Washington state enacts new gun controls

Washington state joined a handful of other states that ban anyone under 21 from buying a semi-automatic assault rifle after voters passed a sweeping firearms measure in November that has drawn a court challenge from gun-rights advocates.

Background

An assault rifle is a selective-fire rifle that uses an intermediate cartridge and a detachable magazine. Assault rifles were first used during World War II. Though Western nations were slow to accept the assault rifle concept, by the end of the 20th century they had become the standard weapon in most of the world's armies, replacing full-powered rifles and sub-machine guns in most roles. Examples include the StG 44, AK-47 and the M16 rifle.

The US has the highest estimated number of guns per capita, at 120.5 guns for every 100 people, which is 393 million firearms. The Second Amendment of the United States Constitution reads: "A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."

Debates regarding firearm availability and gun violence in the United States have been characterized by concerns about the right to bear arms, such as found in the Second Amendment to the U.S. Constitution, and the responsibility of the United States government to serve the needs of its citizens and to prevent crime and deaths. Firearms regulation supporters say that indiscriminate or unrestricted gun rights inhibit the government from fulfilling that responsibility, and causes a safety concern, as assault weapons are legal on a federal level.

Analysis

An ongoing ballot initiative in the state of Washington seeks to curb gun violence by toughening background checks for people buying assault rifles, increasing the age limit to buy those firearms and requiring the safe storage of all guns. Only the age-limit portion of the measure goes into effect on Jan. 1 2019; the rest becomes law on July 1.

Fifty-nine per cent of Washington voters approved Initiative 1639 in the Nov. 6 general election. Opponents of the new gun regulation have sued to block it.

“Starting January 2 2019, young adults between the ages of 18 to 20 will have their rights to purchase semi-automatic rifles stripped away,” said Dave Workman, a spokesman for the Bellevue, Washington-based Second Amendment Foundation. The federal lawsuit says the measure violates the Second and 14th amendments of the Constitution as well as gun sellers’ rights under the Commerce Clause. Plaintiffs in the lawsuit are firearms dealers in Spokane and Vancouver, a 19-year-old competitive shooter, a 19-year-old in the Army Reserves, a 20-year-old recreational shooter, the Second Amendment Foundation and the National Rifle Association.

In 1791, the United States adopted the Second Amendment, and in 1868 adopted the Fourteenth Amendment. The effect of those two amendments on gun politics was the subject of landmark U.S. Supreme Court decisions in 2008 and 2010, that upheld the right of individuals to possess guns for self-defence.

Washington Attorney General Bob Ferguson said he “looks forward to representing the people of the state of Washington in court against the NRA.”

The full measure, when it goes into effect later this year, will expand the background check process to ensure that vetting for rifle purchases is the same as for buying pistols.

After the enactment of this new law, people in Washington state who buy long guns are run through the FBI’s National Instant Criminal Background Check System, or NICS. Background checks for handgun sales are done by local law enforcement agencies that can access NICS as well as more detailed records that might expose mental health issues or harder-to-find criminal records. And you must be 21 to purchase a pistol.

In most states, including over the border in Idaho and Oregon, you must be 18 to buy an assault rifle. However, Republican-dominant Florida passed a law after a school shooting to increase the age limit to 21.

Nikolas Cruz was 18 when he legally bought the assault rifle, that he used to kill 17 people at the Marjory Stoneman Douglas High School in Parkland, Florida, last February. Four other states — Hawaii, Illinois, Vermont and New York — also prohibit anyone under 21 from buying all firearms.

Workman of Second Amendment Foundation says Washington’s measure will take away firearms from law-abiding residents who can easily pass multiple background checks. It will impair public safety and embolden criminals while placing restrictions on people who already legally own semi-automatic rifles, Workman said.

Assessment

Our assessment is that Washington state’s new gun control regulation will be challenged in the court on grounds of violating constitutional rights. We believe that this judgement could greatly influence the nature of gun control itself across the US. We also feel that the two previous US Supreme Court judgements will be used as legal precedents in during the deliberations.