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Thread: Hb 1840

  1. #1
    Regular Member bmg50cal's Avatar
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    Hb 1840

    The measure passed 61-37 and now goes to the state Senate.

    http://mynorthwest.com/174/2225491/W...training-order

    http://apps.leg.wa.gov/billinfo/summ...2013&bill=1840

    https://docs.google.com/viewer?a=v&q...RMhOUsf0j2ip4w

    Brief Summary of Bill

    Adds possession of a firearm while subject to certain protection, no-contact, and
    restraining orders to the list of what constitutes unlawful possession of a firearm in
    the second degree.

    Requires a person subject to certain protection, no-contact, or restraining orders to
    surrender their firearms, dangerous weapons, and concealed pistol license while the
    order is in place.

    Adds sexual assault protection orders to the list of orders qualifying for weapons
    surrender.

    Requires law enforcement agencies to develop policies and procedures for seizure
    and return of weapons required to be surrendered.

  2. #2
    Regular Member jt59's Avatar
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    Interesting...I wonder what promulgated this bill? My niece got into a tussel with her (about to be) ex while picking up her child and some shoving ensued. He filed a restraining order (which is pretty easy, and done administratively) against her. He also filed assault charges and for the two weeks it took to get in front of a judge and sorted out, she would be in violation of this law? Have to turn in any firearms under this law?....and then f@rt around with the local police to get them back?

    The restraining order was dropped by the judge, he was ordered to take a drug screen, the police refused to pursue the assault claim...he may end up in violation of his parole if he tests positive....

    I am sure the rationale is for stories that look the opposite of this, somehow and an expectation that it may reduce (the potential) for gun violence...but it just makes me say "Huh?"
    Last edited by jt59; 03-13-2013 at 07:35 AM.
    Far better it is to dare mighty things, to win glorious triumphs, even though checkered by failure, than to take rank with those poor spirits who neither enjoy much nor suffer much, because they live in the grey twilight that knows not victory nor defeat....Teddy Roosevelt

  3. #3
    Regular Member bmg50cal's Avatar
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    This includes "dangerous weapons," so knifes, bats, clubs, bows, etc would more than likely be included.

    Summary of Bill:

    Additional restrictions on the ability to possess a firearm, dangerous weapon, or concealed pistol
    license are placed on persons subject to certain listed protection, no-contact, and restraining
    orders. The restrictions only apply when the order was issued after notice and an opportunity of
    the person to participate. Additionally, the order must either include a finding that the restrained
    person is a credible threat to the physical safety of an intimate partner or an intimate partner's
    child, or, by its terms, restrain the person from committing certain criminal acts against an
    intimate partner or the child of an intimate partner.
    An intimate partner includes a current or
    former spouse or domestic partner, a person with whom the restrained person has a child in
    common, or is a person with whom the restrained person has cohabitated or is cohabitating.

    Possessing a firearm while subject to a qualifying protection, no-contact, or restraining order
    constitutes unlawful possession of a firearm in the second degree.

    When entering a qualifying protection, no-contact, or restraining order the court must:

    • require the respondent to surrender any firearm or other dangerous weapon;


    • prohibit the respondent from obtaining or possessing a firearm or other dangerous weapon;


    • require the party to surrender their concealed pistol license; and


    • prohibit the party from obtaining or possessing a concealed pistol license.


    Sexual assault protection orders are included in the provisions of current law that require
    firearms, dangerous weapons, and concealed pistol licenses to be surrendered by restrained
    parties.

    All law enforcement agencies must develop policies and procedures regarding acceptance,
    seizure, storage, and return of weapons required to be surrendered.
    That "or" part is the kicker. Makes it really easy for a PO'd intimate partner to screw someone over without any proof.

  4. #4
    Campaign Veteran gogodawgs's Avatar
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    Quote Originally Posted by jt59 View Post
    Interesting...I wonder what promulgated this bill? My niece got into a tussel with her (about to be) ex while picking up her child and some shoving ensued. He filed a restraining order (which is pretty easy, and done administratively) against her. He also filed assault charges and for the two weeks it took to get in front of a judge and sorted out, she would be in violation of this law? Have to turn in any firearms under this law?....and then f@rt around with the local police to get them back?

    The restraining order was dropped by the judge, he was ordered to take a drug screen, the police refused to pursue the assault claim...he may end up in violation of his parole if he tests positive....

    I am sure the rationale is for stories that look the opposite of this, somehow and an expectation that it may reduce (the potential) for gun violence...but it just makes me say "Huh?"
    You don't have to turn them in to the police/state. You can turn them over to a family member until the issue is resolved.

    Lesson: file the restraining order first...
    Live Free or Die!

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