PORT ANGELES — Gun store owners who live in counties where sheriffs have said they will not enforce Initiative 1639 were warned Thursday by Gov. Jay Inslee and state Attorney General Bob Ferguson to not sell semiautomatic assault rifles to buyers under 21, a provision that went into effect Jan. 1.
The rest of the provisions of the initiative go into effect in July.
Gun dealers on the North Olympic Peninsula uniformly criticized the initiative Thursday but for the most part are following its restrictions.
They were not among the recipients of Inslee’s and Ferguson’s letter, Brionna Aho of the state Attorney General’s Office said in an email.
Clallam County Sheriff Bill Benedict has said he will take a wait-and-see attitude toward provisions of provisions of I-1639 that go into effect in July.
He has said that looks forward to a court ruling on the constitutionality of the provisions of I-1639 that come into effect in July.
On Thursday, he said he will enforce the ban on semiautomatic-assault-rifle buyers under 21.
“I’ve never said I wouldn’t enforce that part of the law,” he said.
“My duty is to enforce all laws.”
Age requirements in the legislation went into effect Jan. 1.
People under 21 cannot purchase pistols.
People between 18-21 can possess pistols and semiautomatic assault rifles under certain conditions.
The initiative defines semiautomatic assault rifles as follows:
“Any rifle which utilizes a portion of the energy of a firing cartridge to extract the fired cartridge case and chamber the next round, and which requires a separate pull of the trigger to fire each cartridge.
“’Semiautomatic assault rifle’ does not include antique firearms, any firearm that has been made permanently inoperable, or any firearm that is manually operated by bolt, pump, lever, or slide action.”
The rest of the law goes into effect July 1, including enhanced background checks and requirements for safe storage of firearms or trigger locks.
Gun owners are liable under the law if a weapon not safely stored is used in the commission of a crime and if the weapon was not reported as stolen.
Inslee and Ferguson sent letters to 262 firearms dealers in counties where “certain officials have said they will not enforce Initiative 1639 because they believe it’s unconstitutional,” according to the letter.
The counties were Grays Harbor, Adams, Benton, Columbia, Cowlitz, Ferry, Franklin, Garfield, Grant, Klickitat, Lincoln, Mason, Okanogan, Pacific, Stevens, Wahkiakum andYakima.
According to a press release from Ferguson’s office announcing the letter, “Despite what some of these sheriffs would have people believe, no one has the ability to pick and choose which laws to follow.”
The attorney general and governor warned the proprietors that they “are still required to follow state law” despite the personal views of law enforcement officials in their counties.
“A law is in effect until a court declares it unconstitutional,” they said.
“We want to prevent you and your business from finding yourself in legal jeopardy.”
Jefferson County Sheriff Joe Nole has said he will enforce the law.”
The National Rifle Association and the Second Amendment Foundation have filed a federal lawsuit challenging the initiative.
Gun dealers in Clallam and Jefferson counties questioned the law’s constitutionality, and some said they believed it does not go into effect until July 1.
Joe D’Amico, a Port Townsend native who owns Sequim-based Security Services Northwest Inc., said he would likely not sell a weapon with the sales restriction to someone under 21 “just because it’s a gray area.”
Seth Larson — the owner of FREDS Guns, an acronym for Firearms Rescue Emergency Disaster Supply in Sequim — said he will sell a semiautomatic assault rifle to buyers 18, 19, or 20 if the person is an active military service member.
“We back our service members,” Larson said, stressing he would not deny them their 2nd Amendment rights.
“Servicemen, that’s where I draw the line.
“Everything else needs to be settled in court.”
Branden Wixson, manager at the Big 5 Sporting Goods chain store in Sequim, said he’s been complying with the law since December and does not sell many semiautomatic assault rifles.
Kingfisher Armory owner Todd Oberlander of Port Hadlock said the initiative was poorly written.
“It is ambiguous, but I am following what the state guidelines are,” he said.
Kevin Jones, owner of Jones Arms in Sequim, would not comment on whether he will comply with I-1639.
“We want to make sure if they say it’s the law, that it is,” he said of the letter.
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Senior Staff Writer Paul Gottlieb can be reached at 360-452-2345, ext. 55650, or at pgottlieb@peninsuladailynews.com.
