Landmark Supreme Court ruling on guns not expected to affect Washington state much
AP
A Model 83, top, and Model 97 revolver manufactured by Freedom Arms in Freedom, Wyo. -- Photo from The Associated Press
By Brian Gawley, Peninsula Daily News
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"Washington has been one of the better states regarding gun laws," said Don Carey, owner of Blue Mountain Gun Works at 10 Erving Jacobs Road, east of Port Angeles.
"Our state constitution is really very strong in protecting gun rights.
Kristen Comer, executive director of gun-control group Washington CeaseFire, said the decision will likely be unnoticeable in Washington state.
"I don't think any of our gun laws are in danger," she said.
Washington is a "shall issue" state, in which almost all non-felons have a right to carry a gun with a license, as long as they are over the age of 21 and meet a list of state requirements.
The court's 5-4 ruling struck down the District of Columbia's 32-year-old ban on handguns as incompatible with gun rights under the Second Amendment.
The primary issue before the justices was if the Second Amendment, ratified in 1791, protects an individual's right to own guns, even when a state militia no longer exists.
The amendment 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."
Question of safety?
"I've always thought interpretation of the Second Amendment was wrong," said Dianne Diamond of Port Townsend, a 65-year-old retiree who is active in the Port Townsend Peace Movement.
"It talks about a militia and its right to bear arms — that's been really misinterpreted over the years.
"The militia has the right to bear arms, and the last time I looked, there wasn't too many of us in the militia."
"I don't feel safer knowing there are people with guns in their homes."
Clallam County Sheriff Bill Benedict disagreed.
"Our state has one of the lowest rates of homicide and handgun violence," he said.
"Personally, I think there seems to be a correlation between states with less restrictive gun laws and those with lower crime rates."
The ruling will have "virtually no impact on how Washington does business," Benedict said.
"Washington interprets the Second Amendment as an individual right."
Benedict said the Washington, D.C., handgun ban that the Supreme Court struck down in its ruling, essentially said that people have no right to defend themselves in their homes.
"The D.C. police are saying, we'll defend you in your house," he said.
"We in Washington don't want law enforcement to be responsible for individual safety versus collective safety."
Can't restrict ownership
Jefferson County Undersheriff Tony Hernandez also said Thursday's ruling won't affect gun laws in Washington state.
"I don't ever think you're going to be able to restrict gun ownership," he said.
"Jefferson County is a rural county, so there's a lot of people here who like the right to carry a firearm."
Carey said that the state's "preemption act" makes the state the arbiter of gun laws, which prohibits counties and cities from passing laws more restrictive than those of the state.
In 1983, the Washington state legislature approved state preemption, which gave the state the right to regulate virtually all aspects of firearms including registration, licensing, possession, purchase, sale, acquisition, transfer, discharge, and transportation of firearms, including ammunition and reloader components.
The intent was to preclude a situation where a person who owned a gun traveled to a city or county where guns were not allowed.
State Sen. Pam Roach, R-Auburn, a gun-rights advocate, said that the ruling will only protect state law.
"It sends a message that we have a right to keep and bear arms," she said.
Joe D'Amico, president of Gardiner-based Security Services Northwest, also cited the state's preemption act, and said Thursday's decision shouldn't have much effect in the state.
"This state actually is a good state to be a gun owner," he said.
D'Amico said that the decision reinforces why the election of judges is important, especially given Seattle Mayor Greg Nickels' executive order tighten gun restrictions on city property after two bystanders were injured at a May festival at Seattle Center.
"That will be challenged," D'Amico said.
"That's why it's important to look at who the judges are, and cast your vote for those who follow the law.
"It was a great day to wake up and see that decision come down, and know there are people in high places who still have high regard for the Constitution."
Measures failed
In recent years, several measures to restrict guns in Washington state have failed, including one designed to prevent the unregulated sale of handguns at gun shows.
During this year's Legislature, another measure that would ban weapons at colleges that host high school students did not pass.
A countermeasure, aimed at prohibiting universities from banning concealed weapons, also failed.
In Seattle, Nickels said he has no plans to turn back in light of the ruling.
"We're going to continue to go down this path," he said.
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Reporter Brian Gawley can be reached at 360-417-3532 or brian.gawley@peninsuladailynews.com.
The Associated Press contributed to this report.
Last modified: June 26. 2008 9:00PM