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What Washington Gun Laws are Unconstitutional, post McDonald?

gogodawgs

Campaign Veteran
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Oct 25, 2009
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5,669
Location
Federal Way, Washington, USA
We have a unique opportunity to consider which Washington gun laws could be considered unconstitutional following the McDonald decision.

Time for everyone to chime in with what is unconstitutional and why.
 

acmariner99

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Feb 12, 2010
Messages
655
Location
Renton, Wa
If I had to pick a WA law that was worth repealing, it would have to be the law that requires the gun be unloaded as defined by the RCW's (no mag in the well, no round in the chamber) if the carrier does not have a CPL.
 

tyguy808

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Oct 5, 2009
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Not Here Anymore
If I had to pick a WA law that was worth repealing, it would have to be the law that requires the gun be unloaded as defined by the RCW's (no mag in the well, no round in the chamber) if the carrier does not have a CPL.

Huh?!?!? There is no requirement to be unloaded when carrying. The only time it must be unloaded is in the car, absent a CPL. That one I do agree needs to go away. Also, you can have a mag in the well as long as there is no cartridges in the mag, I know, but whats the point?

As for laws that need to go away, the private property rights of businesses need to make like a banana. It really makes no sense anyhow, if there's a sign, I just pull a sweatshirt over my gun (as do MANY other here, you not breaking any laws..... right?).
 
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Tomas

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Mar 18, 2010
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University Place, Washington, USA
Meh. Washington's pretty reasonable compared to many areas. Most of the ones I'd like to see disappear or at least modified are some of the federal rules.

The one Washington rule I'd like to see modified isn't as a result of McDonald: Since I'm not a drinker, I feel I should be able to carry (concealed if necessary) into the "Over 21" portion of a restaurant or bar so long as I don't consume alcohol...
 

holeinhead

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Jun 30, 2008
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159
Location
Kirkland, Washington, USA
+1 to Tomas. I too feel we have pretty good laws for the most part. And also agree that the bar restriction sucks when I have no intention of drinking.

Also the restriction at 21 should be changed, hopefully the ruling will help that.
 
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Dave_pro2a

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Meh. Washington's pretty reasonable compared to many areas. Most of the ones I'd like to see disappear or at least modified are some of the federal rules.

The one Washington rule I'd like to see modified isn't as a result of McDonald: Since I'm not a drinker, I feel I should be able to carry (concealed if necessary) into the "Over 21" portion of a restaurant or bar so long as I don't consume alcohol...

According to BS spewed by Bob Warden on TV tonight, (and I paraphrase) "banning firearms in bars will obviously pass Constitutional muster post McDonald, because of the effect alcohol has on the brain and a person judgement." What stupidtastic reasoning was he applying:

Because everyone in a bar is drunk?
Because you can't be in a bar, and be stone cold sober?
Because no one needs to exercise their inalienable rights once they past the threshold of a establishment that serves alcohol?
Because bars are inherently safer than parks?

What about all the states that DO allow CCW and open carry in bars, without any rivers of blood flowing as a result?

Bob, here's a hint... your 15 minutes are over. Go 'help' some other cause, please.

Edited to add: found the quote

http://www.q13fox.com/news/kcpq-06282010-gunbanseattle,0,4378255.story

The unanswered question is what does reasonable mean?

Bob Warden filed the initial lawsuit against Seattle's gun ban in parks.

Warden says, "The law that says you can't possess a firearm in a tavern, for example is one that's going to pass constitutional muster just because the effect on the brain of alcohol and guns just is an inherently dangerous situation. That's going to be found to be a reasonable restriction no question about it... but from a constitutional point of view is it a reasonable restriction to say that you cannot carry a pistol in a public park or in a community center?"

Fundamentally, Bob agrees with McGinn: ban guns.
 
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fight4your_rights

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May 16, 2010
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Behind Enemy Lines
One I'd like to see repealed:

RCW 43.06.220
State of emergency — Powers of governor pursuant to proclamation.

(1) The governor after proclaiming a state of emergency and prior to terminating such, may, in the area described by the proclamation issue an order prohibiting:

(e) The possession of firearms or any other deadly weapon by a person (other than a law enforcement officer) in a place other than that person's place of residence or business;
 

Tomas

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Mar 18, 2010
Messages
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Location
University Place, Washington, USA
Sorry, a little off-topic here...

Bob Warden says, "The law that says you can't possess a firearm in a tavern, for example is one that's going to pass constitutional muster just because the effect on the brain of alcohol and guns just is an inherently dangerous situation. That's going to be found to be a reasonable restriction no question about it... but from a constitutional point of view is it a reasonable restriction to say that you cannot carry a pistol in a public park or in a community center?"
http://www.q13fox.com/news/kcpq-0628...,4378255.story

That is annoying because it uses the very same sort of illogic that the anti-gun folks use against us: Because some folks do bad things with "X" we must ban ALL "X" ...

I'll give just ONE sort of example where this absolutely fails to make any sense.

Occasionally I enjoy taking my 84 year old mother to Applebee's for dinner. She really likes Applebees. Neither of us drink, but neither of us really give a whit if others do.

Sometimes the wait for seating in the restaurant portion is up to an hour long, while the "bar" has tables and booths readily available, and they have no problem seating us and serving us dinner there.

Thing is, even though neither of us drinks and neither of us objects to being seated in the bar area to eat, that area is past the "No Minors" signs so we must of necessity refuse instant seating because I'm really not willing to hobble out to the car and dump my two firearms in my tiny station wagon...

It would be nice if the folks allegedly on our side didn't paint us with such a broad brush and automatically assume that anyone entering an area that serves alcohol will instantly turn into an aggressive, illogical drunk, and therefore does not deserve the right to self defense.

Bah!

Sorry for running a bit OT, but that just pushes one of my buttons. :mad:
 
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devildoc5

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Jun 9, 2010
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791
Location
Somewhere over run with mud(s)
kinda OT but kinda OnT too (lol)

M1 and I decided to hit up applebees after the centralia show one day. M1 SPECIFICALLY stated "no where near the bar pls"

They said ok and asked us to follow a waitress to our seats (they were not in the bar area.

HOWEVER

the stupid 21+ sign was placed in a location that made it APPEAR as though the seating section to which they were taking us was a 21+ area.

This created some confusion for a few seconds but everything got worked out. The point is this would have been easier should there be a no alchiehol whilst carrying law.

I mean you can sit in the "kiddie" section of applebees and order however many drinks you want, but cant sit in the "bar" area (where they have conveniently placed booths and seats as well as a bar) and order food????
 

amlevin

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Feb 16, 2007
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5,937
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North of Seattle, Washington, USA
I know that everyone has their pet "Law" that they would like to see ruled unconstitutional but the fact is the ruling won't change any WA law(s).

From the ruling:
‘Under our precedents, if a Bill of Rights guarantee is fundamental from an American perspective, then, unless stare decisis counsels otherwise, that guarantee is fully binding on the States and thus limits (but by no means eliminates) their ability to devise solutions to social problems that suit local needs and values. As noted by the 38 States that have appeared in this case as amici supporting petitioners, “tate and local experimentation with reasonable firearms regulations will continue under the Second Amendment.’ ~ Justice Alito~

Not only are reasonable regulations allowed, note the phrase "their ability to devise solutions to social problems that suit local needs and values. If the Legislators deem it necessary to limit the right to carry a pistol to those over 21 to solve a local social problem then it's allowed. Likewise should they decide it necessary to separate firearms from areas where alcohol is served and minors are excluded. McDonald won't change these, only another case and subsequent ruling. Based on my reading of the decision I won't see it happen in my lifetime.

McDonald won't have much, if any, effect here in WA. Look for changes in Chicago, New York, and any other area where just the basic right to have a firearm, period, is severely restricted. If one has the time, read all 214 pages of the ruling with opinions. For one thing, it points out how moronic a couple of the "Lib's" on the Court are and how truly left they lean.
 

heresolong

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Oct 4, 2007
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Blaine, WA, ,
The point is this would have been easier should there be a no alchiehol whilst carrying law.

So now you want to change the law to prevent me from having a beer with my dinner if I am exercising my right to self defense? I would rather avoid bars than not be able to have a beer or glass of wine. I think the whole issue is ridiculous. There are quite a few states that don't prohibit your firearm anywhere near alcohol. They don't have a problem. I always carry a firearm, I often drink. I do not have a drinking problem and I have never had a firearm problem, even on the few occasions that I have had too much to drink.

How about this? Let's make it illegal to shoot someone except in self defense, whether you are drinking or not, whether you are in a bar or not. Oh wait, it already is. Why do we need laws that assume people will act irresponsibly. I don't and I don't need you or the government to assume that I am going to.
 

Washintonian_For_Liberty

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Jun 28, 2008
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922
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Mercer Island, Washington, USA
They need to move towards constitutional carry. I would like to see the carrying of all firearms be legal. Like that gentleman in Arizona carried his AR-15 on his shoulder, I'd like to see that legal here in Washington as well.

Also, we need to fight the FBI background checks... I think there is enough scientifically proven evidence that they don't prevent bad guys from obtaining guns, and are forcing law abiding citizens to register firearms.... I think we need to demand that ALL records of purchases in this whole country be destroyed and at no time should ANY government agency have access to any gun purchase records and any records they have already taken possession of should be immediately destroyed.
 

gogodawgs

Campaign Veteran
Joined
Oct 25, 2009
Messages
5,669
Location
Federal Way, Washington, USA
Beer, Schools, CPLs...

The whole not being able to enter a bar thing is unconstitutional...

The whole not being able to enter the school to pick up my kids with my firearm is unconstitutional... (even though Alito specifically mentions this as a significant state issue, as other states allow school carry)

Mandating a CPL for loaded car carry is unconstitutional...

Residency requirements and not honoring travelers CPLs is unconstitutional.... (this will fall within the next 2 years...there will be reciprocity in ALL 50 states)
 

knight_308

Regular Member
Joined
Jun 13, 2008
Messages
173
Location
Renton, ,
I agree with ditching the bar law. I used to go armed to bars when I lived in PA all the time, have three or four beers over the course of a few hours, then go on with my life. It's really not that big of a deal. It's the same as any of these other restrictions (ala the WAC unloaded controversy) - don't blame everyone for the actions of a few. If someone is being irresponsible (threatening, sweeping, etc) then throw the book at them. Otherwise just let them be.
 

retrodad

Regular Member
Joined
Jan 16, 2007
Messages
168
Location
Greater Seattle Area
Silencers.
Short barreled shotguns.
Machine gun transfer.
Etc.

I would agree, Dave! We may not be able to shake the transfer fees/taxes, but outright bans on possession or use of these items are ridiculous. Our neighbors, Oregon and Idaho, do not have such restrictions -- what the hell makes us so special?
 
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