When county sheriffs won’t enforce gun laws

Should county sheriffs enforce I-1639, the gun control initiative?

Or should those sheriffs who believe it is unconstitutional refuse to enforce the controversial measure?

The Columbia Basin Badger Club will consider this issue at its November 21 meeting at the newly re-branded Riverfront Hotel, formerly the Shilo Rivershore.

Our speakers will be Klickitat County Sheriff Bob Songer, who has refused to enforce I-1639’s provisions, and Tri-Citian Bob Hindes, a Vietnam-era Marine who owns guns but believes the law should be enforced.

I-1639, which targets the sale of semiautomatic assault weapons, was passed statewide in November 2018 by 60 percent of the state’s voters. But it was opposed by roughly 60 percent of the voters in Benton and Franklin counties, and also failed in 25 other primarily rural counties.

Since the initiative’s passage, sheriffs of at least 16 of the state’s 39 counties — most in Eastern Washington — have said they either will not enforce the law, or will partially enforce it. The stark urban-rural divide is evident in that sheriffs opposing the measure represent only 21 percent of the state’s voters, but voters who strongly rejected I-1639.

The initiative, which went fully into effect on July 1, primarily prohibits the sale or transfer, including between private parties, of semiautomatic assault weapons to anyone under 21 years old — similar to law already in effect on pistol sales.

But it’s much more broad-sweeping, also requiring enhanced background checks and training requirements to buy or transfer a semiautomatic assault rifle — with the background checks to be done and certified by the local sheriff or police chief. The law also establishes criminal liability for failure to safely secure a firearm, and requires dealers to provide safety information and offer devices for secure storage.

The initiative is being challenged in federal court in a lawsuit filed by the NRA and Second Amendment Foundation, although a decision in that case is not expected anytime soon.

Meanwhile, Gov. Jay Inslee and Attorney General Bob Ferguson have said I-1639 is considered the law until a court rules otherwise, and have said that as public officials sheriffs are sworn to uphold laws that are in effect. They have warned sheriffs they could be liable if an assault rifle falls into the wrong hands. And they have warned gun dealers that they are required by their federal firearms licenses to follow state and federal laws.

Yet sheriffs like Bob Songer maintain they will not enforce what they believe is an unconstitutional law, and say they have established “Second Amendment sanctuaries.” So whether the law is being enforced depends on which county you live in.

Who’s right? Attend our forum and judge for yourself.

This story was originally published November 17, 2019 at 10:18 AM.