State attorney general spells out law to sheriffs

Washington Attorney General Bob Ferguson warned sheriffs and other law enforcement officers Tuesday that they are required to enforce a gun control law passed by voters last November.

Sheriffs in four local counties cite Second Amendment concerns about enforcing Initiative 1639, as do law enforcement officials in more than half the state’s 39 counties.

I-1639, which took effect on Jan. 1, raises the age limit for buying semi-automatic rifles from 18 to 21. Beginning July 1, it requires purchasers to pass an enhanced background check, show proof of firearms training, and wait 10 days before getting the gun.

The new law also makes gun owners guilty of “community endangerment” if their gun is not properly stored and is accessible by a child or by anyone who then uses the gun in a crime.

The law passed in November with the support of 60 percent of Washington voters, but the sheriffs of Grant and Lincoln counties both released statements about refusing to enforce the law, while the statements from Douglas and Okanogan county sheriffs were more ambiguous.

One of the main arguments against the law is that it violates the Second Amendment to the US Constitution.

“Like all laws passed by the people of Washington and their representatives, Initiative 1639 is presumed constitutional,” Ferguson wrote in his Feb. 12 letter. “No court has ruled that this initiative is unconstitutional.”

“I am confident we will defeat any constitutional challenge to Initiative 1639,” Ferguson continued. “Local law enforcement officials are entitled to their opinions about the constitutionality of any law, but those personal views do not absolve us of our duty to enforce Washington laws and protect the public.”

Ferguson noted his own objections to the death penalty and that he continued to defend the state’s use of it until the state Supreme Court ruled against it last year.

“I did this out of respect for the rule of law,” he said.

Ferguson focused on one aspect of the law that failure to enforce could put taxpayers at financial risk.

“Local law enforcement has been performing enhanced background checks for all handgun purchases in Washington state for many years,” Ferguson wrote. “These enhanced background checks keep guns out of the hands of dangerous individuals who lawfully cannot own firearms because of a mental illness or criminal record. As far as I know, no Washington sheriff or police chief has refused to perform these enhanced background checks for handguns. Why refuse to perform them for semiautomatic assault rifles?”

Ferguson asserted that “in the event a police chief or sheriff refuses to perform the background check required by Initiative 1639, they could be held liable if there is a sale or transfer of a firearm to a dangerous individual prohibited from possessing a firearm and that individual uses that firearm to do harm. In short, the taxpayers of your city or county assume the financial risk of your decision to impose your personal views over the law.”

“No action by a city council or county commission can change this state law or the responsibilities and duties that the law vests in Washington’s law enforcement agencies,” the letter says. “If you personally disagree with Initiative 1639, seek to change it. Or file a lawsuit challenging it. But do not substitute your personal views over that of the people. As public officers, our duty is to abide by the will of the people we serve, and implement and enforce the laws they adopt. I encourage you to do so.”

One week after the general election, the National Rifle Association and the Second Amendment Foundation filed a joint lawsuit against Washington state and Ferguson. The two organizations claim that the initiative violates the U.S. and Washington state constitutions.