I was initially surprised the complaint was filed in Federal District Court instead of State Court. But, after thinking about it it became clear to me that it was likely necessary to do so as the Attorney General might be able to raise endless jurisdiction issues in State Court. The vulnerable areas of I-594 are the portions that are in direct conflict with Federal law. For examples of conflicts between Federal law and I-594, see these examples.
10. Plaintiff JOE WALDRON (“Waldron”) is a resident of Florida. Waldron is the legislative director for the Citizen's Committee for the Right to Keep and Bear Arms (“CCRKBA”), the Chairman/Treasurer of Gun Owner's Action League of Washington, and is a registered Washington state lobbyist; he travels to Washington frequently for business related to those positions. When traveling in Washington, Waldron exercises his right to carry a firearm for self-defense pursuant to a valid Washington State concealed pistol license. Waldron would check a firearm in his luggage but cannot determine whether the act of “transferring” the firearm to or from an airline employee is governed by I-594. Waldron would also borrow a pistol from Plaintiff Alan Gottlieb, but federal law prohibits a licensed dealer in Washington from transferring a handgun to non-resident
11. Plaintiff GENE HOFFMAN (“Hoffman”) is a resident of California. Hoffman is the Chairman of the CalGuns Foundation and a board member of Plaintiff Second Amendment Foundation. When traveling in Washington, Hoffman exercises his right to carry a firearm for self-defense pursuant to license which allows him to carry a concealed firearm under Washington law. Hoffman would check a firearm in his luggage, but cannot determine whether the act of “transferring” the firearm to or from an airline employee is governed by I-594. Hoffman would also borrow a pistol from Plaintiff Alan Gottlieb, but federal law prohibits a licensed dealer in Washington from transferring a handgun to non-resident Hoffman, making I-594’s requirement of transfers through a licensed dealer impossible for Hoffman. In the past, Hoffman has kept his boat at various marinas in the Puget Sound for vacation and business use. He intends to either purchase a larger boat in the Puget Sound or bring his current boat back to the Puget Sound for cruising. He would leave his firearms with friends who are Washington residents before traveling into Canadian waters as bringing a handgun into Canada is generally prohibited for U.S. Citizens, a practice in which Hoffman cannot engage due to the restrictions imposed by the combination of I-594 and federal law.
