AG Bob Ferguson pens open letter to sheriffs: You could be held liable
Sheriffs across Washington state that refuse to enforce Initiative 1639 could be liable for not performing the background checks the new law requires, Attorney General Bob Ferguson said in an open letter Tuesday.
I-1639, a statewide initiative passed in November, raised the minimum age to purchase semiautomatic assault weapons from 18 to 21 and added a mandatory waiting period, more frequent background checks, stricter storage requirements and a mandatory firearms safety course for such weapons.
Not all aspects of the initiative have gone into effect yet, only the minimum age requirement, but Ferguson wrote that I-1639, like all voter-passed initiatives, is presumed constitutional.
"I will defend Initiative 1639 against any legal challenge," Ferguson said. "My office defeated the legal challenge to the previous gun safety initiative passed by the people, and I am confident we will defeat any constitutional challenge to Initiative 1639 as well."
Thirteen county sheriffs have now said in news releases and statements that they would not enforce I-1639, the latest being Columbia County Sheriff Joe Helm who announced Monday in a statement that he feels "that Initiative-1639 is unconstitutionally vague and includes enforcement provisions that are not allowed to our office. Therefore it is unenforceable."
Ferguson noted in his letter that law enforcement officers are entitled to their opinion of any law, but those "views do not absolve us of our duty to enforce Washington laws and protect the public."
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