Behind The Line Podcast

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Well, the Washington legislature begins its 2025 session on January 13th and there’s all kinds of pre-filed bills.

Several firearms bills really bad.

Today I’m going to talk about House Bill 1163.

This is an act relating to enhancing requirements relating to the purchase transfer and possession of firearms by requiring a permit to purchase firearms, specifying requirements and standards for firearms safety training programs and issuance of concealed pistol licenses, specifying circumstances where a firearm transfer may be delayed, requiring record keeping for all firearm transfers and establishing reporting requirements regarding permits to purchase firearms and concealed pistol licenses.

This bill is 39 pages.

That tells you right off the bat most bills are 3 to 5 pages.

This thing is just full of garbage. So I’m going to go through some of the changes because this is was an existing bill they’re trying to add to of RCW 941090. And uh I’m just going to talk about some of the uh terrible changes. In section one, no dealer may deliver a firearm to the purchaser or transferee thereof until the purchaser or transferee produces a valid permit to purchase firearms under section two of this act. Uh also in section one, in determining whether the purchaser or transferee is eligible to possess a firearm, the Washington State Patrol Firearms Background Check Program shall check with the National Instant Criminal Background Check System provided for by the Brady Handgun Violence Prevention Act, the Washington State Patrol electronic database, the health care authority electronic database, the administrative office of the courts, LexisNexis and with other agencies or resources as appropriate to determine whether the applicant is ineligible under the RCW. In any case where the applicant has an outstanding warrant for his or her arrest from any court of competent jurisdiction for a felony or misdemeanor, the Washington State Patrol Firearms Background Check Program shall advise the dealer that the delivery of the firearm is delayed. The Washington State Patrol Firearms Background Check Program shall confirm the existence of outstanding warrants after notification of the applicant application to purchase a firearm is received. Upon confirming that the warrant is valid, the Washington State Patrol Firearms Background Check Program will advise the dealer that transfer of the firearm is denied. That’s right.

If you have a misdemeanor warrant, you are denied being able to purchase a firearm. Since when can somebody who is not a criminal, because just because you have a warrant does not mean you’re a criminal, you could have missed traffic court and got a warrant.

Since when is that a reason to deny your Second Amendment rights? Felony convictions are the reason to deny Second Amendment rights.

Not misdemeanors, not warrants, not pending charges, which we’ll get to in the next part.

Open criminal charges, pending criminal proceedings.

You haven’t been convicted of anything yet and you’re already denied the ability to purchase a firearm.

If that is not a clear violation of your Second Amendment right, I don’t know what is.

You have the right to a trial and to be found guilty. The presumption is that you are innocent. That is supposed to be the presumption of law. According to this, it’s a presumption of guilt until you prove your innocent and can purchase a firearm or have a license to purchase a firearm like they would like to have. A signed application for a permit to purchase firearms shall constitute a waiver of confidentiality and written request that courts, the healthcare authority, mental health institutions and other healthcare facilities release information relevant to the applicant’s eligibility for a permit to purchase firearms to an inquiring court or the Washington State Patrol Firearms Background Check Program. So now you have a whole bunch of people a bunch of groups who get to decide if you have the right to purchase. Where in the Second Amendment does it say that groups of government officials, healthcare authority, mental health institutions, other healthcare facilities where does it say that they have the right to decide if you have the right to buy a firearm. If you were on bond or personal recognizance pending trial, appeal or sentencing for a felony offense or have an outstanding warrant for his or her arrest from any competent court for a felony or misdemeanor or has failed to produce a certificate of completion of a certified firearms safety program within the last 5 years or proof that the applicant is exempt from the training requirement, they can deny your ability to purchase a firearm.

Again, misdemeanors, again, you’re out on bail. You’re not convicted. You’re charged.

What if it gets dismissed?

Why is your right limited just because you are charged?

How many cases go to court where they’re charged and charges change or get dismissed?

This is completely wrong, a complete violation of your Second Amendment.

The Washington State Patrol Firearms Background Check Program shall develop procedures to verify on an annual basis that persons who have been issued a permit to purchase firearms remain eligible to possess firearms under state and federal law and continue to meet other firearm eligibility requirements. If a person is determined to be ineligible, the Washington State Patrol Firearms Background Check Program shall revoke the permit under subsection 14 of this section and provide notification of the revocation and relevant information to the chief of police or the sheriff of the jurisdiction in which the permit holder resides so that local law enforcement may take steps to ensure the permit holder is not illegally in possession of firearms.

What does that mean?

That means they’re coming to your house to collect your guns. So if you miss traffic court and get a warrant, you can expect and you have one of these permits, you can expect that the law enforcement of whatever jurisdiction you live in is going to show up at your house and take your guns. This is also essentially creating a list obviously of firearms owners to make it easier for them to come take your stuff.

And they’re coming up with all kinds of reasons.

Mental health, healthcare facilities is refusal to get a vaccine going to be a reason for the healthcare facility to deny your right to have a gun?

Could be.

Who knows? Who knows in this state?

A permit to purchase firearms is valid for a period of 5 years. A person may renew a permit to purchase firearms by applying for renewal in accordance with the requirements of this section within 90 days before or after the expiration date of a permit. A renewed permit to purchase firearms takes effect on the expiration date of the prior permit to purchase firearms and is valid for a period of 5 years. The state patrol firearms background check program may charge permit application fees which will cover as nearly as practicable the direct and indirect costs to the state patrol incurred in creating and administering the permit to purchase firearms program. The Washington State Patrol Firearms Background Check Program shall establish a late penalty fee for late renewal of a permit to purchase firearms. The Washington State Patrol Firearms Background Check Program shall transmit the fees collected to the state treasurer for deposit in the state firearms background check system account. In addition to the permit application fee, an applicant for a permit to purchase firearms must pay the fingerprint processing fee under RCW 4343742.

So, of course, a bunch of new fees.

This also where does it say that you’re required to pay fees to purchase a gun? You’re already paying for the gun.

If a permit application is denied or a permit is revoked, a person aggrieved by the denial or revocation is entitled to seek review of the denial or revocation in superior court under section 12 of this act. Not later than 1 year after the effective date of this section and annually thereafter, the State Patrol Firearms Background Check Program shall submit to the state legislature a report that includes all the following information, yada yada. All the people they took guns from, all the people that applied, all the people that got revoked, blah blah blah blah blah.

See how many guns they got to take away from everybody.

Also, as I stated earlier, this this uh bill has to do with the licensing requirements which is take firearms safety course, which currently is online and it’s a joke. Now it will include instruction on the same things, firearm storage, basic safety, suicide prevention, state and federal firearm laws, state laws pertaining to the use of deadly force for self-defense, techniques for avoiding criminal attack and how to manage a violent confrontation including conflict resolution and live fire training exercises on a firing range that include a demonstration by the applicant of the safe handling of and shooting proficiency with firearms. The training must be sponsored by a federal state, county or municipal law enforcement agency, a college or university, a nationally recognized organization that customarily offers firearms training or a firearms training school with instructors certified by a nationally recognized organization that customarily offers firearms training. The training may include stories provided by individuals with lived experience in the topics listed in subsection 1A through G of this section or an understanding of the legal and social impacts of discharging a firearm.

Okay.

Law enforcement, former law enforcement, special commissioned officers and military personnel, current active duty and National Guard members are exempt from the firearms training portion of this. The state patrol will also establish a program to provide certifications for firearms safety training programs that meet the requirements of the RCW and to require certified firearms safety programs to apply for recertification every 5 years. They say the money collected from these fees can only be used for the creation, operation and maintenance of the automated firearms background check system under the RCW and for costs incurred in administering the permit to purchase firearms program under section two of this act.

Well, this sounds like a major undertaking and it’s going to be expensive. This is asking a lot of the state patrol to spend this much time on licensing people for firearms, checking up on people with firearms, revoking, renewing, all this garbage. Like State Patrol has a job to do and it’s not this.

If you’re found incompetent sans trial, guess what?

Your rights are revoked.

And if you’re found incompetent, you can’t even petition the court for restoration of the right to possess a firearm unless you meet the requirements for the restoration of the right to possess a firearm under 941041, which I’m not going to read, which you can look up.

These same rules are going to apply to concealed pistol licenses now in this RCW as well.

If you’re on bail, if you’re out on a bond or personal recognizance pending trial, appeal or sentencing for a felony offense or you have an outstanding warrant for your arrest for a felony or misdemeanor, then you will be ordered to forfeit your firearms. You will have your license revoked for a misdemeanor, for not even being convicted of anything.

I’m going to keep This is just This blows my mind that the Democrats would do this. And you know who this is going to hurt really the most is black and brown people who have more warrants, you know, typically, that’s this is what the data says. I’m not being, you know, this is what the data says. This is what the Democrats say. And yet this law is going to target people with warrants who haven’t even been convicted.

It seems very unfair because it is.

The training for a concealed pistol license is going to be the same as the license to purchase.

You have to shoot at a range with a minimum of 50 rounds of ammunition. Now, they did lower the cost of the CPO to $35 in this. And they go through where the money gets divided up and all the people that get a piece of it, but that isn’t the point.

All this licensing is a violation of your rights.

You are not required to have a license to purchase a firearm.

Also, if you have an extreme risk protection order or other other than an ex parte temporary protection order, they can come take your guns. They can revoke your license and come take your guns. And if you’re a CPL holder and your your pistol is listed on your CPO, once they revoke your license, you have 14 days to lawfully transfer ownership of any pistol that you acquired while you had that license or they’re going to come take them or you’re going to be charged with a crime.

The problem with these protection orders is and I am speaking from a law enforcement per former law enforcement perspective, there are many times that one spouse or the other will go get an order and make all kinds of claims that aren’t true and the court issues the order. And how is that going to affect these people who have weapons? I know people personally who have gone through this.

Had to turn in all their guns because the spouse made false claims and an order was issued and law enforcement came and collected the guns.

This is just making it much easier for them to keep track of everybody and manage everybody that has a gun.

If your license is ordered to forfeit, law enforcement on the first forfeiture will revoke your license for 1 year. On the second forfeiture, they’ll revoke it for 2 years. And on the third or subsequent forfeiture, they will revoke the license for 5 years. And you cannot reapply for a new license until the end of the revocation period. So, again, if you miss court once or twice for a traffic ticket, which, you know, you shouldn’t anyway, but it happens all the time.

Lots of people have warrants they don’t even know about, then they’re going to take your right away to own a gun for a misdemeanor.

I mean, who is okay with this?

Section 11 is one of my favorites.

The state local government entities, any public or private agency and the employees of any state or local government entity or public or private agency acting in good faith are immune from liability for failure to prevent the sale or transfer of a firearm to a person whose receipt or possession of a firearm is unlawful, for preventing the sale or transfer of a firearm to a person who may be lawfully who may lawfully receive or possess a firearm. For issuing a permit to purchase firearms, CPO or alien firearm license to a person ineligible, for failing to issue a permit to purchase firearms to those people, for revoking or failing to revoke an issued permit to purchase firearms, CPL or alien firearm license, for errors in preparing or transmitting information as part of determining a person’s eligibility to receive or possess a firearm or eligibility for a permit to purchase concealed pistol license or alien firearm license, for issuing a dealer’s license to a person ineligible, for failing to issue a dealer’s license to a person who is eligible. Directing an issuing agency to issue an alien license
wrongfully refused, directing that erroneous information resulting either in the wrongful refusal to issue a permit to purchase firearms, concealed pistol license, or alien firearm license, or in the wrongful denial of a purchase application for a firearm to be corrected, or directing a law enforcement agency to approve a dealer’s license that was wrongfully denied.

So, basically, if they make any mistake in this process and you are denied your right for a firearm, they’re immune. If they come take your guns out of your house, oh, on accident because they made a mistake, they’re immune. Of course, they’re immune. They pass a law like this, and then they completely protect themselves from anything, any responsibility or accountability if a mistake is made.

If you’re denied, you have the right to appeal by petition to the superior court having jurisdiction over the county or municipality where you live. The petition must be made within 30 days of the denial of the permit application or application to purchase firearms, and a copy must be delivered to the Washington State Patrol Firearms Background Check Program. The superior court must hold a hearing at the earliest practicable date and no later than 30 days following the filing of the petition for review.

A filing fee is not required to obtain a hearing under this section.

The matter must be heard de novo without a jury, and the court must conclude written findings of facts and conclusions of law in its ruling.

Same thing if your CPL is denied.

So, not only are you throwing a huge burden on State Patrol with this law, you are also throwing a huge burden on superior courts in the counties around the state that are already overburdened, have a huge caseload they can’t even keep up with, you know, and then telling them they got to do it within 30 days, which, you know, they should because it should be resolved quickly if it was a mistake, but you’re just asking too much.

This is too much. This is too This is a huge overreach of government, just a huge conglomerate of junk. Section 151, which was already in this law, but I had never seen this.

It shall be unlawful for any person to carry, exhibit, display, or draw any firearm, dagger, sword, knife, or other cutting or stabbing instrument, club, or any other weapon apparently capable of producing bodily harm in a manner, under circumstances, and at a time and place that either manifests an intent to intimidate another, or that warrants alarm for the safety of other persons.

Warrants alarm.

Well, that is pretty questionable. That is That will vary greatly on where you’re at, who you’re around, what kind of people they are, what their beliefs are. That is insane that that is that broad, warrants alarm.

You could have a knife and get arrested for a gross misdemeanor, which would also cause you to lose your your license to purchase.

There are just too many ways in this law that they can figure out a way to stop you from legally buying firearms.

Why aren’t they concentrating on the criminals and criminal activity? This is the This is the ongoing issue with the Democrats.

It’s always after the law-abiding people, making it more difficult for them to do anything to purchase firearms, to have a concealed pistol license, and then trying to figure out every way imaginable they can take it away from you if you’re being charged with something. If you’re pending criminal charges, if you you’re out on bond, if you have a misdemeanor warrant, it’s just insane to me that politicians are okay with this who swore to uphold the Constitution of the United States, shall not infringe. What part of that don’t you understand?

This law would take effect on November 26th if it passes.

Pray to God it doesn’t.

Contact your legislature, uh, your legislators, sign up to testify or at least mark Go on there when this thing hits the floor and mark that you don’t agree with it. Get your voice heard, even by the Democrats, because it does matter.

If enough people make a stink, they will listen.

They don’t want to get voted out of office. They don’t want to piss too many people off.

It It does matter.

Like I said, this is just one of a number of anti-Second Amendment bills that they’re trying to pass in this session that are already pre-filed, and I’ll go into those later, but this one is terrible, clear violation of the Second Amendment, clearly. All right, that’s all I got this time.

Keep your head on a swivel, be safe out there.

Stay strapped.

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