The first public hearing on a gun control bill during this year’s Washington State legislative session appears to have set a familiar tone for the debate on gun rights versus restrictions in the Democrat-controlled capitol, with proponents of “gun-free zone” expansion apparently oblivious of state court precedent and the state constitution.
State Sen. Javier Valdez (46th District), a Seattle Democrat sponsoring Senate Bill 5098 and a member of the Senate Law & Justice Committee which held the hearing, was candid about his dislike for lawful carry of firearms in public places.
“I would say that, for me, if you want to keep people safe and if you have a firearm,” Valdez stated, “keep it at home, keep it there and in a safe place. I think that you’re actually protecting more kids and families by not bringing your weapon onto a public space. That’s how I feel.”
But for the approximately 700,000 Evergreen State citizens who are licensed to carry, and those who practice open carry, that’s not how Article 1, Section 24 of the state constitution works. The language is clear: “The right of the individual citizen to bear arms in defense of himself, or the state, shall not be impaired, but nothing in this section shall be construed as authorizing individuals or corporations to organize, maintain or employ an armed body of men.”
For gun rights advocates, SB 5098, which seeks to expand so-called “gun-free zones” to include park facilities, many public buildings and county fairgrounds and facilities, is an impairment.
Into this dark water of gun control came an interesting cast of characters, including Saeran Dewar, a former student at Seattle’s Ingraham High School, who said her memories include the events of Nov. 8, 2022 when a 17-year-old student was gunned down in the school hallway.
What Dewar neglected to mention was that the confessed killer in that case was 14 years old at the time and thereby prohibited from carrying a loaded, concealed handgun anywhere in Washington state under existing state and federal law. In addition, the youth also violated the existing “Gun-Free School Zones Act,” not to mention the statutes against assault and murder.
According to KUOW, the murder weapon was a Glock 32 which had been taken from home without permission. The pistol was essentially stolen from that youngster by another teen (yet another violation of existing law) and subsequently used in another crime. KUOW reported, “the Glock passed through at least four pairs of teenage hands” before the actual perpetrator brought it to the school. A few lines later in its report, KUOW acknowledged, “Of the guns in 54 open King County cases involving juveniles, 20 were stolen. That’s likely a low estimate…”
Also testifying was a woman who has appeared before to support restrictive gun laws, Jane Weiss. A retired teacher, Weiss described herself as a “survivor of gun violence,” noting that her 19-year-old niece was a victim of Isla Vista, Calif., multiple killer Elliot Rodger. He’s the sex-deprived perpetrator who left a lengthy manifesto explaining what led him to murder six people, including three whom he fatally stabbed, a fact rarely mentioned when people discuss the crime.
Rodger legally purchased three handguns in California, complying with the state’s waiting period and background check requirements. He used only California-approved 10-round magazines, another detail typically omitted from discussions about the case. Besides, the crime happened in California, which is known for its extremist gun laws—which did not prevent the Isla Vista murders—not Washington, so its bearing on Evergreen State gun law proposals seems uncertain at best, and actually suggests making Washington’s law worse will not prevent violent crime.
Speaking on behalf of the National Rifle Association and its “tens of thousands” of members in the state, Aiohbeann Cline told the committee, “The open carry of firearms in these locations pose no actual criminal threat and concealed pistol license holders commit essentially zero crime.”
Other testimony criticizing open carry in public places included one complaint that when police were called to such an instance in one city, they explained there is nothing illegal about it.
Absent from these remarks was any reference to a 2007 case before the state Court of Appeals, Division II, known as State v. Gregory Elijah Casad in which the court ruled, “We note that, in connection with this case, several individuals have commented that they would find it strange, maybe shocking, to see a man carrying a gun down the street in broad daylight. Casad’s appellate counsel conceded that she would personally react with shock, but she emphasized that an individual’s lack of comfort with firearms does not equate to reasonable alarm. We agree. It is not unlawful for a person to responsibly walk down the street with a visible firearm, even if this action would shock some people.”
In a brief synopsis of the circumstances surrounding the Casad case, the Appeals Court noted, “Casad walked down the street in Port Angeles on a Saturday afternoon carrying two rifles partially wrapped in a towel. A woman called 911. Police responded, detained Casad, frisked him, and asked why he carried the weapons. Casad admitted that he was a felon, an admission that lead to his arrest and charges for unlawfully possessing the weapons. The trial court held that the police had no authority to detain Casad for a Terry stop and suppressed the evidence as the fruit of an unlawful seizure. We affirm.”
Elsewhere in the ruling was a reference to the trial court’s observation, “The statute does not and, under the Constitution, cannot prohibit the mere carrying of a firearm in public.”
Washington has been a hotbed of anti-gun activity for at least 15 years, the past ten of which have been marked by passage of two gun control initiatives, plus laws banning so-called “assault weapons” and “large-capacity magazines,” which are being challenged in court.
This initial hearing essentially established the battle lines for the lengthy session, which continues into April.
About Dave Workman
Dave Workman is a senior editor at TheGunMag.com and Liberty Park Press, author of multiple books on the Right to Keep & Bear Arms, and formerly an NRA-certified firearms instructor.
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