Inslee, AG Ferguson lay down the law in letter to 262 gun dealers

Washington State Attorney General Bob Ferguson speaks as supporters of Washington State Initiative 1639, which will enact waiting periods and background checks on the purchase of semiautomatic weapons, increase the minimum age of semi-automatic weapon purchase from 18 to 21 and add class-C felony charges for any owner whose gun is used by an unlicensed party, gather at the Edgewater Hotel, Tuesday, Nov. 6, 2018. Early ballot drops show the Initiative has a solid lead. It will be the most comprehensive gun control legislation in any state. less Washington State Attorney General Bob Ferguson speaks as supporters of Washington State Initiative 1639, which will enact waiting periods and background checks on the purchase of semiautomatic weapons, increase ... more Photo: GENNA MARTIN, SEATTLEPI.COM Photo: GENNA MARTIN, SEATTLEPI.COM Image 1 of / 20 Caption Close Inslee, AG Ferguson lay down the law in letter to 262 gun dealers 1 / 20 Back to Gallery

Washington gun dealers must obey new regulation on sales and background checks for buyers of semiautomatic assault rifles, even if county sheriffs make noises about not enforcing the law, Gov. Jay Inslee and Attorney General Bob Ferguson said in a letter to 262 gun dealers.

Inslee and Ferguson lay down the law in a now-hear-this letter sent to dealers in counties where sheriffs have balked at provisions of Initiative 1639.

The initiative took nearly 60 percent of the vote last November, and passed by a statewide margin of nearly 600,000 votes.

But sheriffs in 13 largely rural counties say they won't enforce provisions of I-1639.

"Despite what a small group of sheriffs would have people believe, no one can pick and choose which laws to follow," Inslee said in a statement. "It's very simple: Washington voters overwhelmingly approved stronger background checks and gun safety measures, and dealers will be required to comply with those laws."

"They do not have the right to think they are a mini-Supreme Court," the Governor told a news conference Friday.

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One provision of I-1639, already in effect, raises from 18 to 21 the minimum age to purchase a semi-automatic assault rifle. There is the requirement of a 10-day waiting period.

Come summer, dealers will be required to conduct a criminal background check on purchasers of semi-automatic assault weapons, the same background check now required for handgun purchasers. The initiative also has provisions for safe storage of firearms.

"We wrote this letter to ensure these dealers have accurate information about the initiative to avoid legal jeopardy because of statements made by local elected officials," Ferguson said.

The letter warns gun dealers on several fronts. It says:

--"First, federal law requires licensed firearms dealers to comply with federal and state law. Because no court has found any provision of Initiative 1639 to be unconstitutional, you are required to comply with this new state law.

--"Second, the ATF (Bureau of Alcohol, Tobacco and Firearms) has the authority to find you have violated state law, which may affect your federal firearms license and could potentially lead to federal criminal charges.

--"Finally, violation of Initiative 1639 constitutes violations of state law and could be punished accordingly."

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The letter reminds dealers that violations of the assault rifle regulations would be investigated not just by local sheriffs, but by the Washington State Patrol.

The National Rifle Association has been outgunned in Washington by a gun safety movement that arose out of the Newtown, Connecticut, murders of 20 first graders and six adults in December of 2012.

The Legislature, where NRA influence is heavy, refused to act, only to see the gun safety movement take its case to the people. Washington voters closed the gun show loophole in 2014 by requiring criminal background checks of those purchasing firearms on line or at gun shows. It voted for extreme risk protection orders in 2016, and combined higher purchase age with background checks in 2018.

In December 2014, as the gun show measure -- Initiative 594 -- went into law, a big demonstration at the State Capitol featured speakers claiming the measure was unconstitutional, and urging disobedience. Out of state speakers and in-state militia activists vowed to overturn the law.

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A couple months later, gun rights activists packed heat into the visitors gallery of the Washington State House of Representatives. Lawmakers were not in session.

Inslee and Ferguson delivered a pointed reminder of what subsequently happened in their letter to the firearms dealers.

"It is our responsibility to defend the constitutionality of initiatives enacted by the voters, and we are confident that we will successfully perform that role in the same way that we defeated the constitutional challenge to Initiative 594, which expanded background checks.

The National Rifle Association and Second Amendment Foundation are challenging I-1639 this year.