Salem, Orygun: Thousands gather at state Capitol to support Second Amendment | Statesman Journal | statesmanjournal.com *** Added a new video from Oly:

***

And another collection of photos: Guns Across America Washington State

News of the Wierd--Beaver State Edition

Intruder calls police when Southwest Portland homeowner returns (9-1-1 tapes) | OregonLive.com

There is a reason Timothy James Chapek's hair looks so shiny in a mugshot released last night by the Multnomah County Sheriff's Office: authorities say he was showering when he realized he wasn't alone in a house in Washington Park.

The house he had reportedly broken into.

When Chapek called 9-1-1 just after 7 p.m. Monday, police say he reported to dispatchers what he had done. And he shared his worry that the homeowner outside the bathroom door might have a gun and most certainly had two eager German shepherds.

This story is dated Tuesday, March 8th, 2011.  Trying to figure out how I missed it when it happened...

I saw this on Facespace, and did a search on the perp's name. The search returned this story, and a link to a Portland/Multnomah County mugshot of him from January of 2011, offense unspecified, and another from Clackamas County from June of this year for four counts of probation violation, burglary, and one count of probation violation, theft.

Paging Dirtcrashr!

Aloha, Ore. couple wakes up to man beating them with tiki torch | KOMO News

Out-of-State influences on WA Election

Just got a call from a number identified by Caller ID as a "Wireless Caller" with the number (503) 709-3693.

This is the Area Code for Salem, OR, where Ms. Drang has relatives, so I answered, thinking that perhaps someone was checking to see if we were going to make it for the big Christmas Bash next month.  (Global Warming permitting, Mrs. Drang may, I probably won't be able to take the time off.)

"Hi, is this Mr. Drang?  This is Ashley with 'No on 1183', and I just have one quick question..."

"Yer durn tootin' I'm voting YES on I-1183!" 

CLICK.

They don't make 'em like that anymore...

They certainly don't name 'em like that, either.

Newspapers.

Reading a book titled Fighting For Paradise, by Kurt R. Nelson, which is a military history of the Pacific Northwest, I learn that the very first newspaper in the Pacific Northwest was the grandiloquently named Flumgudgeon Gazette and Bumblebee Budget.

Which was written out longhand.  

As you might imagine, it only lasted a few weeks, a dozen or so editions of the tri-weekly, each of which only included a few dozen copies.

Ghu knows, if I had been doing it there would only have been one, and no one would have been able to read it...