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Thread: It's Official. AG to render opinion on Seattle Parks gun ban.

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    Hey fellas, I subscribe to the AG listserve which lets me know whenever someone with standing has officially requested an AG opinion. I got the following by e-mail today.


    NOTICE OF REQUEST FOR ATTORNEY GENERAL’S OPINION

    WASHINGTON ATTORNEY GENERAL



    The Washington Attorney General issues formal published opinions in response to requests by the heads of state agencies, state legislators, and county prosecuting attorneys. When it appears that individuals outside the Attorney General’s Office have information or expertise that will assist in the preparation of a particular opinion, a summary of that opinion request will be published in the opinion listserv. If you are interested in commenting on a request listed here, you should notify the Attorney General’s Office of your interest by August 13, 2008. This is not the due date by which comments must be received. However, if you do not notify the Attorney General’s Office of your interest in commenting on an opinion request by this date, the opinion may be issued before your comments have been received. You may notify the Attorney General’s Office of your intention to comment by calling (360) 664-3027, or by writing to the Office of the Attorney General, Solicitor General Division, Attention James Pharris, Deputy Solicitor General, P.O. Box 40100, Olympia, Washington 98504-0100. When you notify the office of your intention to comment, you may be provided with a copy of the opinion request in which you are interested; information about the Attorney General’s Opinion process; information on how to submit your comments; and a due date by which your comments must be received to ensure that they are fully considered.



    The Attorney General’s Office seeks public input on the following opinion request(s):



    Opinion Docket Nos. 08-06-08 and 08-07-01

    Requests by Bob Morton, et al., State Senator 7th District/

    Kevin Van De Wege, et al., State Representative, 24th District



    Does a city in Washington have authority to enact a local law that prohibits possession of firearms on city property or in city-owned facilities?

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    Thats awesome.

    Hopefully this will be another victory for us!

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    RiverTMasco wrote:
    Hopefully this will be another victory for us!
    With this AG, it could be a flip of the coin.

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    Ajetpilot wrote:
    RiverTMasco wrote:
    Hopefully this will be another victory for us!
    With this AG, it could be a flip of the coin.
    I am not so sure about that. McKenna is pretty good about interpreting the laws and using caselaw and language useage to interpret RCW's and WAC's. Plus he actually is fairly pro 2A.
    "A fear of weapons is a sign of retarded sexual and emotional maturity."

    "though I walk through the valley in the shadow of death, I fear no evil, for I know that you are by my side" Glock 23:40

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    Regular Member Ajetpilot's Avatar
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    I hope you're right,joeroket. I hope you're right.

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    I am not so sure about that. McKenna is pretty good about interpreting the laws and using caselaw and language useage to interpret RCW's and WAC's. Plus he actually is fairly pro 2A.
    Nope. See http://washingtonceasefire.org/advocacy
    In the 2008 Legislative season Washington CeaseFire will advocate for legislation that would ensure mental health records from Washington State are included in the federal background check database (NICS).

    Read the recommendations of Attorney General Rob McKenna and other Attorney General's nationwide on campus safety and how strengthening our firearms laws can help keep our students safe.

    Read Attorney General Rob McKenna's recommendations for strengthening Washington State's Firearms laws.




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    44Brent wrote:
    I am not so sure about that. McKenna is pretty good about interpreting the laws and using caselaw and language useage to interpret RCW's and WAC's. Plus he actually is fairly pro 2A.
    Nope. See http://washingtonceasefire.org/advocacy
    In the 2008 Legislative season Washington CeaseFire will advocate for legislation that would ensure mental health records from Washington State are included in the federal background check database (NICS).

    Read the recommendations of Attorney General Rob McKenna and other Attorney General's nationwide on campus safety and how strengthening our firearms laws can help keep our students safe.

    Read Attorney General Rob McKenna's recommendations for strengthening Washington State's Firearms laws.


    And the problem with not allowing people that have been invonluntarily commited from obtaining firearms is what?

    The Basis of the second link is to require schools to track and report bullying and threats. Hmmm again the problem with that is what?
    "A fear of weapons is a sign of retarded sexual and emotional maturity."

    "though I walk through the valley in the shadow of death, I fear no evil, for I know that you are by my side" Glock 23:40

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    I just wish it said:

    Does a city in Washington have authority to prohibit possession of firearms on city property or in city-owned facilities?

    (take out the "enact a law" bit). Seems that Nickels is trying to skirt preemption by making "policy" instead of ordinances/laws.

    The preemption statute is one of the most succinct and clearly worded RCW's I've seen. It seems like a no brainer that a city can't make a firearms law that goes against it. But "policies" etc that can lead to trespassing charges are a greyish area.

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    44Brent wrote:
    I am not so sure about that. McKenna is pretty good about interpreting the laws and using caselaw and language useage to interpret RCW's and WAC's. Plus he actually is fairly pro 2A.
    Nope. See http://washingtonceasefire.org/advocacy
    In the 2008 Legislative season Washington CeaseFire will advocate for legislation that would ensure mental health records from Washington State are included in the federal background check database (NICS).

    Read the recommendations of Attorney General Rob McKenna and other Attorney General's nationwide on campus safety and how strengthening our firearms laws can help keep our students safe.

    Read Attorney General Rob McKenna's recommendations for strengthening Washington State's Firearms laws.

    The trouble with requiring medical records being included in background checks is it violate patient privacy laws and those are Federal laws, the HIPPA laws.

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    How long do these opinions usually take?

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    And the problem with not allowing people that have been invonluntarily commited from obtaining firearms is what?
    One problem might be that people have been "kidnapped" by mental hospitals simply to exploit the fact that the victim had medical insurance.

    In 1992, U.S. Representative Patricia Schroeder of Colorado held hearings investigating the practices of psychiatric hospitals in the United States. Rep. Schroeder summarized her committee's findings as follows: "Our investigation has found that thousands of adolescents, children, and adults have been hospitalized for psychiatric treatment they didn't need; that hospitals hire bounty hunters to kidnap patients with mental health insurance; that patients are kept against their will until their insurance benefits run out; that psychiatrists are being pressured by the hospitals to increase profit; that hospitals 'infiltrate' schools by paying kickbacks to school counselors who deliver students; that bonuses are paid to hospital employees, including psychiatrists, for keeping the hospital beds filled; and that military dependents are being targeted for their generous mental health benefits. I could go on, but you get the picture" (quoted in: Lynn Payer, Disease- Mongers: How Doctors, Drug Companies, and Insurers Are Making You Feel Sick, John Wiley & Sons, Inc., 1992, pp. 234-235).
    Source: http://www.antipsychiatry.org/unjustif.htm

    With regard to Attorney General Rob McKenna, word is that he consulted all of the anti-gun people (Mayor Nickles, Gil Kerlikowske, Washington Ceasefire) when writing up his report, but not a single person from the NRA, WAC, or any gun rights organization.

    The fact that this report is being promoted by Washington Ceasefire ought to be enough to tell you about what's in it. If you don't know what's in it, I suggest you actually read the whole thing.

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    The OP text states that the AG solicits public comment on this (just have to notify them first by Aug 13 of your intention to comment).

    Should we all individually try to comment on this, or is it better to present a unified approach and have the "best" writer come up with something and we all sign it (or send in individual copies of same)?

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    spike89 wrote:
    The OP text states that the AG solicits public comment on this (just have to notify them first by Aug 13 of your intention to comment).

    Should we all individually try to comment on this, or is it better to present a unified approach and have the "best" writer come up with something and we all sign it (or send in individual copies of same)?
    We definetly should not send in individual copies of the same product as one will be read and the rest tossed.

    I think we should all do it individually BUT we ALL have to do it in order for them to see such an enormous amount of people.

    If we can't get EVERYONE we should just have a representative.

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    44Brent wrote:
    And the problem with not allowing people that have been invonluntarily commited from obtaining firearms is what?
    One problem might be that people have been "kidnapped" by mental hospitals simply to exploit the fact that the victim had medical insurance.

    In 1992, U.S. Representative Patricia Schroeder of Colorado held hearings investigating the practices of psychiatric hospitals in the United States. Rep. Schroeder summarized her committee's findings as follows: "Our investigation has found that thousands of adolescents, children, and adults have been hospitalized for psychiatric treatment they didn't need; that hospitals hire bounty hunters to kidnap patients with mental health insurance; that patients are kept against their will until their insurance benefits run out; that psychiatrists are being pressured by the hospitals to increase profit; that hospitals 'infiltrate' schools by paying kickbacks to school counselors who deliver students; that bonuses are paid to hospital employees, including psychiatrists, for keeping the hospital beds filled; and that military dependents are being targeted for their generous mental health benefits. I could go on, but you get the picture" (quoted in: Lynn Payer, Disease- Mongers: How Doctors, Drug Companies, and Insurers Are Making You Feel Sick, John Wiley & Sons, Inc., 1992, pp. 234-235).
    Source: http://www.antipsychiatry.org/unjustif.htm

    With regard to Attorney General Rob McKenna, word is that he consulted all of the anti-gun people (Mayor Nickles, Gil Kerlikowske, Washington Ceasefire) when writing up his report, but not a single person from the NRA, WAC, or any gun rights organization.

    The fact that this report is being promoted by Washington Ceasefire ought to be enough to tell you about what's in it. If you don't know what's in it, I suggest you actually read the whole thing.
    Yea kidnapped, I'm sure thats exactly what it was.

    Word is that McKenna talk to anti-gun groups? As I said before, Good Grief.

    "A fear of weapons is a sign of retarded sexual and emotional maturity."

    "though I walk through the valley in the shadow of death, I fear no evil, for I know that you are by my side" Glock 23:40

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    joeroket wrote:
    Yea kidnapped, I'm sure thats exactly what it was.

    Word is that McKenna talk to anti-gun groups? As I said before, Good Grief.
    You really aren't very well informed are you Joeroket? Have you ever tried using a tool called Google to do a little research?

    61 sue NME over past psychiatric treatment
    http://www.ect.org/nme3.html

    National Medical has been sued in the past two years by many former patients alleging that they were hospitalized unnecessarily so that the company and others could profit.

    The psychiatric division of the Santa Monica, Calif., company pleaded guilty in June in Washington, D.C., to paying kickbacks to health care workers for patient referrals to its psychiatric hospitals. The company paid the government $362.7 million in restitution and fines.

    National Medical also paid 19 insurance companies $214 million to settle claims of fraud and paid fines to 28 state governments, including Texas.

    Former company vice president Peter Alexis, also named as a defendant in Monday's lawsuit, pleaded guilty in June to federal criminal charges and admitted that he paid more than $20 million in bribes for patient referrals to National Medical's Dallas and Fort Worth-area hospitals.

    Most of the plaintiffs in Monday's lawsuit were hospitalized at various times between 1982 and 1992 in Psychiatric Pavilion of Fort Worth and Brookhaven Psychiatric Pavilion in Farmers Branch, said attorney Parks W. Bell. He and the law firm Baker & Botts filed the suit on behalf of the plaintiffs.

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    44Brent wrote:
    joeroket wrote:
    Yea kidnapped, I'm sure thats exactly what it was.

    Word is that McKenna talk to anti-gun groups? As I said before, Good Grief.
    You really aren't very well informed are you Joeroket? Have you ever tried using a tool called Google to do a little research?

    61 sue NME over past psychiatric treatment
    http://www.ect.org/nme3.html
    National Medical has been sued in the past two years by many former patients alleging that they were hospitalized unnecessarily so that the company and others could profit.

    The psychiatric division of the Santa Monica, Calif., company pleaded guilty in June in Washington, D.C., to paying kickbacks to health care workers for patient referrals to its psychiatric hospitals. The company paid the government $362.7 million in restitution and fines.

    National Medical also paid 19 insurance companies $214 million to settle claims of fraud and paid fines to 28 state governments, including Texas.

    Former company vice president Peter Alexis, also named as a defendant in Monday's lawsuit, pleaded guilty in June to federal criminal charges and admitted that he paid more than $20 million in bribes for patient referrals to National Medical's Dallas and Fort Worth-area hospitals.

    Most of the plaintiffs in Monday's lawsuit were hospitalized at various times between 1982 and 1992 in Psychiatric Pavilion of Fort Worth and Brookhaven Psychiatric Pavilion in Farmers Branch, said attorney Parks W. Bell. He and the law firm Baker & Botts filed the suit on behalf of the plaintiffs.
    Actually I am well informed enough about what I need to be to keep myself and my family safe and thanks for the tip about this thing called "Google" :?

    I say we agree to disagree Brent. It is obvious this is going nowhere but banter back and forth and that is something I would rather not do on these forums. Maybe if we meet someday we can have a face to face talk and discussion about this topic. We obviously have different views on it and will get nowhere trying to discuss it on forums.
    "A fear of weapons is a sign of retarded sexual and emotional maturity."

    "though I walk through the valley in the shadow of death, I fear no evil, for I know that you are by my side" Glock 23:40

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    Marty Hayes wrote:
    Does a city in Washington have authority to enact a local law that prohibits possession of firearms on city property or in city-owned facilities?
    Hopefully he will also address the "sidestep" issue of merely calling such a ban a "regulation" or "Rule for Use of Facility", not a Law. Politicians and Lawyers thrive on semantics.
    "If I shoot all the ammo I am carrying I either won't need anymore or more won't help"

    "If you refuse to stand up for others now, who will stand up for you when your time comes?"

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