Recently introduced firearm legislation in Washington State raises concerns for its implications for public safety and small firearm businesses. As a resident of Washington and an individual employed in firearm retail, I believe there are more judicious and balanced approaches to enhancing public safety without imposing undue burdens on law-abiding citizens and small businesses or violating citizens' 2nd, 5th, and 14th Amendment rights. Additionally, I firmly believe that mental health should be at the forefront of addressing this crisis.

 

A significant portion (75%) of gun violence fatalities in Washington result from suicide, yet recent public safety legislation does little to address this majority. Current mental health background checks are limited to involuntary commitments, thereby omitting many individuals with mental health concerns who have not undergone such commitments. Moreover, the six-month revocation period for firearm rights following voluntary commitment is insufficient to ensure long-term safety.

 

It is important to note that only 1% of gun violence in Washington involves mass shootings. Despite this, legislation such as SB5078, effective July 1, 2022, and HB1240, effective April 25, 2023, which prohibit the sale, manufacture, importation, and distribution of various firearms and components, fail to address the majority of gun violence incidents. Furthermore, SB5078 and HB1240 also fail to address the majority of mass shooting incidents.

 

Out of the five mass shootings that have taken place in Washington over the past 15 years, only two incidents involved a centerfire semi-automatic rifle with the ability to accept a high-capacity magazine. Notably, these two incidents resulted in fewer casualties compared to previous incidents involving standard handguns. Moreover, two out of five of these mass shootings were perpetrated by individuals who did not meet the legal age requirement for purchasing or possessing the firearms involved. Two other perpetrators, although meeting the age requirement for purchasing, were also found to be unlawfully possessing the firearms involved.

• Ian Lee Stawicki, the perpetrator of the 2012 Seattle café shooting, had previous domestic violence charges restricting his right to legally purchase or possess a firearm.
• Maurice Clemmons, the perpetrator of the 2009 Lakewood shooting, had many previous firearm-related charges, including underage possession of a pistol and theft of a firearm.
• Allen Christopher Ivanov, the perpetrator of the 2016 Mukilteo shooting, legally owned his centerfire semi-automatic rifle, but ownership of that rifle took place before the age requirement to purchase handguns and semi-automatic rifles was rightfully changed from 18 to 21 years of age.

Most mass shootings are committed by individuals who illegally obtain firearms, not those who undergo the legal processes. Most injuries and deaths by firearm during mass shooting incidents are due to illegally obtained handguns, rather than the firearms and components banned in HB5078 and HB1240.

 

The initiation and passage of SB5078, HB1240, and HB2118, one after the other, have negligently caused the collapse of the firearm industry in Washington. Not only did HB1240 ban items that allowed firearm retailers to make a steady profit, but it also prohibited many services these businesses offer, including gunsmithing, loan services, and private transfer services. Although HB1240 provided a 90-day grace period for Federal Firearm Licensees (FFLs) to liquidate their inventory out of state, this applied only to inventory acquired before January 1, 2023—three months before the legislation was enacted. As a result, many gun shops were left with a surplus of inventory they were prohibited from liquidating out of state. This violates the Commerce Clause as well as the 5th Amendment and the Due Process Clause of the 14th Amendment.

 

Moreover, HB2118, effective January 1, 2024, mandates Federal Firearm Licensees (FFLs) to adhere to costly security updates. This requirement poses nearly insurmountable ethical dilemmas and financial compliance challenges for many FFLs, imposing substantial financial burdens and potentially jeopardizing the viability of smaller FFL businesses. Nearly every FFL in Chelan and Douglas Counties has unfortunately been forced to discontinue their license due to the financial impossibility of complying with HB2118.

 

Additionally, HB1504, recently introduced in the House, imposes a financial burden on law-abiding citizens, making it harder for them to legally own firearms. This disproportionately impacts lower-income residents, effectively creating a system where only the wealthy can afford to comply with the law. According to the U.S. Census Bureau, the median household income in Washington is approximately $83,655 per year. Given that the minimum cost to insure only one firearm would be $25,000—just over one-third of the median household income—a substantial portion of the population would struggle to meet this requirement. This means that a majority of residents would be unable to afford their right to self-defense, effectively criminalizing them for noncompliance with the new financial responsibility requirements. Not only would this law turn law-abiding citizens into criminals, but it would also destroy the firearm industry as we know it, given their clientele would shrink to only those who can afford the insurance to purchase a firearm. Furthermore, it would be unreasonable to mandate that every firearm owner pay such a substantial amount for insurance, especially given the low likelihood of an incident occurring that would necessitate the use of that insurance. Fortunately, our justice system already provides mechanisms for victims and their families to seek financial compensation in the event of such incidents. 

 

House Bill 1386, introduced on January 20, 2025, proposes a new tax on firearms, firearm parts, and ammunition. This bill is currently pending in the House Committee on Finance and has not yet been passed into law. The proposed tax would further exacerbate the financial inaccessibility of the right to defend oneself and pose a significant threat to the survival of many small Federal Firearms Licensees (FFLs). The cumulative effect of these taxes could lead to the collapse of numerous small businesses, further limiting access to firearms and ammunition for law-abiding citizens.

 

To address these issues, I propose the following solutions, not as additions, but as replacements for recent firearm legislation:

Enhance Background Checks: Implement more stringent background checks for all firearm transfers, including gifts and inherited items, to ensure that all firearm owners are thoroughly vetted, regardless of whether they are part of a trust. Currently, it is legal in Washington State to gift firearms to immediate family members without undergoing the legal background check process. This loophole allows behind-the-scenes transferring of firearms, potentially enabling individuals to illegally obtain firearms.

Improve Training, Procedures, and Enforcement to Prevent Straw Purchasing: Instead of the costly audio recording and storing mandate from HB2118, I propose that the state provide enhanced training for FFLs to identify and prevent straw purchases, along with more rigorous enforcement of existing penalties for those who knowingly engage in such activities. In the alcohol industry, retailers prohibit the sale of alcohol if the purchaser is accompanied by an underage individual. Similarly, FFLs should adopt the same procedure to prevent underage straw purchasing. Additionally, we can implement a mandatory disclosure requirement, where all individuals present during a firearm purchase must disclose their identity and undergo a separate “related party” background check. If the background check of an accompanying individual raises any flags, law enforcement can investigate the possibility of a straw purchase. 

Ghost Gun Serialization Compliance: Make serialization more accessible to the public and provide a grace period for individuals who already own unserialized ghost guns to comply without facing penalties.

Promote Safe Storage Laws: Advocate for safe storage laws requiring firearm owners to securely store their weapons when not in use to prevent accidental shootings and unauthorized access.

Support, Advocate, and Enforce Red Flag Laws: Bolster and properly enforce "red flag" laws, allowing law enforcement or family members to petition for the temporary removal of firearms from individuals who pose a danger to themselves or others while ensuring due process to filter out false claims.

Fund Community Programs: Support community-based violence intervention programs that address the root causes of gun violence, such as mental health services, conflict resolution programs, and community outreach. Programs like Cure Violence in Chicago use a public health approach to reduce gun violence by treating it as a contagious disease. This program has shown success in reducing shootings and homicides in targeted neighborhoods. Apart from suicide, one of the leading causes of gun violence in Washington is poor mental health, coupled with parents who overlook warning signs and allow their children access to household firearms. These programs should particularly reach out to parents, as many incidents could have been avoided had parents recognized the warning signs in their children and sought mental health intervention. 

Enhance Mental Health Background Checks: Develop more comprehensive mental health background checks that extend beyond involuntary commitments. This initiative should encompass the establishment of a system for voluntary disclosures and the incorporation of mental health evaluations into the background check process. Given that many individuals with mental health concerns do not reach the point of involuntary commitment, it is essential to have better mechanisms for assessing mental health concerns in relation to firearm ownership. The primary focus should be on identifying mood disorders, psychotic disorders, and personality disorders that pose a potential threat to the individual or the public. Individuals diagnosed with these disorders should have the opportunity to petition for firearm ownership by obtaining an authorization letter from a licensed mental health professional. For those with no prior mental health records, a mandatory mental health evaluation should be required to evaluate their fitness to own a firearm. Additionally, the implementation of periodic re-evaluations of firearm owners' mental health status would help identify any new or emerging concerns that could impact their ability to safely own and operate a firearm.

Revise the Six-Month Revocation Period: Instead of the current six-month revocation period for firearm rights following voluntary commitment, individuals should be required to undergo a designated timeframe of regular rehabilitative therapy. Only once a licensed psychologist or psychiatrist determines that the individual is no longer a threat to themselves or others, they can be cleared to regain their firearm rights. This approach ensures a more personalized and thorough assessment of an individual's mental health and readiness to safely own a firearm.

Enforce Prosecution for Attempted Firearm Store Burglaries: To address attempted burglaries of firearm stores with appropriate seriousness, I propose stringent legal and enforcement measures. This recommendation arises from a personal experience where an individual with a lengthy criminal history attempted to break into our store. Although unsuccessful, Law Enforcement asked us if we wanted to prosecute as they would not. This incident highlights the need for a stronger stance on such crimes. I propose enacting legislation that mandates prosecution for all attempted firearm store burglaries, developing clear guidelines and protocols, establishing a dedicated task force, and providing enhanced training for law enforcement. Enacting such laws would also reduce the need for the costly security updates for firearm stores, mandated by HB2118, as the deterrent effect of consistent prosecution would significantly reduce the likelihood of such attempts.

Implement a Constitutional Review Committee: Establish a constitutional review committee within the Washington State Legislature. This committee would be responsible for reviewing proposed legislation to ensure its compliance with the state and federal constitutions before it is passed into law. By proactively addressing potential constitutional issues, we can prevent the enactment of laws that may infringe upon citizens' rights and avoid costly legal challenges. This approach would promote a more thoughtful and balanced legislative process, ensuring that new laws align with constitutional principles.

 
Revising or Abolishing Existing Laws: It is imperative to revise or abolish laws such as HB1240, SB5078, and HB2118 and replace them with the proposed solutions that more effectively address public safety concerns without infringing on the rights of law-abiding citizens or small business owners. It is also crucial to halt the progression of newly introduced legislation such as HB1504 and HB1386. If passed, these laws would fail to address the root problems and would cause more harm than good to the community of Washington. By doing so, we can restore the rights to obtain certain firearms and components that were previously banned, while addressing the real underlying issues.

 

Striking a balance between public safety, small business rights and viability, and the rights of law-abiding citizens is crucial. The current legislation, while well-intentioned, has unintended consequences that need to be addressed. If you believe my proposed solutions would strike this balance, I urge you to show your support by signing this petition. It will bring us one step closer to adopting more targeted and effective solutions to gun violence in Washington State.