No 594 prosecutions...

[ANZAC]

Because a single offense under 594 (RCW 9.41.113) is a misdemeanor, the police cannot arrest you unless:

- they witness you sell or transfer a gun without getting a background check (mere possession wouldn't prove that a transfer took place)
- there was some kind of sting operation (which they were recording and witnessing)
- a warrant is issued (i.e. they take evidence to a judge)
- you had previously been found guilty of violating 9.41.113 (therefore a class C felony)

See RCW 10.31.100
http://apps.leg.wa.gov/rcw/default.aspx?cite=10.31.100

"A police officer having probable cause to believe that a person has committed or is committing a felony shall have the authority to arrest the person without a warrant. A police officer may arrest a person without a warrant for committing a misdemeanor or gross misdemeanor only when the offense is committed in the presence of an officer, except as provided in subsections (1) through (11) of this section."

The drafters of 594 forgot to include an exception for RCW 9.41.113. (there are other firearm exceptions in 10.31.100)

[CurtisLemansky]

So you're telling us all this bullshit was for nothing, right?


Sent from my UAV using Disposition Matrix 2.0

[ANZAC]

So you're telling us all this bullshit was for nothing, right?

So... there seem to be quite a few sellers complying. Hopefully that makes it harder for bad guys to get a gun. We all know it won't make it impossible.

Also highlighting another area where the initiative wasn't completely thought out, and perhaps explaining why exemplar prosecutions are in short supply for the SAF court case.

The trespassing discussion got me thinking about this. I didn't know about Washington's "misdemeanor presence" law until a deputy told me about it.

[cmica]

So you're telling us all this bullshit was for nothing, right?

So... there seem to be quite a few sellers complying. Hopefully that makes it harder for bad guys to get a gun. We all know it won't make it impossible.

Also highlighting another area where the initiative wasn't completely thought out, and perhaps explaining why exemplar prosecutions are in short supply for the SAF court case.

The trespassing discussion got me thinking about this. I didn't know about Washington's "misdemeanor presence" law until a deputy told me about it.

ya cuz they're scared to be the first to contest.


hopefully that makes it harder for bad guys

[Sparky D]

hopefully that makes it harder for bad guys

Yeah, I'm sure they're loosing sleep over that...

[joao01]

let's just do away with cars and buses. That will make it harder for criminals to commute and do crimes.

[CurtisLemansky]

So much for bad guys ratting each other out, eh ANZAC? We all know PD doesn't have the resources to sting the people this law was meant to catch (Internet arranged parking lot meets without a UBC). So really this bullshit was all for nothing because the law will not be enforced... not once... unless someone is committing worse crimes warranting the PD resources and thus doing stuff that was already illegal.


Sent from my UAV using Disposition Matrix 2.0

[Benja455]

*Sigh...*

[mislabeled]

Interesting. It seems that cops get screwed twice in all of this. Many of them oppose (or at least see no useful purpose in) BGCs, but now who's going to be willing to conduct a private sale with a cop? They may be happy to ignore 594 like the rest of the populace appears to be doing, but finding a buy/sell partner who will take that risk is going to be tougher and tougher. And, given that their work hours are often irregular, cops are even more hamstrung by the need to find an FFL that is both nearby and open when they want to buy or sell.

Bloomy and his band of twatwaffles may have actually ushered in an era where a cop must strive to convince someone they aren't LE not because they want to catch that person doing something illegal, but simply because they want to exercise their rights.

Interesting.

[Sinus211]

The police won't enforce it. So it's just another gun control reform that only puts an undue hardship on law abiding citizens while doing nothing to stop criminals? You don't say.

[pdrake]

The police won't enforce it. So it's just another gun control reform that only puts an undue hardship on law abiding citizens while doing nothing to stop criminals? You don't say.

That pretty much sums up my opinion, too.

[Col_Temp]

The police won't enforce it. So it's just another gun control reform that only puts an undue hardship on law abiding citizens while doing nothing to stop criminals? You don't say.

That pretty much sums up my opinion, too.

[ANZAC]

So really this bullshit was all for nothing because the law will not be enforced... not once... unless someone is committing worse crimes warranting the PD resources and thus doing stuff that was already illegal.

I think I ventured that opinion once before. Which is why amending RCW 9.41.080 would have been a better solution.

[deadshot2]

So... there seem to be quite a few sellers complying. Hopefully that makes it harder for bad guys to get a gun. We all know it won't make it impossible.

For the BAD GUYS, it won't even be a speed bump. Just read the news articles that have come out "post I-594" and in almost all of them, a prohibited person caught with a firearm had one that was previously stolen. There are enough guns in the black market to supply criminals for the next century (or more).

[hkcavalier]

So... there seem to be quite a few sellers complying. Hopefully that makes it harder for bad guys to get a gun. We all know it won't make it impossible.

For the BAD GUYS, it won't even be a speed bump. Just read the news articles that have come out "post I-594" and in almost all of them, a prohibited person caught with a firearm had one that was previously stolen. There are enough guns in the black market to supply criminals for the next century (or more).

Exactly. I love those pics from the UK where they've recovered some weapons, normally a table of beat up sawn off shotguns and a few handguns, then they call it a major haul. There are smalltime gangs in the US that have dozens of stolen or straw-bought guns.

Reminds me of that gangbanger Reddit thread. http://www.reddit.com/r/guns/comments/2 ... on_street/