Washington Initiative 1639

Initiative 1639 was a Washington state ballot initiative concerning firearms regulation that was passed into law on November 6, 2018. The initiative altered the gun laws in Washington by defining the term "semiautomatic assault rifle" to include all semiautomatic rifles,[1][2] raising the minimum age for purchasing semiautomatic rifles from 18 to 21. It also imposes a 10-day waiting period before being allowed to claim a rifle from a firearms dealer, and expanded background checks to include medical records requiring a waiver of HIPAA rights.

Initiative Measure No. 1639
Concerns firearms
Results by county showing total votes by size, and Yes or No by color
Location	Washington, United States
Date	November 6, 2018
Results Votes % Yes 1,839,475 59.35% No 1,259,681 40.65% Valid votes 3,099,156 100.00% Invalid or blank votes 0 0.00% Total votes 3,099,156 100.00% Registered voters/turnout 4,362,459 71.04%
Source: November 6, 2018 General Election Results, Washington State Secretary of State

Scope and impact

Initiative 1639 was passed into law by a vote of 59 percent to 41 percent in a public referendum that took place on November 6, 2018.[3][4] The initiative concerned the regulation of firearms and made several amendments to state law: the minimum age of purchase of semiautomatic rifles was raised from 18 to 21, the extent of mandatory background checks for semiautomatic weapons purchasers was expanded, and requirements for home storage of firearms were established.[4] The restrictions created by the legislation did not extend to single shot or bolt action rifles and the new regulations generally mirrored those already in place for handguns.[4] According to The Seattle Times it was the most "ambitious" gun control legislation in the history of the state.[5]

The increased age limit for "semiautomatic assault firearm" purchases went into effect on January 1, 2019, but the provision defining such firearms did not go into effect until July 1, 2019, along with other provisions of the law.[6][7]

Campaign

The petition drive to place the initiative on the 2018 general election ballot raised $5.3 million, with funding coming from Microsoft co-founder Paul Allen, former Microsoft CEO Steve Ballmer, and others.[4] The proposed initiative was also supported by state Attorney General Bob Ferguson, who had previously proposed a statewide ban on semi-automatic rifles in response to the 2016 Mukilteo shooting.[5] The National Rifle Association and other groups opposed to the measure raised approximately $600,000 to campaign against it.[4] Questions about whether the form of the petitions submitted by initiative backers complied with state law resulted in the measure being temporarily blocked from the ballot by order of the Thurston County Superior Court, though a subsequent ruling by the Washington State Supreme Court quashed the lower court injunction.[4]

Results

Initiative Measure 1639 passed with 59.35% voting Yes and 40.65%, with 1,839,475 Yes votes and 1,259,681 No votes, out of a total of 3,099,156 votes cast.[8]

Results by county[8]

County	No	Yes	Total
Adams	64.45%	35.55%	100.00%
	2,718	1,499	4,217
Asotin	56.89%	43.11%	100.00%
	5,204	3,944	9,148
Benton	60.86%	39.14%	100.00%
	45,781	29,438	75,219
Chelan	54.79%	45.21%	100.00%
	18,488	15,255	33,743
Clallam	49.82%	50.18%	100.00%
	19,795	19,937	39,732
Clark	45.99%	54.01%	100.00%
	89,382	104,953	194,335
Columbia	69.42%	30.58%	100.00%
	1,546	681	2,227
Cowlitz	61.44%	38.56%	100.00%
	27,457	17,229	44,686
Douglas	62.70%	37.30%	100.00%
	9,426	5,608	15,034
Ferry	72.79%	27.21%	100.00%
	2,574	962	3,536
Franklin	59.74%	40.26%	100.00%
	13,332	8,984	22,316
Garfield	72.95%	27.05%	100.00%
	987	366	1,353
Grant	67.79%	32.21%	100.00%
	18,008	8,558	26,566
Grays Harbor	57.93%	42.07%	100.00%
	16,598	12,052	28,650
Island	44.07%	55.93%	100.00%
	18,633	23,644	42,277
Jefferson	32.22%	67.78%	100.00%
	6,742	14,183	20,925
King	23.58%	76.42%	100.00%
	226,117	732,773	958,890
Kitsap	42.80%	57.20%	100.00%
	51,850	69,283	121,133
Kittitas	57.40%	42.60%	100.00%
	11,168	8,290	19,458
Klickitat	59.89%	40.11%	100.00%
	6,468	4,332	10,800
Lewis	70.18%	29.82%	100.00%
	23,974	10,187	34,161
Lincoln	75.09%	24.91%	100.00%
	4,197	1,392	5,589
Mason	55.58%	44.52%	100.00%
	15,418	12,372	27,790
Okanogan	63.82%	36.18%	100.00%
	10,728	6,082	16,810
Pacific	55.20%	44.80%	100.00%
	6,034	4,897	10,931
Pend Oreille	69.85%	30.15%	100.00%
	4,840	2,089	6,929
Pierce	45.59%	54.41%	100.00%
	148,948	177,774	326,722
San Juan	28.29%	71.71%	100.00%
	3,142	7,964	11,106
Skagit	47.47%	52.53%	100.00%
	25,917	28,675	54,592
Skamania	60.46%	39.54%	100.00%
	3,410	2,230	5,640
Snohomish	41.11%	58.89%	100.00%
	132,435	189,709	322,144
Spokane	49.11%	50.89%	100.00%
	112,512	116,609	229,121
Stevens	73.14%	26.86%	100.00%
	16,608	6,100	22,708
Thurston	42.57%	57.43%	100.00%
	53,141	71,705	124,846
Wahkiakum	64.72%	35.28%	100.00%
	1,581	862	2,443
Walla Walla	52.56%	47.44%	100.00%
	13,483	12,172	25,655
Whatcom	39.80%	60.20%	100.00%
	43,649	66,032	109,681
Whitman	45.67%	54.33%	100.00%
	7,923	9,427	17,350
Yakima	55.83%	44.17%	100.00%
	39,467	31,226	70,693
Grand Total	40.65%	59.35%	100.00%
	1,259,681	1,839,475	3,099,156 <https://results.vote.wa.gov/results/20181106/State-Measures-Initiative-Measure-No-1639-Initiative-Measure-No-1639-concerns-firearms_ByCounty.html>

Legal challenges

Lawsuit

A lawsuit seeking to have the law overturned has been filed in federal court by the National Rifle Association and the Second Amendment Foundation.[7]

Enforcement refusals

See also: Second Amendment sanctuary

Background

The Revised Code of Washington establishes the state's 39 sheriffs as the "chief executive officer and conservator of the peace" of their respective counties and charges each to "keep and preserve the peace in their respective counties, and quiet and suppress all affrays, riots, unlawful assemblies and insurrections" and to "defend the county against those who ... endanger the public peace or safety".[9]

In what has been described as an "atypical" situation, a number of county sheriffs have gone on record stating they do not intend to apply the provisions of Initiative 1639 in their counties.[7] Some sheriffs have said they believe Initiative 1639 violates Article I, Section 24 of the Constitution of Washington, which says:

The right of the individual citizen to bear arms in defense of himself, or the state, shall not be impaired, but nothing in this section shall be construed as authorizing individuals or corporations to organize, maintain or employ an armed body of men.[10][11]

Others have said the law is incongruous in that it would prohibit private ownership of semiautomatic firearms by 18-, 19-, and 20-year-old military veterans who were otherwise determined qualified to bear them by the United States Armed Forces as indicated by their military service. Still other sheriffs have said provisions of the legislation requiring certain measures of home security for privately owned firearms are either impossible to enforce in practice, or are a violation of the Fourth Amendment to the United States Constitution, which prohibits "unreasonable search".[7][11][12]

On February 12, Washington Attorney General Bob Ferguson issued an open letter to law enforcement refusing to enforce the initiative. Ferguson wrote that Initiative 1639 should be presumed constitutional as "no court has ruled that this initiative is unconstitutional."[13] Ferguson said if law enforcement refused to perform enhanced background checks on semiautomatic rifle purchases as required by the initiative, they could be held liable if a prohibited individual gets a gun and uses it in a crime. The sheriffs of Franklin and Lincoln counties said that the required background checks would be performed, despite their belief that the initiative is unconstitutional.[14][15]

Disposition of sheriffs

Positions of sheriffs on I-1639, showing population of county by size. Color shows whether they will enforce the law (green), not enforce it (red), partially enforce it (orange), are undecided (blue), or if no data is available (gray).[16]

As of February 2019, the sheriffs of 12 of Washington's 39 counties — specifically Adams, Benton, Ferry, Grant, Grays Harbor, Kittitas, Klickitat, Mason, Okanogan, Pacific, Stevens, and Yakima counties, representing 1.4 million people, or 19% of the state's 7.5 million population — said they will not enforce the law, though some have indicated they will only refuse to do so until the final adjudication of pending lawsuits against the legislation.[7][16][17][18]

The sheriff of Spokane County said he will not enforce the law, but accused other sheriffs who similarly stated they would not enforce it of "grandstanding".[7][19]

The sheriffs of Lewis and Wahkiakum counties said they will apply the law in cases where they are aware it was transgressed, but would not take any steps to actively seek out or investigate violators.[20][21] After warnings from the State Attorney General, two sheriffs who had initially said they would not enforce it, of Franklin, and Lincoln counties, said they would perform the background checks required by the law.[14][15]

The sheriff of Cowlitz County has said he is undecided about whether or not to apply the law in his county.[22]

The sheriffs of 13 counties, with a total population of 4.8 million, or 64% of the state, specifically Asotin, Chelan, Clallam, Clark, Douglas, Island, Jefferson, King, Pierce, Thurston, Walla Walla, Whatcom, and Whitman counties, said they will enforce the law, though several said they personally opposed it.[7][16][23][22] [24]

Public reaction

In an editorial, The News Tribune denounced sheriffs who refused to apply the law as "agitators" and accused them of rebellion, writing that the sheriffs who said they would refuse to enforce the law were usurping the legislative and judicial role.[23] In an editorial, the Walla Walla Union-Bulletin described Initiative 1639 as a "lousy" law but said the sheriffs of the state's counties should enforce it, a position also taken by the Moscow-Pullman Daily News.[25][26]

In early February 2019, several pseudonymous Facebook posts threatened to assassinate sheriffs who refused to enforce the law, specifically naming Spokane County Sheriff Ozzie Knezovich. A representative of the Alliance for Gun Responsibility, which campaigned for the legislation, condemned the threats.[27]

References

1. Murphy, Paul P. "It's now illegal for anyone under 21 to buy a semi-automatic rifle in Washington state". CNN. Retrieved 2019-06-10.
2. "Washington state voters approved new gun regulations in I-1639. Here's what the law will do". The Seattle Times. 2018-11-08. Retrieved 2019-06-10.
3. "November 6, 2018 General Election Results: Initiative Measure No. 1639". Washington Secretary of State. November 27, 2018. Retrieved February 15, 2019.
4. Camden, Jim (November 6, 2018). "I-1639, which creates restrictions on semiautomatic rifles, passes". The Spokesman-Review. Retrieved February 10, 2019.
5. O'Sullivan, Joseph (September 23, 2018). "I-1639 the most ambitious effort at gun regulation in Washington state's history". The Seattle Times. Retrieved February 15, 2019.
6. ""Initiative Measure No. 1639, filed May 2, 2018"" (PDF).
7. Gutman, David (February 10, 2019). "Washington voters said yes to tough new gun law; at least 13 county sheriffs say no to enforcing it". The Seattle Times. Retrieved February 10, 2019.
8. November 6, 2018 General Election Results, Washington State Secretary of State
9. "RCW 36.28.010 General duties". leg.wa.gov. State of Washington. Retrieved February 11, 2019.
10. Volokh, Eugene. "State Constitutional Right to Keep and Bear Arms Provisions". law.ucla.edu. UCLA. Retrieved February 11, 2019.
11. Luck, Melissa (November 19, 2018). "Police chief in eastern Washington says his officers won't enforce new gun laws". KXLY-AM. Retrieved February 11, 2019.
12. Stevenson, Stephanie (February 4, 2019). "Two more Washington Sheriffs announce they won't be enforcing I-1639". KHQ-TV. Retrieved February 11, 2019.
13. Ferguson, Bob (February 12, 2019). "AG Ferguson issues open letter to law enforcement on I-1639" (Press release). Washington State Office of the Attorney General. Retrieved February 24, 2019.
14. Gutman, David (February 12, 2019). "Sheriffs who don't enforce Washington's new gun law could be liable, AG Bob Ferguson says". The Seattle Times. Retrieved February 24, 2019.
15. Clouse, Thomas (February 12, 2019). "Washington attorney general calls out sheriffs who say they won't enforce new gun law". The Spokesman-Review. Retrieved February 24, 2019.
16. April 1 official population estimates, Washington State Office of Financial Management, April 1, 2019
17. Wilson, Jason (January 26, 2019). "The sheriffs resisting Washington's new gun laws: 'I'm not going to enforce that'". The Guardian. Retrieved February 11, 2019.
18. Roberts, Olivia (February 11, 2019). "Okanogan, Lincoln county sheriffs will not enforce new gun laws". KXLY-TV. Retrieved February 11, 2019.
19. Maxwell, Peter (February 5, 2019). "Man accused of making threats to Sheriff Knezovich about I-1639 identified". KHQ-TV. Retrieved February 11, 2019.
20. Sundell, Allison (December 4, 2019). "Lewis County Sheriff's Office won't seek out I-1639 violators". KING-TV. Retrieved February 11, 2019.
21. Bruell, Alex (December 7, 2018). "Wahkiakum sheriff, citing constitution, says he won't enforce I-1639". The Daily News (Longview). Retrieved February 11, 2019.
22. Thomas, Jake (February 4, 2019). "Clark County Sheriff's Office 'will adhere to' I-1639". The Columbian. Retrieved February 11, 2019.
23. "Washington sheriffs should end rhetoric against new gun law". The News Tribune. February 11, 2019. Retrieved February 6, 2019.
24. • Rantz, Jason (February 4, 2019). "Thurston Sheriff on 1639: 'Am I supportive of it? No. Am I going to enforce it? Yes'". KIRO-FM. Retrieved February 11, 2019.
    • "Walla Walla County Sheriff to enforce 1639 while opposing it". KEPR-TV. February 1, 2019. Retrieved February 11, 2019.
    • Major, Jesse (February 11, 2019). "Sheriffs view new gun law: On Peninsula, one awaiting courts, other says he must enforce law". Peninsula Daily News. Retrieved February 3, 2019.
    • "Sheriff Elfo comments on gun control law". KGM-AM. February 6, 2019. Retrieved February 11, 2019.
    • Araradian, Armen (February 8, 2019). "Sheriffs challenging voter approved initiative on gun control". KLEW-TV. Retrieved February 11, 2019.
    • Stensland, Jessie (February 8, 2019). "Sheriff won't refuse to enforce gun laws". Whidbey News-Times. Retrieved February 13, 2019.
25. "Gun-control initiative is the law even if we don't like it". Walla Walla Union-Bulletin. February 5, 2019. Retrieved February 11, 2019.
26. Babcock, Josh (February 7, 2019). "Our View: Sheriffs are meant to be law enforcers, not lawmakers". Moscow-Pullman Daily News. Retrieved February 11, 2019.
27. Sokol, Chad (February 6, 2019). "Detectives Investigating Facebook Threats Against Washington Sheriffs". The Chronicle (Centralia, Washington). Retrieved February 11, 2019.

External links

• Washington Secretary of State Election Results I-1639 by County - DO NOT TRUST THE MAP DISPLAY!
• Final text, Washington Secretary of State
• Washington Initiative 1639, Changes to Gun Ownership and Purchase Requirements Measure (2018), Ballotpedia