February 14th, 2013

Wash. State Bill Would Make Almost All Gun Owners Criminals


Washington Bill

This article was written by Mikael Thalen and originally published at The Examiner

Washington state Sens. Ed Murray (D),Jeanne Kohl-Welles (D) and Adam Kline (D) have introduced new gun control legislation that goes far above and beyond what anyone would consider a simple sales ban.

The bill, S.B. 5737, proposes “banning the sale of assault weapons.” According to the legislation, an “assault weapon” is any semiautomatic pistol, pump-action rifle or shotgun that can accept a detachable magazine, with the capacity to accept more than 10 rounds. Any magazine that accepts over 10 rounds itself will also be banned.

Also included in the definition is any rifle or shotgun with a pistol grip, a stock of any kind, a muzzle brake or muzzle compensator. The bill also prohibits the manufacturing, possessing, purchasing, selling or transferring of an assault weapons “conversion kit.”

In order to continue to possess a so-called assault weapon that was owned before the assumed passing of the legislation, the person must “safely and securely” store the assault weapon and allow the sheriff of the county to, no more than once per year, conduct an inspection to “ensure compliance,” despite some apparent civil liberties implications related to the Fourth Amendment.

Not to mention the manpower, time and money that would be needed to search tens of thousands of Washington homes; it could prove to be very difficult and possibly divert much needed manpower from conducting actual police duties, especially in light of shrinking police department budgets.

The bill also gives no definition of what “safe and secure” storage consists of. The ownership and storage may only be done on property owned or immediately controlled by that person or while engaged in the “legal use” of the assault weapon at a duly licensed firing range. The bill does, however, exempt possession rules if the weapon is about to be “permanently relinquished to a law enforcement agency.”

Any person who, after the effective date of the section, acquires title to an assault weapon by inheritance, bequest or succession must within thirty days either dispose of the weapon or have it permanently disabled so that it is incapable of discharging a projectile. Failure to comply will result in a class C felony.

Marshals, sheriffs, prison or jail wardens or their deputies, or other law enforcement officers of the state or another state will be exempt. Members of the armed forces of the United States, National Guard and organized services, are exempt when on duty. Also, any federal agent “allowed” to own an assault weapon is exempt as well.

This legislation is similar to a bill introduced by California Sen. Diane Feinstein (D) whose legislation would ban over 120 specifically named firearms.

Others such as President Obama and Attorney General Eric Holder have come out recently pushing for gun control. Holder gave a stern warning to gun traffickers, despite he and President Obama being involved in Operation Fast & Furious, a program that allowed tens of thousands of firearms to be given to drug cartels that took the lives of countless Mexicans and most notably U.S. Border Patrol Agent Brian Terry.

The program’s supposed intent was to track where guns went in Mexico, but government emails leaked to CBS News showed that the intent appeared to be to use the resulting deaths to blame American gun owners and push gun control.

Video of Holder claiming that American’s needed to be “brainwashed” to be anti-gun was also recently uncovered.




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17 Responses to “Wash. State Bill Would Make Almost All Gun Owners Criminals”

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  1. 1
    Deborah Says:

    I believe there are more red states than blue.

  2. 2
    Gregory Says:

    Notice that all the states that are trying to do this have large metropolitan areas that have blue areas that outnumber (population wise) the red areas.

  3. 3
    Cal Says:

    They are breaking their LAWFULLY required and legally binding oath of office, remove them imemdiately, prosecute them. Laws after Washington Constitution below.

    WASHINGTON CONSTITUTION
    ARTICLE I, DECLARATION OF RIGHTS
    SECTION 24 RIGHT TO BEAR ARMS. 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.

    SECTION 1 POLITICAL POWER. All political power is inherent in the people, and governments derive their just powers from the consent of the governed, and are established to protect and maintain individual rights.

    SECTION 2 SUPREME LAW OF THE LAND. The Constitution of the United States is the supreme law of the land.

    SECTION 3 PERSONAL RIGHTS. No person shall be deprived of life, liberty, or property, without due process of law.

    Federal law regulating oath of office by government officials is divided into four parts along with an executive order that further defines the law for purposes of enforcement.

    5 U.S.C. 3331, provides the text of the actual oath of office members of Congress are required to take before assuming office.

    5 U.S.C. 3333 requires members of Congress sign an affidavit that they have taken the oath of office required by 5 U.S.C. 3331 and have not or will not violate that oath of office during their tenure of office as defined by the third part of the law,

    5 U.S.C. 7311 which explicitly makes it a federal criminal offense for anyone employed in the United States Government to “advocate the overthrow of our constitutional form of government”.

    18 U.S.C. 1918 provides penalties for violation of oath of office described in 5 U.S.C. 7311 which include: (1) removal from office and; (2) confinement or a fine.

    The definition of “advocate” is further specified in Executive Order 10450 which for the purposes of enforcement supplements 5 U.S.C. 7311.

    Executive Order 10450 provision specifies it is a violation of 5 U.S.C. 7311 for any person taking the oath of office to advocate “the alteration … of the form of the government of the United States by unconstitutional means.”

    Our form of government is defined by the Constitution of the United States. According to Executive Order 10450 (and therefore 5 U.S. 7311) any act taken by government officials who have taken the oath of office prescribed by 5 U.S.C. 3331 which alters the form of government other then by amendment, is a criminal violation of the 5 U.S.C. 7311.

    Multiple precedent cases abide where individuals have been held accountable and prosecuted for not taking the Oath, not keeping the Oath, and decisions that an oath taker made to follow or enforce an unlawful order.

    Article VI, Clause 2 of the US Constitution: “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.”

    The Constitution of the United States of America IS the Supreme Law of this land, NOT those who serve within the federal government.

    The first law statute of the United States of America, enacted in the first session of the First Congress on 1 June 1789, was Statute 1, Chapter 1: an act to regulate the time and manner of administering certain oaths, which established the oath required by civil and military officials to support the Constitution.

    The wording of the Presidential Oath was established in the Constitution in Article II, Section 1, Clause 8.

    ‘Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation: “I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.”’

    The Framers placed the presidential Oath of Office after the beginning clauses setting forth the organization of the executive department, and before the ending clauses that specify the contours of the President’s assigned power. The President takes the oath after he assumes the office but before he executes it. The location and phrasing of the Oath of Office Clause strongly suggest that it is not empowering, but that it is limiting – the clause limits how the President’s “executive power” is to be exercised.

    The requirement for all Federal and State Civil officers to give their solemn and binding Oath is established in Article VI, Section 1, Clause 4.

    They are bound by their Oath to support the US Constitution, and should they abrogate their Oath by their acts or inaction, are subject to charges of impeachment and censure – political remedy for a political offense; civil and criminal charges.

    “I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter: So help me God.”

    Once given, the Oath is binding for life, unless renounced, refused, and abjured. It does not cease upon the occasions of leaving office or of discharge.

    Solemn: “Legally binding, Common legal phrase indicating that an agreement has been consciously made, and certain actions are now either required or prohibited. The other requirement for an agreement or contract to be considered legally binding is consideration – both parties must knowingly understand what they are agreeing to”
    .
    Bound: “Being under legal or moral obligation; to constitute the boundary or limit of; to set a limit to; confine”

    Legally Binding: Common legal phrase. Lawful action, such as an agreement consciously agreed to by two or more entities, establishing lawful accountability. An illegal action, such as forcing, tricking, or coercing a person into an agreement, is not legally binding. Both parties knowingly understand what they are agreeing to is the other requirement to legally establish an agreement or contract.

    Consideration: “Consideration in a contract is a bargained for exchange of acts or forbearance of an act.”

    Require, Requirement, Required: Mandated under a law or by an authoritative entity. “To claim or ask for by right and authority; That which is required; a thing demanded or obligatory; something demanded or imposed as an obligation.”

    Contract: “An agreement between two or more parties creating obligations that are enforceable or otherwise recognizable at law.”

    The Framers placed the requirement for “Oaths of Office” in the Constitution. These Oaths are to function as “checks” on the powers of the federal government and protect us from usurpations.
    Each Branch of the federal government has “the check of the Oath” on the other two branches. The States, whose officials also take the Oath of Office, have the same check on all three branches of the federal government. And “We the People”, the “original fountain of all legitimate authority” (Federalist 22), have the Right to overrule violations of the Constitution by elected and appointed officials.

    Webster’s 1828 Dictionary says for “Constitution”: “…In free states, the constitution is paramount to the statutes or laws enacted by the legislature, limiting and controlling its power; and in the United States, the legislature is created, and its powers designated, by the constitution.”
    If any Branch fails to obey the “supreme Law”, then, in order to preserve the Rule of Law, the other Branches, or failing that, the States or the people, must overrule them”.

    SECTION 6 OATHS – MODE OF ADMINISTERING. The mode of administering an oath, or affirmation, shall be such as may be most consistent with and binding upon the conscience of the person to whom such oath, or affirmation, may be administered.

    SECTION 27 TREASON, DEFINED, ETC. Treason against the state shall consist only in levying war against the state, or adhering to its enemies, or in giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or confession in open court.

    SECTION 29 CONSTITUTION MANDATORY. The provisions of this Constitution are mandatory, unless by express words they are declared to be otherwise.

    SECTION 30 RIGHTS RESERVED. The enumeration in this Constitution of certain rights shall not be construed to deny others retained by the people.

    SECTION 33 RECALL OF ELECTIVE OFFICERS. Every elective public officer of the state of Washington expect [except] judges of courts of record is subject to recall and discharge by the legal voters of the state, or of the political subdivision of the state, from which he was elected whenever a petition demanding his recall, reciting that such officer has committed some act or acts of malfeasance or misfeasance while in office, or who has violated his oath of office, stating the matters complained of, signed by the percentages of the qualified electors thereof, hereinafter provided, the percentage required to be computed from the total number of votes cast for all candidates for his said office to which he was elected at the preceding election, is filed with the officer with whom a petition for nomination, or certificate for nomination, to such office must be filed under the laws of this state, and the same officer shall call a special election as provided by the general election laws of this state, and the result determined as therein provided. [AMENDMENT 8, 1911 p 504 Section 1. Approved November, 1912.]

    SECTION 34 SAME. The legislature shall pass the necessary laws to carry out the provisions of section thirty-three (33) of this article, and to facilitate its operation and effect without delay: Provided, That the authority hereby conferred upon the legislature shall not be construed to grant to the legislature any exclusive power of lawmaking nor in any way limit the initiative and referendum powers reserved by the people. The percentages required shall be, state officers, other than judges, senators and representatives, city officers of cities of the first class, school district boards in cities of the first class; county officers of counties of the first, second and third classes, twenty-five per cent. Officers of all other political subdivisions, cities, towns, townships, precincts and school districts not herein mentioned, and state senators and representatives, thirty-five per cent. [AMENDMENT 8, 1911 p 504 Section 1. Approved November, 1912.]

    RCW 43.01.020, Oath of office.
    The governor, lieutenant governor, secretary of state, treasurer, auditor, attorney general, superintendent of public instruction, commissioner of public lands, and insurance commissioner, shall, before entering upon the duties of their respective offices, take and subscribe an oath or affirmation in substance as follows:

    “I do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution and laws of the state of Washington, and that I will faithfully discharge the duties of the office of (name of office) to the best of my ability.”

    The oath or affirmation shall be administered by one of the justices of the supreme court at the capitol. A certificate shall be affixed thereto by the person administering the oath, and the oath or affirmation so certified shall be filed in the office of the secretary of state before the officer shall be qualified to discharge any official duties: PROVIDED, That the oath of the secretary of state shall be filed in the office of the state auditor.

    ARTICLE X, MILITIA
    SECTION 1 WHO LIABLE TO MILITARY DUTY. All able-bodied male citizens of this state between the ages of eighteen (18) and forty-five (45) years except such as are exempt by laws of the United States or by the laws of this state, shall be liable to military duty.

    SECTION 2 ORGANIZATION — DISCIPLINE — OFFICERS — POWER TO CALL OUT. The legislature shall provide by law for organizing and disciplining the militia in such manner as it may deem expedient, not incompatible with the Constitution and laws of the United States. Officers of the militia shall be elected or appointed in such manner as the legislature shall from time to time direct and shall be commissioned by the governor. The governor shall have power to call forth the militia to execute the laws of the state to suppress insurrections and repel invasions.

    SECTION 3 SOLDIERS’ HOME. The legislature shall provide by law for the maintenance of a soldiers’ home for honorably discharged Union soldiers, sailors, marines and members of the state militia disabled while in the line of duty and who are bona fide citizens of the state.

    SECTION 4 PUBLIC ARMS. The legislature shall provide by law, for the protection and safe keeping of the public arms.

    SECTION 5 PRIVILEGE FROM ARREST. The militia shall, in all cases, except treason, felony and breach of the peace, be privileged from arrest during their attendance at musters and elections of officers, and in going to and returning from the same.

    SECTION 6 EXEMPTION FROM MILITARY DUTY. No person or persons, having conscientious scruples against bearing arms, shall be compelled to do militia duty in time of peace: Provided, such person or persons shall pay an equivalent for such exemption.

    SECTION 3 REMOVAL FROM OFFICE. All officers not liable to impeachment shall be subject to removal for misconduct or malfeasance in office, in such manner as may be provided by law.

    SECTION 28 OATH OF JUDGES. Every judge of the supreme court, and every judge of a superior court shall, before entering upon the duties of his office, take and subscribe an oath that he will support the Constitution of the United States and the Constitution of the State of Washington, and will faithfully and impartially discharge the duties of judge to the best of his ability, which oath shall be filed in the office of the secretary of state.

  4. 4
    csaaphill Says:

    yep better arm yoursleves and be willing to fight. im within 9 miles of the border if i have to i will go and fight with anyon willing.

  5. 5
    mike smith Says:

    @Cal, I live in east Washington St.(The Red Side). I am not a lawyer nor a LEO. As I read the WA. St. legislation that you wrote, it seems to be saying that any one that does or is doing what Sen. Dan Murray is doing is a traitor to not only the state, but the U.S. and further that he should be arrested, held, tried and convicted if found guilty. Am I on the spot so far? If so who’s responsibility is it to arrest this guy and all others that are co-writing this bill. And how would you go about getting it done? My Sheriff said on a radio program that he would uphold the constitution that he took an oath to so I wrote him thanked him and asked him to join Sheriff Macs group of constitutional LEO’S. This was about three weeks ago and I asked for a reply and so far the only reply I have gotten has been a few unmarked cars parking down the street from me. Making me a bit nervous. So I do not know if I can count on our Sheriff. Seems that so many say they are in, but when the you know what hits the fan they back out. If there is any one out there that can give me some real legal advise, I would sure appreciate it.

  6. 6
    dave Says:

    america is armed because its our constutional right ! while being armed we have nazi camps (empty), ndaa, and the govt ordering 7000 more machine guns, buying billion rounds of hollow point ammo, and now they want to be able to use drones to kill americans. i dont even want to think about what they would allow the bankesters to do to us if we were un armed! the american people have done nothing to deserve the shit storm of unemployment ,homes taken because of crooked bankers, wars that 80% dont want, food and gas prices up 50%, and dollar value striped by 60% of its worth from 2008 till now . the people running this country don’t love america they hate it!

  7. 7
    Cal Says:

    @ Mike

    Your Governor is the first person you should contact. Make sure that you notify your constitutional sheriff’s (plural) also – though it seems that yours (as least the one who was on the radio show) is not quite telling the truth if he is now having you watched after you notified him of criminal actions.

    I am not sure that he is a traitor (treason laws at bootom), but he is definately an oath breaker. THAT is a criminal and civil offense. Many law enforcement seem to ignore it, but it IS on the law books, and there are MANY precedents – usually military, one US president, multiple judges. Constitutions are legal documents defining exactly how your state is supposed to operate.

    I also am not an attorney, but that does not mean I stop until they do the right thing and require prosecution of those criminals. Try to let as many people in your area know the laws as few seem to – That seems to be the main problem. Make sure that those you sent it to requiring them to do their job and stop these criminal actions know that you have sent copies of what you sent them with their names on it to MANY others – hopefully safety in numbers. It is what I have been doing. Have a phone check, etc set up with friends so that there is always someone who knows you are safe.

    Realize that there is so much corruption and they will make your life miserable. So Good Luck if you choose to go ahead. This is a fight I did choose to do here in the MOST corrupt state in the Union, and I will not stop.

    Stay Safe and Detention Free!

    Is there a Washington branch of Oathkeepers there? If so, notify them. Let any radio, etc that will let you post know about those laws and that when you informed the sheriff – all of a sudden you were being watched. It is critical that we all know who is lying for political reasons and who is actually telling the truth.

    I apologize that I broke up the Washington Constitution in my post – too tired I guess.

    Art IV Sec 2, the 14th says, “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States”

    Treason:
    Clause 2 of Article VI of the Constitution: “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.”

    Title 18 US code section 2381 – Treason: Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason and shall suffer death, or shall be imprisoned not less than five years and fined under this title but not less than $10,000; and shall be incapable of holding any office under the United States.

    18 USC § 2382 – Misprision of treason: Whoever, owing allegiance to the United States and having knowledge of the commission of any treason against them, conceals and does not, as soon as may be, disclose and make known the same to the President or to some judge of the United States, or to the governor or to some judge or justice of a particular State, is guilty of misprision of treason and shall be fined under this title or imprisoned not more than seven years, or both.

    18 USC § 2383 – Rebellion or insurrection: Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto, shall be fined under this title or imprisoned not more than ten years, or both; and shall be incapable of holding any office under the United States.

    18 USC § 2384 – Seditious conspiracy: If two or more persons in any State or Territory, or in any place subject to the jurisdiction of the United States, CONSPIRE TO OVERTHROW, put down, or to destroy by force the Government of the United States, or to levy war against them, or to oppose by force the authority thereof, or by force to prevent, hinder, or delay the execution of any law of the United States, or by force to seize, take, or possess any property of the United States contrary to the authority thereof, they shall each be fined under this title or imprisoned not more than twenty years, or both. (UN’s Agenda 21 falls here; all who support and implement it)

    Whoever knowingly or willfully advocates, abets, advises, or teaches the duty, necessity, desirability, or propriety of overthrowing or destroying the government of the United States or the government of any State, Territory, District or Possession thereof… assassination of any officer of any such government; or

    Whoever, with intent to cause the overthrow or destruction of any such government, prints, publishes, edits, issues, circulates, sells, distributes, or publicly displays any written or printed matter advocating, advising, or teaching the duty, necessity, desirability, or propriety of overthrowing or destroying any government in the United States by force or violence, or attempts to do so; or

    Whoever organizes or helps or attempts to organize any society, group, or assembly of persons who teach, advocate, or encourage the overthrow or destruction of any such government by force or violence; or becomes or is a member of, or affiliates with, any such society, group, or assembly of persons, knowing the purposes thereof…

  8. 8
    mike smith Says:

    @ Cal, Thanks for the info Cal, Yesterday I tried to get onto the radio program, that our sheriff was on and let them know what was going on and to also to get them to have their listeners call their reps. to kill bill SB-5737. That is the bill that this article is about, and there are many more. I could not get on the show because the time ran out, but I will try again. I have also notified all of the gun shops to urge their customers to call and ask them to kill the bill. Almost all of them have the info, but a lot of them seem a little less than enthusiastic about it(LAZY). One good point the radio announcer on the show I was speaking of THE RICK RYDELL SHOW on KXLY from 10-12 am daily. said, that our phone calls to our reps were having a positive response and read an article that they were starting to rethink HB 1588, this is the bill that would cause universal back ground checks, so that is a positive note.As far as I know (and I may be wrong) there is no Oath Keeper chapter in my state, if I am wrong maybe the moderator could straighten me out and give me contact info. Thank you for you write back I can use all the help I can get.Also if their are any fellows or gals that read this from WA. st. please contact your legislators. Thank you. Geez this is getting to be one nutty world that we live in.

  9. 9
    Bilgefisher Says:

    I think Mike asked the most prudent question. We have the laws to prevent these traitors from taking action, but who will arrest them, who will hold them accountable??

  10. 10
    mike smith Says:

    @Cal,P.S. Hey Cal, since you are an attorney, I was wondering if you have a network of other like-minded ones in other states, including WA. that may be able to help, either by filing the legal beagle stuff themselves or ones that I might be able to contact for the cause.(I don’t have much$$$) so that is why I say FOR THE CAUSE) and it is certainly a worth cause.

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