Impact of I-594

[baldsincebirth]

So I'm not a lawyer and don't pretend to be one, but I do have some concerns with how this is going to impact us here in Washington.   

As far as I can tell, there are certain exceptions that cover us so that we can loan students firearms while we're at the range.  (Sec. 3-4-f-III)

Where it gets weird is when it comes to someone borrowing a rifle from a friend to use at an Appleseed.  Technically the transfer occurs prior to the event, and if the person loaning the rifle isn't a direct family member, this would seem to be a transfer for the purposes of the law. 

The other area that concerns me is with going shooting out in BFE with a friend.  Since it's not a legally recognized range or lawful organization putting it on, even allowing a friend to shoot your firearm would appear to constitute a transfer. 

I don't think the sky is falling for AS in Washington, but there does seem to be some implications even if it's only being aware that we might not want to advocate people borrowing rifles from friends for the AS.

What are your thoughts?

[Earl]

I have to see both initiatives, but any change in current law is wrong. And that is my two cents worth. I will vote on the initiatives, but if they don't free up the people it will be a NAY vote.

[baldsincebirth]

I'm right there with you Earl, unfortunately, it looks like about 70% of the state isn't, at least on 594.  591 looks to be much closer, but I'm not worried about that one in regards to AS. 

At this point, unless things really change, it looks like 594 is going to pass.  I'm still holding out hope, but I'm also pragmatic and wanting to think through what the impact might be to AS. 

If you have time, give it a read.  It's 19 pages in typical legalese, but the requirement to go through an FFL for anything not included in Section 3-4 is what has my attention. 

http://sos.wa.gov/_assets/elections/initiatives/FinalText_483.pdf

[actineon]

This is the wording of the exception in 4 f iii:
(4) This section does not apply to:
(f) The temporary transfer of a firearm
(iii) if the temporary transfer occurs and the transferee's possession of the firearm is exclusively at a lawful organized competition involving the use of a firearm, or while participating in or practicing for a performance by an organized group that uses firearms as a part of the performance;

The question is, are appleseeds considered competitions? I would say no. They are instruction, not competitions. I don't think we would skate by on trying to say appleseeds are performances either.

This is what washingtonarmscollectors.org has to say on this subject.

Myth #7 - My gun club can continue to offer firearm safety training with our member instructors providing the firearms for use by the trainees.

Reality: Probably not - there is an exception but it states that the, "firearm is kept at all times, at an established shooting range authorized by the governing body of the jurisdiction in which such range is located." Since the I-594 language very clearly states that the firearm must be kept at all times at the range it is unlikely that this exception allows temporary transfers without an FFL.

Myth #8 - Coaching of shooters which includes the handing back and forth of a firearm is exempt from I-594.

Reality: I-594 contains an exception which may allow transfer to a person under age 18 for "educational purposes...while under the direct supervision and control of a responsible adult...."

This exception would not permit transfer during adult classes such as women's handgun classes, adult hunter education, other types of training, or range orientation training.

While classes for children may continue, the majority of adult training is effectively banned because the transfer requirements cannot be met in a training environment. Private firearms trainers and law enforcement instructors who train the public can probably not avoid I-594 violations.


Keep in mind if you make a mistake on this, the first violation is a gross misdemeanor and, if convicted, then subsequent violations are class C felonies.

I'm not lending any more rifles at Washington appleseeds nor am I borrowing anyone's rifle from the line to demo anything anymore in Washington.

[Earl]

Well, the forces of stupidity win, looks like all my transporting and sharing of my loaner rifles will be in neighboring states.

[jmdavis]

Do you hear that sound Earl, it is Idaho calling? Laws like this are why you ignore both the present and the past at your own peril. 


By the way, I am not being critical of Earl here, I just want him to get somewhere that he has a chance to be free.

[Earl]

Well if you pray long enough, you may have a better thought. So I have had a couple.

http://earl-earlsview.blogspot.com/2014/11/okay-state-of-washington-attorney.html

I am also going to write to Bill and Melinda Gates Foundation for them building and stocking a Designated Appleseed Range in the Seattle Metro area for safe sane sharing and shooting and honoring the heritage of the founding fathers. I am sure they will think that is a great idea.

[kenjo]

Well if you pray long enough, you may have a better thought. So I have had a couple.

http://earl-earlsview.blogspot.com/2014/11/okay-state-of-washington-attorney.html

I am also going to write to Bill and Melinda Gates Foundation for them building and stocking a Designated Appleseed Range in the Seattle Metro area for safe sane sharing and shooting and honoring the heritage of the founding fathers. I am sure they will think that is a great idea.