﻿1
00:00:00,701 --> 00:00:03,033
♪♪

2
00:00:03,033 --> 00:00:04,367
-End gun violence!

3
00:00:04,367 --> 00:00:07,567
-With demands to improve
gun safety on the rise...

4
00:00:07,567 --> 00:00:11,467
-Too many guns of the wrong kind
are in the wrong hands.

5
00:00:11,467 --> 00:00:14,501
-...state lawmakers are poised
to take action this year.

6
00:00:14,501 --> 00:00:17,267
-Tragedies are happening
across the country

7
00:00:17,267 --> 00:00:18,968
it seems every week.

8
00:00:18,968 --> 00:00:22,467
-A ban on so-called assault
weapons is gaining momentum.

9
00:00:22,467 --> 00:00:25,133
Plus, gun sellers
may face more lawsuits,

10
00:00:25,133 --> 00:00:28,767
and gun buyers may be required
to take safety classes.

11
00:00:28,767 --> 00:00:30,701
-Look at the difference.
-But critics say

12
00:00:30,701 --> 00:00:33,367
gun-control advocates
are missing the mark.

13
00:00:33,367 --> 00:00:37,267
-We don't own rifles
to assault people with.

14
00:00:37,267 --> 00:00:40,334
-Emotion should not drive
our public policy.

15
00:00:40,334 --> 00:00:42,934
-Will stricter gun laws
improve public safety

16
00:00:42,934 --> 00:00:45,100
or make it harder
for Washingtonians

17
00:00:45,100 --> 00:00:46,501
to protect themselves?

18
00:00:46,501 --> 00:00:48,367
-It has impacts
on domestic violence.

19
00:00:48,367 --> 00:00:49,901
It has impacts on suicide rates.

20
00:00:49,901 --> 00:00:51,334
-Both sides weigh in.

21
00:00:51,334 --> 00:00:54,601
-Constitutional rights are not
subject to public opinion polls.

22
00:00:54,601 --> 00:00:57,234
Taking aim at our state's
gun-control laws,

23
00:00:57,234 --> 00:00:59,601
next on "City Inside Out."

24
00:00:59,601 --> 00:01:09,033
♪♪

25
00:01:09,033 --> 00:01:18,400
♪♪

26
00:01:18,400 --> 00:01:21,367
Welcome to this edition
of "City Inside Out."

27
00:01:21,367 --> 00:01:23,567
I'm your host, Brian Callanan.

28
00:01:23,567 --> 00:01:26,334
Amidst an ongoing crisis
of gun violence,

29
00:01:26,334 --> 00:01:29,801
advocates have targeted this
legislative session in Olympia

30
00:01:29,801 --> 00:01:32,834
to pass some much stricter laws
in our state.

31
00:01:32,834 --> 00:01:34,534
Proposals include a ban

32
00:01:34,534 --> 00:01:36,667
on the sale of so-called
assault weapons,

33
00:01:36,667 --> 00:01:38,200
a 10-day waiting period,

34
00:01:38,200 --> 00:01:41,567
and required safety classes
for those who buy firearms,

35
00:01:41,567 --> 00:01:44,801
and even a provision to make
gun sellers and manufacturers

36
00:01:44,801 --> 00:01:47,701
legally liable
for negligent sales.

37
00:01:47,701 --> 00:01:49,701
Opponents say
these new proposals

38
00:01:49,701 --> 00:01:51,501
will not improve public safety

39
00:01:51,501 --> 00:01:53,400
and infringe upon a right

40
00:01:53,400 --> 00:01:55,400
enshrined in the U.S.
and Washington state

41
00:01:55,400 --> 00:01:58,033
Constitutions to bear arms.

42
00:01:58,033 --> 00:01:59,634
But new polling numbers show

43
00:01:59,634 --> 00:02:02,234
lawmakers may be feeling
some pressure to act,

44
00:02:02,234 --> 00:02:05,300
and Washington's gun laws
are directly in their sights.

45
00:02:05,300 --> 00:02:07,567
♪♪

46
00:02:07,567 --> 00:02:09,567
-The Parkland, Florida,
school shooting

47
00:02:09,567 --> 00:02:12,267
on Valentine's Day 2018,

48
00:02:12,267 --> 00:02:15,234
where 17 students and staff
were killed

49
00:02:15,234 --> 00:02:18,334
changed Robert Schentrup
and his family forever.

50
00:02:18,334 --> 00:02:21,267
-Only one of my sisters
made it back home alive.

51
00:02:21,267 --> 00:02:24,434
My sister Carmen Schentrup,
who was 16 at the time,

52
00:02:24,434 --> 00:02:26,934
was murdered along with 16
of her fellow peers,

53
00:02:26,934 --> 00:02:29,901
teachers, and staff
with an assault weapon.

54
00:02:29,901 --> 00:02:32,901
-Schentrup soon turned his grief
into action,

55
00:02:32,901 --> 00:02:35,434
advocating with groups
like Team Enough

56
00:02:35,434 --> 00:02:37,801
and the Alliance
for Gun Responsibility.

57
00:02:37,801 --> 00:02:39,334
-We all want to be safer, right?

58
00:02:39,334 --> 00:02:42,033
We all want to feel secure
in our communities.

59
00:02:42,033 --> 00:02:45,367
-Schentrup says the increasing
number of school shootings

60
00:02:45,367 --> 00:02:48,901
and other gun-violence incidents
since his sister's death

61
00:02:48,901 --> 00:02:52,367
can be linked to an increasing
number of gun owners.

62
00:02:52,367 --> 00:02:54,434
Studies show the U.S. now has

63
00:02:54,434 --> 00:02:58,334
roughly 120 guns
for every 100 residents --

64
00:02:58,334 --> 00:03:01,067
by far the highest ratio
in the world.

65
00:03:01,067 --> 00:03:05,033
-It is this connection between
the saturation of firearms

66
00:03:05,033 --> 00:03:08,033
in our communities
and the ease of access to them

67
00:03:08,033 --> 00:03:12,467
that is really driving
the gun violence that we see.

68
00:03:12,467 --> 00:03:16,567
-Too many guns of the wrong kind
are in the wrong hands.

69
00:03:16,567 --> 00:03:18,834
-State leaders
have taken up the challenge

70
00:03:18,834 --> 00:03:21,901
from Schentrup and others
with an ambitious plan

71
00:03:21,901 --> 00:03:25,267
to overhaul our gun laws
in Olympia this year.

72
00:03:25,267 --> 00:03:28,501
The legislation includes
a proposed ban on the sale

73
00:03:28,501 --> 00:03:30,367
of so-called assault weapons,

74
00:03:30,367 --> 00:03:32,901
requirements for
a 10-day waiting period,

75
00:03:32,901 --> 00:03:35,968
and safety classes
for anyone who buys a gun...

76
00:03:35,968 --> 00:03:39,000
plus a bill that would allow
people to sue gun sellers

77
00:03:39,000 --> 00:03:42,534
and manufacturers for
the negligent sale of a firearm.

78
00:03:42,534 --> 00:03:44,968
-Okay. Do you want to verify
there's no ammo in here?

79
00:03:44,968 --> 00:03:47,634
-Jane Milhans says
the state's way off target.

80
00:03:47,634 --> 00:03:50,267
-So, this is a
semi-automatic rifle.

81
00:03:50,267 --> 00:03:52,701
-She's a certified
firearms instructor

82
00:03:52,701 --> 00:03:57,033
who was inspired to teach others
after an incident 15 years ago

83
00:03:57,033 --> 00:03:59,367
when she says two men
broke into her house.

84
00:03:59,367 --> 00:04:02,767
-I'm all for safety training
as a firearm instructor,

85
00:04:02,767 --> 00:04:06,300
but what I'm opposed to
is forced training.

86
00:04:06,300 --> 00:04:10,200
And then you're gonna
just slowly pull the trigger.

87
00:04:10,200 --> 00:04:13,934
-Milhans has a long wait list
for classes like these

88
00:04:13,934 --> 00:04:16,234
and says the state's
training requirements

89
00:04:16,234 --> 00:04:18,033
could stop people
from exercising

90
00:04:18,033 --> 00:04:22,000
their constitutional right to
own a gun for a year or more.

91
00:04:23,367 --> 00:04:25,300
-Take your finger
off the trigger.

92
00:04:25,300 --> 00:04:27,567
-And she says
with many crimes committed

93
00:04:27,567 --> 00:04:30,000
using illegally obtained guns,

94
00:04:30,000 --> 00:04:34,100
a ban on the sale or transfer
of these semi-automatic firearms

95
00:04:34,100 --> 00:04:36,267
won't do a thing
to stop gun violence.

96
00:04:36,267 --> 00:04:38,667
-If we get more guns away --
off the street,

97
00:04:38,667 --> 00:04:40,901
the only one who's gonna
be giving up their guns

98
00:04:40,901 --> 00:04:42,901
are law-abiding citizens.

99
00:04:42,901 --> 00:04:45,033
-It's an argument
you've heard before.

100
00:04:45,033 --> 00:04:49,901
-This bill will limit our rights

101
00:04:49,901 --> 00:04:51,667
and our ability to bear arms.

102
00:04:51,667 --> 00:04:56,133
-These weapons of war have
no business in our community.

103
00:04:56,133 --> 00:04:58,834
-But Representative
Strom Peterson says

104
00:04:58,834 --> 00:05:01,501
this year in Olympia
there's something different.

105
00:05:01,501 --> 00:05:03,434
-This is the first time
the bill has ever made it

106
00:05:03,434 --> 00:05:04,701
to the House floor.

107
00:05:04,701 --> 00:05:07,033
-Peterson, a Democrat
who began sponsoring

108
00:05:07,033 --> 00:05:10,133
gun-control legislation
back in 2016

109
00:05:10,133 --> 00:05:13,400
after an incident
in his district of Mukilteo,

110
00:05:13,400 --> 00:05:16,801
says a movement of young people,
even young legislators

111
00:05:16,801 --> 00:05:19,267
who have been through
school lockdown drills,

112
00:05:19,267 --> 00:05:21,868
has pushed this bill
further than ever before.

113
00:05:21,868 --> 00:05:23,701
-Their voices
have been louder and louder

114
00:05:23,701 --> 00:05:24,968
over the last few years,

115
00:05:24,968 --> 00:05:26,934
and we finally listened
as a legislature.

116
00:05:26,934 --> 00:05:29,501
-And he says, with a recent
Crosscut-Elway poll

117
00:05:29,501 --> 00:05:32,901
showing 56% of those
surveyed statewide

118
00:05:32,901 --> 00:05:35,767
in support of outlawing
the sale and transfer

119
00:05:35,767 --> 00:05:37,968
of most semi-automatic weapons,

120
00:05:37,968 --> 00:05:40,634
his bill and the other
gun measures in Olympia

121
00:05:40,634 --> 00:05:42,801
may have the momentum
to become law.

122
00:05:42,801 --> 00:05:45,968
-I think these are
common-sense regulations.

123
00:05:45,968 --> 00:05:47,334
Many other states have them.

124
00:05:47,334 --> 00:05:49,767
And I think
they'll help save lives.

125
00:05:49,767 --> 00:05:52,400
-That's not to say
there aren't more fights ahead.

126
00:05:52,400 --> 00:05:54,234
-All those in favor say, "Aye."

127
00:05:54,234 --> 00:05:56,234
-Aye!

128
00:05:56,234 --> 00:05:57,601
-Opposed say, "Nay."

129
00:05:57,601 --> 00:05:59,234
-[Louder] No!

130
00:05:59,234 --> 00:06:01,467
-The amendment is not adopted.

131
00:06:01,467 --> 00:06:04,300
-States have to be very careful

132
00:06:04,300 --> 00:06:06,501
about how they restrict
gun rights.

133
00:06:06,501 --> 00:06:08,634
-Republican Representative
Jim Walsh

134
00:06:08,634 --> 00:06:10,767
from the 19th District
in Aberdeen

135
00:06:10,767 --> 00:06:14,400
points to the U.S. Supreme
Court's recent Bruen decision,

136
00:06:14,400 --> 00:06:16,400
which says new gun restrictions

137
00:06:16,400 --> 00:06:18,467
have to be consistent
with the country's

138
00:06:18,467 --> 00:06:23,133
"historical tradition
of firearm regulation."

139
00:06:23,133 --> 00:06:26,167
Plus, our state constitution
specifically notes

140
00:06:26,167 --> 00:06:29,734
a right for people to own guns
for the purpose of self-defense.

141
00:06:29,734 --> 00:06:32,734
-Guns are tools,
and in the wrong hands,

142
00:06:32,734 --> 00:06:34,634
they can be devastating tools.

143
00:06:34,634 --> 00:06:37,200
And in the right hands,
they can be tools of justice.

144
00:06:37,200 --> 00:06:40,334
-Walsh says behind the push
to pass these bills

145
00:06:40,334 --> 00:06:42,601
a court challenge
is right around the corner.

146
00:06:42,601 --> 00:06:46,734
-I believe these proposals
are constitutionally dubious

147
00:06:46,734 --> 00:06:49,167
and are very likely
to be overturned.

148
00:06:49,167 --> 00:06:51,234
-But before
that potential fight,

149
00:06:51,234 --> 00:06:54,367
there's a fight to the finish
of the legislative session,

150
00:06:54,367 --> 00:06:56,300
with the future
of gun regulations

151
00:06:56,300 --> 00:06:57,534
hanging in the balance.

152
00:06:57,534 --> 00:06:59,601
[ Gunshot ]

153
00:06:59,601 --> 00:07:01,434
And joining me to discuss
a little bit more

154
00:07:01,434 --> 00:07:03,100
about these issues,
I have with me

155
00:07:03,100 --> 00:07:05,400
Dylan O'Connor,
government affairs director

156
00:07:05,400 --> 00:07:07,367
for the Alliance
for Gun Responsibility.

157
00:07:07,367 --> 00:07:08,601
Dylan, good to have you here.

158
00:07:08,601 --> 00:07:10,334
And I also have with us
Dave Workman,

159
00:07:10,334 --> 00:07:12,434
editor in chief of
TheGunMag.com,

160
00:07:12,434 --> 00:07:14,934
a publication of the
Second Amendment Foundation.

161
00:07:14,934 --> 00:07:16,567
We have a ton of ground
to cover today.

162
00:07:16,567 --> 00:07:18,501
I want to try to touch
on several gun bills

163
00:07:18,501 --> 00:07:20,300
that the state's considering
this session.

164
00:07:20,300 --> 00:07:22,434
And let's start
with House Bill 1240.

165
00:07:22,434 --> 00:07:25,467
So, this is the proposed ban
on the sale or transfer

166
00:07:25,467 --> 00:07:27,367
of what the bill calls
assault rifles,

167
00:07:27,367 --> 00:07:29,434
military style
semi-automatic rifles.

168
00:07:29,434 --> 00:07:31,100
An important point --
this bill would not

169
00:07:31,100 --> 00:07:32,534
take away anyone's gun.

170
00:07:32,534 --> 00:07:33,868
It specifically focuses on

171
00:07:33,868 --> 00:07:36,467
when a firearm of this type
is sold or transferred.

172
00:07:36,467 --> 00:07:39,000
So, this bill has been around
for six years, Dylan.

173
00:07:39,000 --> 00:07:42,968
It made it to the floor
for the first time here in 2023.

174
00:07:42,968 --> 00:07:45,734
Lawmakers passed it out of
the House here in early March.

175
00:07:45,734 --> 00:07:48,234
Talk about why you believe
and why lawmakers believe

176
00:07:48,234 --> 00:07:49,501
a bill like this is needed

177
00:07:49,501 --> 00:07:51,000
and also what impact
it could have.

178
00:07:51,000 --> 00:07:54,667
-The top six ranked,
by fatalities,

179
00:07:54,667 --> 00:07:56,167
in mass shootings
in the United States

180
00:07:56,167 --> 00:07:59,400
have all been, you know --
involved assault weapons.

181
00:07:59,400 --> 00:08:01,400
-Mm-hmm.
-Research shows that

182
00:08:01,400 --> 00:08:04,234
when assault weapons
are used in mass shootings,

183
00:08:04,234 --> 00:08:07,601
up to six times more people
are shot,

184
00:08:07,601 --> 00:08:10,300
70% more people are killed.

185
00:08:10,300 --> 00:08:12,934
And if we had, you know,
a federal assault-weapons ban

186
00:08:12,934 --> 00:08:15,701
or a state-level
assault-weapons ban in place,

187
00:08:15,701 --> 00:08:19,434
there's data supporting
that 70% fewer fatalities

188
00:08:19,434 --> 00:08:20,968
and injuries might occur.

189
00:08:20,968 --> 00:08:23,501
I'll also add that the bill's
been around for six years,

190
00:08:23,501 --> 00:08:25,467
but this year
is a little different

191
00:08:25,467 --> 00:08:27,801
in that we just feel like
the psychological place

192
00:08:27,801 --> 00:08:30,334
politically this year
is completely different

193
00:08:30,334 --> 00:08:33,334
than it has been
in previous years.

194
00:08:33,334 --> 00:08:35,100
I think we've done a lot of work
in Washington state

195
00:08:35,100 --> 00:08:37,100
to make sure that folks are --

196
00:08:37,100 --> 00:08:39,601
folks are taking good votes
on these bills for sure.

197
00:08:39,601 --> 00:08:41,534
-Dave, what's your response
to what Dylan is saying

198
00:08:41,534 --> 00:08:43,000
and what impact do you think

199
00:08:43,000 --> 00:08:45,400
a measure like House Bill 1240
would have on the public?

200
00:08:45,400 --> 00:08:47,033
-Well, first,
we're gonna have to find out

201
00:08:47,033 --> 00:08:49,033
whether or not
it's constitutional.

202
00:08:49,033 --> 00:08:52,467
-Yeah.
-There's three cases

203
00:08:52,467 --> 00:08:55,667
that I know of right now
in federal court,

204
00:08:55,667 --> 00:08:58,868
one in Maryland, one in
California, one in Oregon...

205
00:08:58,868 --> 00:09:00,667
-Okay.
-...challenging

206
00:09:00,667 --> 00:09:01,934
the constitutionality

207
00:09:01,934 --> 00:09:03,834
of a so-called
assault-weapons ban.

208
00:09:03,834 --> 00:09:05,767
They're not really
assault weapons.

209
00:09:05,767 --> 00:09:07,634
They're not weapons of war
at all.

210
00:09:07,634 --> 00:09:09,667
They're semi-automatic rifles.

211
00:09:09,667 --> 00:09:12,234
And beyond that, not everybody

212
00:09:12,234 --> 00:09:14,033
wants to vote for this
in Olympia, too.

213
00:09:14,033 --> 00:09:16,968
You'll find a lot of people
who are opposed to it,

214
00:09:16,968 --> 00:09:19,033
for not just the reason

215
00:09:19,033 --> 00:09:21,667
that there are pending
federal lawsuits,

216
00:09:21,667 --> 00:09:24,167
but they just think
it's the wrong way to go.

217
00:09:24,167 --> 00:09:26,701
If you look at
the FBI Uniform Crime statistics

218
00:09:26,701 --> 00:09:29,133
for any given year,

219
00:09:29,133 --> 00:09:32,000
rifles of any kind,
including semi-automatics,

220
00:09:32,000 --> 00:09:35,300
are used in a fraction
of homicides in the country,

221
00:09:35,300 --> 00:09:36,734
anywhere from 2% to 4%,

222
00:09:36,734 --> 00:09:41,100
and yet they always seem
to fall into the focus

223
00:09:41,100 --> 00:09:43,501
simply because of the appearance
of these things.

224
00:09:43,501 --> 00:09:45,834
But they don't operate
any differently

225
00:09:45,834 --> 00:09:48,767
than any other
semi-automatic rifle

226
00:09:48,767 --> 00:09:52,834
like the Winchester 100
or Remington 7600.

227
00:09:52,834 --> 00:09:56,701
They're basically
semi-automatic rifles.

228
00:09:56,701 --> 00:09:57,868
One press of the trigger,

229
00:09:57,868 --> 00:10:00,400
one thing goes bang,
and that's it.

230
00:10:00,400 --> 00:10:02,400
-And just with regard to that,
do you think this is

231
00:10:02,400 --> 00:10:04,868
going to have an impact on
public safety that is positive?

232
00:10:04,868 --> 00:10:06,567
I know a lot of lawmakers
think so.

233
00:10:06,567 --> 00:10:09,567
-Well, a lot of lawmakers
can think what they want.

234
00:10:09,567 --> 00:10:11,000
I'm not sure if it is or not,

235
00:10:11,000 --> 00:10:15,167
because the most prevalent
firearm

236
00:10:15,167 --> 00:10:17,567
involved in crime is a handgun.

237
00:10:17,567 --> 00:10:19,100
And we already know handguns

238
00:10:19,100 --> 00:10:21,601
are protected
by the Second Amendment.

239
00:10:21,601 --> 00:10:25,667
And it's not too much of a
stretch of anybody's imagination

240
00:10:25,667 --> 00:10:28,601
that in the aftermath
of the Bruen ruling

241
00:10:28,601 --> 00:10:30,567
back in June of last year...

242
00:10:30,567 --> 00:10:32,901
-U.S. Supreme Court.
-Right.

243
00:10:32,901 --> 00:10:35,868
I think that
the lower federal courts

244
00:10:35,868 --> 00:10:38,100
are probably going to come down
on the side of

245
00:10:38,100 --> 00:10:40,234
these things are protected
by the Constitution.

246
00:10:40,234 --> 00:10:42,334
So banning them is
going to be pretty tough.

247
00:10:42,334 --> 00:10:44,267
-Got it. And I'm going to come
back to that legal argument

248
00:10:44,267 --> 00:10:46,100
in just a little bit,
but, Dylan, I just wanted

249
00:10:46,100 --> 00:10:47,801
to talk about this
because I've heard it from

250
00:10:47,801 --> 00:10:51,467
a number of different people
who are in favor of making sure

251
00:10:51,467 --> 00:10:53,634
that their gun rights
are protected here,

252
00:10:53,634 --> 00:10:54,901
that this really wouldn't have

253
00:10:54,901 --> 00:10:56,334
that much of an impact
on public safety.

254
00:10:56,334 --> 00:10:58,434
You heard what Dave was
talking about with handguns,

255
00:10:58,434 --> 00:11:00,501
that those are actually
more prevalent in crime here,

256
00:11:00,501 --> 00:11:02,100
this is only going to restrict
the rights

257
00:11:02,100 --> 00:11:03,367
of law-abiding people.

258
00:11:03,367 --> 00:11:04,901
I want to make sure
I cover that point with you.

259
00:11:04,901 --> 00:11:07,667
-Yeah, sure.
Well, to just point out,

260
00:11:07,667 --> 00:11:11,334
there's a big difference
between a semi-automatic .22

261
00:11:11,334 --> 00:11:15,033
and a AR-15
with a 30-round magazine, right?

262
00:11:15,033 --> 00:11:18,033
One is able to shoot 30 rounds
into a crowd of people

263
00:11:18,033 --> 00:11:19,367
in less than a minute.

264
00:11:19,367 --> 00:11:22,200
And the other is just
simply not capable

265
00:11:22,200 --> 00:11:25,033
of doing that --
that level of damage.

266
00:11:25,033 --> 00:11:27,300
I'll also say that these --

267
00:11:27,300 --> 00:11:29,267
And we'll talk about this more,
but...

268
00:11:29,267 --> 00:11:32,934
Time and time again,
for the last several decades,

269
00:11:32,934 --> 00:11:35,234
federal courts
at the Court of Appeals level

270
00:11:35,234 --> 00:11:37,534
have upheld firearms regulations

271
00:11:37,534 --> 00:11:39,234
and gun-safety laws
as constitutional.

272
00:11:39,234 --> 00:11:41,000
We can dig into that
a little bit more.

273
00:11:41,000 --> 00:11:42,434
-Okay. please. Yeah.
-But for sure, yeah.

274
00:11:42,434 --> 00:11:43,801
I mean, these laws

275
00:11:43,801 --> 00:11:45,834
are just not in conflict
with the Second Amendment.

276
00:11:45,834 --> 00:11:47,634
-There was a poll
back in December.

277
00:11:47,634 --> 00:11:49,033
Crosscut-Elway did this up.

278
00:11:49,033 --> 00:11:51,334
And 56% of the people
that were polled said,

279
00:11:51,334 --> 00:11:53,267
"We would support
a ban on the sale

280
00:11:53,267 --> 00:11:55,100
or transfer of most
semi-automatic weapons."

281
00:11:55,100 --> 00:11:57,300
You have a lot of legislators,
you have a lot of people

282
00:11:57,300 --> 00:11:59,334
in the public who are saying,
"We don't want these guns

283
00:11:59,334 --> 00:12:01,100
to be bought and sold."
Can you respond to that?

284
00:12:01,100 --> 00:12:02,567
-Sure.

285
00:12:02,567 --> 00:12:05,834
First, remember that most
of these appellate court rulings

286
00:12:05,834 --> 00:12:07,234
that Dylan mentioned,

287
00:12:07,234 --> 00:12:09,367
that was prior to
the Bruen ruling of last June.

288
00:12:09,367 --> 00:12:11,033
And the courts
are going to have to

289
00:12:11,033 --> 00:12:13,267
go through a lot of those cases,
I think,

290
00:12:13,267 --> 00:12:15,801
because they're going to
have to be reconsidered.

291
00:12:15,801 --> 00:12:19,801
Now, as far as
the public opinion polls,

292
00:12:19,801 --> 00:12:23,067
I think we're all pretty happy
that constitutional rights

293
00:12:23,067 --> 00:12:25,434
are not subject
to public opinion polls.

294
00:12:25,434 --> 00:12:28,033
A right is a right,
and it's very special.

295
00:12:28,033 --> 00:12:30,634
We don't decide rights
at the voting booth.

296
00:12:30,634 --> 00:12:34,300
We don't decide rights
by taking an opinion poll.

297
00:12:34,300 --> 00:12:35,801
That's a right.

298
00:12:35,801 --> 00:12:38,968
-I want to, if I could, move on
to House Bill 1143 here.

299
00:12:38,968 --> 00:12:40,901
So, this is the measure
establishing

300
00:12:40,901 --> 00:12:42,968
a 10-day waiting period
to purchase a firearm

301
00:12:42,968 --> 00:12:44,501
and mandatory safety training.

302
00:12:44,501 --> 00:12:46,334
As you remember, everybody,
Washington voters

303
00:12:46,334 --> 00:12:48,033
approved a 10-day waiting period

304
00:12:48,033 --> 00:12:50,267
to purchase semi-automatic guns
in 2018,

305
00:12:50,267 --> 00:12:52,267
so we already have that
in place.

306
00:12:52,267 --> 00:12:54,000
Dave, let me ask you
this question here.

307
00:12:54,000 --> 00:12:55,701
What are your thoughts
about this idea,

308
00:12:55,701 --> 00:12:58,467
expanding that waiting period
to all firearms

309
00:12:58,467 --> 00:13:00,701
and also adding in that
safety training requirement?

310
00:13:00,701 --> 00:13:03,534
-Well, how long of
a waiting period do you put on

311
00:13:03,534 --> 00:13:05,934
any other constitutionally
protected right?

312
00:13:05,934 --> 00:13:08,634
I don't know of any.

313
00:13:08,634 --> 00:13:11,067
You don't have to wait to vote.

314
00:13:11,067 --> 00:13:13,300
You don't have to wait
to get an attorney

315
00:13:13,300 --> 00:13:14,734
if you're in trouble.

316
00:13:14,734 --> 00:13:19,934
I mean, you have rights
to exercise there.

317
00:13:19,934 --> 00:13:21,934
I'm not sure
that it would help at all.

318
00:13:21,934 --> 00:13:25,167
People who are determined
to commit mayhem

319
00:13:25,167 --> 00:13:26,767
are going to do it.

320
00:13:26,767 --> 00:13:30,934
And I think time and again
we've seen that happen.

321
00:13:30,934 --> 00:13:34,100
The guy that fired
all those shots

322
00:13:34,100 --> 00:13:36,601
and killed all those people
in Las Vegas,

323
00:13:36,601 --> 00:13:40,534
he spent, well, months,
if not a couple of years

324
00:13:40,534 --> 00:13:43,100
getting the firearms
that he used in that thing.

325
00:13:43,100 --> 00:13:44,267
And a 10-day waiting period,

326
00:13:44,267 --> 00:13:46,868
he'd have probably thought,
"Big deal."

327
00:13:46,868 --> 00:13:48,701
If that had been the law
at that time,

328
00:13:48,701 --> 00:13:50,901
I don't think it would have
stopped him at all.

329
00:13:50,901 --> 00:13:53,601
And at the same time,

330
00:13:53,601 --> 00:13:56,667
how much of an inconvenience
do you want to put

331
00:13:56,667 --> 00:13:58,167
on a law-abiding citizen

332
00:13:58,167 --> 00:13:59,901
who has committed
no crime at all?

333
00:13:59,901 --> 00:14:01,834
-Fair enough. And, Dylan,
do you have a response

334
00:14:01,834 --> 00:14:04,067
to this piece about the waiting
period, the training, et cetera?

335
00:14:04,067 --> 00:14:05,601
-Yeah, absolutely.

336
00:14:05,601 --> 00:14:07,467
I will say that
a 10-day waiting period --

337
00:14:07,467 --> 00:14:09,701
And the more, you know,

338
00:14:09,701 --> 00:14:13,501
we can delay folks in crisis
from obtaining a firearm --

339
00:14:13,501 --> 00:14:15,501
-We're talking about suicide
potentially here.

340
00:14:15,501 --> 00:14:18,767
-75% of firearm deaths in
Washington state are suicides.

341
00:14:18,767 --> 00:14:20,367
Right? So, you know...

342
00:14:20,367 --> 00:14:22,667
I mean, it has impacts
on domestic violence.

343
00:14:22,667 --> 00:14:24,200
It has impacts on suicide rates.

344
00:14:24,200 --> 00:14:26,667
It has impacts
on homicide rates, as well.

345
00:14:26,667 --> 00:14:29,200
But putting a barrier between
the immediate availability

346
00:14:29,200 --> 00:14:31,067
of a firearm, who --
Somebody could be in crisis

347
00:14:31,067 --> 00:14:32,467
and the person
across the counter

348
00:14:32,467 --> 00:14:34,968
may not be able to evaluate
that appropriately.

349
00:14:34,968 --> 00:14:37,067
Just a mandatory
10-day waiting period

350
00:14:37,067 --> 00:14:38,501
is a wonderful public-health...

351
00:14:38,501 --> 00:14:40,834
-If I could follow up on that
training piece -- Excuse me.

352
00:14:40,834 --> 00:14:42,501
Just to follow up
on that training piece,

353
00:14:42,501 --> 00:14:44,501
I talked to one instructor
who was saying,

354
00:14:44,501 --> 00:14:46,601
we put a big demand out there
for gun-safety courses,

355
00:14:46,601 --> 00:14:48,501
it could be months,
it could be a year

356
00:14:48,501 --> 00:14:50,601
before a law-abiding citizen
could actually get a firearm.

357
00:14:50,601 --> 00:14:52,033
Do you have some thoughts
about that?

358
00:14:52,033 --> 00:14:54,167
-Well, you know,
the safety training courses

359
00:14:54,167 --> 00:14:56,033
that are delineated in the bill

360
00:14:56,033 --> 00:14:58,267
are the ones that are already
publicly available

361
00:14:58,267 --> 00:15:01,334
as incentivized by 1639,
passed in 2018.

362
00:15:01,334 --> 00:15:03,567
So these are not --
They don't --

363
00:15:03,567 --> 00:15:04,968
The current version of the bill

364
00:15:04,968 --> 00:15:06,801
does not include
a live-fire training course,

365
00:15:06,801 --> 00:15:08,968
which, you know,
raises the cost a little bit.

366
00:15:08,968 --> 00:15:10,701
It does make things
a little less available.

367
00:15:10,701 --> 00:15:12,934
So we kept that in mind
when we were drafting this,

368
00:15:12,934 --> 00:15:14,434
the current version
of the bill.

369
00:15:14,434 --> 00:15:16,334
-Yeah. Got it. Dave, did you
have a response to this piece?

370
00:15:16,334 --> 00:15:19,000
-Well, I'm a certified
firearms instructor.

371
00:15:19,000 --> 00:15:20,434
-That's right.

372
00:15:20,434 --> 00:15:24,634
-And, frankly, I don't know
why anybody should be forced

373
00:15:24,634 --> 00:15:26,701
to take a training course
in order

374
00:15:26,701 --> 00:15:30,501
to exercise a constitutionally
protected right.

375
00:15:30,501 --> 00:15:34,634
I'm not saying that training
is a bad idea. That's nonsense.

376
00:15:34,634 --> 00:15:38,133
Everybody who owns a firearm
should avail themselves,

377
00:15:38,133 --> 00:15:43,467
whether it's a woman or man,
to get competent training

378
00:15:43,467 --> 00:15:45,767
from a competent
firearms instructor,

379
00:15:45,767 --> 00:15:49,567
especially if they bought a gun
for personal protection.

380
00:15:49,567 --> 00:15:52,000
But the notion
that you have to go do something

381
00:15:52,000 --> 00:15:54,934
that might cost you
a bit of money

382
00:15:54,934 --> 00:15:57,000
in order to exercise
a right that's protected

383
00:15:57,000 --> 00:15:59,701
by both the state and federal
constitutions,

384
00:15:59,701 --> 00:16:03,434
I'm not sure that could even fly
if it was tested in court.

385
00:16:03,434 --> 00:16:05,767
You know, we're in
a whole new era right now

386
00:16:05,767 --> 00:16:08,033
because of the Bruen ruling.
-Mm-hmm.

387
00:16:08,033 --> 00:16:12,767
-And I think a lot of ground
still has to be plowed

388
00:16:12,767 --> 00:16:16,033
to depend on what is right
under the Constitution

389
00:16:16,033 --> 00:16:20,968
and what can be expanded
in terms of gun control.

390
00:16:20,968 --> 00:16:23,267
-Yeah. Yeah. I promise we'll
get to those legal issues.

391
00:16:23,267 --> 00:16:24,934
But did you have any rejoinder
to that

392
00:16:24,934 --> 00:16:26,501
that you wanted to bring up,
Dylan,

393
00:16:26,501 --> 00:16:28,467
with regard to the training
and the requirement

394
00:16:28,467 --> 00:16:30,534
forcing people essentially
to have this training?

395
00:16:30,534 --> 00:16:32,601
-Yeah, I mean, I think
we want to incentivize

396
00:16:32,601 --> 00:16:36,868
responsible firearms ownership.
And part of the safety training

397
00:16:36,868 --> 00:16:38,868
is about just understanding
the data

398
00:16:38,868 --> 00:16:41,801
surrounding owning a firearm
and safe storage practices,

399
00:16:41,801 --> 00:16:43,868
things like that,
making sure that folks

400
00:16:43,868 --> 00:16:45,601
lock up their firearms
and safely store them

401
00:16:45,601 --> 00:16:48,334
so they don't get accessed
by a minor or prohibited person.

402
00:16:48,334 --> 00:16:49,801
Right?
These are just basic,

403
00:16:49,801 --> 00:16:51,801
basic public health safety
measures that we -- you know,

404
00:16:51,801 --> 00:16:53,634
we educate people
on their medication.

405
00:16:53,634 --> 00:16:56,701
We ask folks to take a driving
course for their license.

406
00:16:56,701 --> 00:16:58,067
None of that's immediate.

407
00:16:58,067 --> 00:16:59,834
You can't just walk in
and get a car without a license.

408
00:16:59,834 --> 00:17:01,834
Right? We want to make sure
that we're making sure

409
00:17:01,834 --> 00:17:03,534
that folks are
as safe as possible.

410
00:17:03,534 --> 00:17:05,033
-Wait a minute.
-Please.

411
00:17:05,033 --> 00:17:08,300
-Driving is not
a constitutionally-protected

412
00:17:08,300 --> 00:17:11,801
right, driving is a privilege,
and you know it.

413
00:17:11,801 --> 00:17:15,534
Don't start comparing driving
with owning a firearm,

414
00:17:15,534 --> 00:17:18,167
which is protected
by the Constitution.

415
00:17:18,167 --> 00:17:20,400
You know, that is such
a specious argument.

416
00:17:20,400 --> 00:17:23,167
And even the governor brought
that up here

417
00:17:23,167 --> 00:17:24,868
a couple of months back.

418
00:17:24,868 --> 00:17:27,834
And I just had to roll my eyes
because he knows better.

419
00:17:27,834 --> 00:17:29,901
-I would like to move on
to Senate Bill 5078

420
00:17:29,901 --> 00:17:31,067
here, if I could.

421
00:17:31,067 --> 00:17:32,667
This would make gun sellers
and manufacturers

422
00:17:32,667 --> 00:17:35,501
legally liable for the negligent
sale of a firearm.

423
00:17:35,501 --> 00:17:37,334
And this is something
that states like California,

424
00:17:37,334 --> 00:17:40,434
Delaware, New Jersey
and New York have put into law.

425
00:17:40,434 --> 00:17:42,634
Dylan, I wanted to bring this up
because the basic thought

426
00:17:42,634 --> 00:17:44,300
is if you're
a victim of gun violence,

427
00:17:44,300 --> 00:17:47,167
you can potentially sue
a gun seller or manufacturer.

428
00:17:47,167 --> 00:17:48,667
And I wanted to ask
how this would work,

429
00:17:48,667 --> 00:17:51,801
because federally, we have
this 2005

430
00:17:51,801 --> 00:17:54,000
Protection of Lawful Commerce
in Arms Act.

431
00:17:54,000 --> 00:17:55,534
I know you're all familiar
with this.

432
00:17:55,534 --> 00:17:58,367
Basically, it says the gun
industry cannot be held liable

433
00:17:58,367 --> 00:18:00,133
for the harm
coming from its products.

434
00:18:00,133 --> 00:18:01,868
Some thoughts about
what this bill is talking about,

435
00:18:01,868 --> 00:18:03,000
5078?

436
00:18:03,000 --> 00:18:04,300
-Yeah, well,
I think it's -- you know,

437
00:18:04,300 --> 00:18:06,133
it's important that
we incentivize industries

438
00:18:06,133 --> 00:18:08,100
that have a public health risk
to make sure

439
00:18:08,100 --> 00:18:13,133
that they are engaging with
their sales and folks

440
00:18:13,133 --> 00:18:16,534
who are purchasing
and acquiring firearms,

441
00:18:16,534 --> 00:18:18,868
just making sure
that we're as safe as possible.

442
00:18:18,868 --> 00:18:20,667
And, you know,
we want to make sure

443
00:18:20,667 --> 00:18:22,701
that we disincentivize
inappropriate behavior,

444
00:18:22,701 --> 00:18:25,934
including advertising practices
that target younger folks

445
00:18:25,934 --> 00:18:28,067
or over militarized,

446
00:18:28,067 --> 00:18:29,968
you know,
sort of advertising practices

447
00:18:29,968 --> 00:18:31,868
and just making sure that
the firearm industry members

448
00:18:31,868 --> 00:18:33,934
are responsible
members of society.

449
00:18:33,934 --> 00:18:37,334
And like we hold cigarette
manufacturers accountable

450
00:18:37,334 --> 00:18:40,133
for the public health threat
that they pose on society

451
00:18:40,133 --> 00:18:44,000
or fire or vehicle manufacturers
for a faulty product,

452
00:18:44,000 --> 00:18:46,267
We want to make sure
that folks in the industry

453
00:18:46,267 --> 00:18:48,400
are being incentivized
to behave responsibly.

454
00:18:48,400 --> 00:18:50,801
-A legal method by the states
has been successful

455
00:18:50,801 --> 00:18:53,567
in some cases, notably for
the families of the nine victims

456
00:18:53,567 --> 00:18:55,400
of the Sandy Hook
shootings in Connecticut.

457
00:18:55,400 --> 00:18:57,501
They won $73 million
in a settlement

458
00:18:57,501 --> 00:18:59,801
with Remington in that case.
-Well...

459
00:18:59,801 --> 00:19:01,167
-And I wanted to talk
about this --

460
00:19:01,167 --> 00:19:03,567
just what impact do you think
a measure like 5078

461
00:19:03,567 --> 00:19:06,133
could have in the state
of Washington if it passes?

462
00:19:06,133 --> 00:19:07,701
-Remington didn't
settle anything.

463
00:19:07,701 --> 00:19:10,000
Remington's insurers
settled that.

464
00:19:10,000 --> 00:19:12,734
Remington didn't even exist
when that happened.

465
00:19:12,734 --> 00:19:14,834
Remington, at that time --
-They were found liable,

466
00:19:14,834 --> 00:19:16,734
though --
-They had been dissolved,

467
00:19:16,734 --> 00:19:19,834
and the insurance companies
cut their losses.

468
00:19:19,834 --> 00:19:23,200
They decided to go
along with that.

469
00:19:23,200 --> 00:19:27,033
The notion that you hold
somebody's responsible

470
00:19:27,033 --> 00:19:30,567
financially for the harm
that's created by someone else

471
00:19:30,567 --> 00:19:32,868
using their product --

472
00:19:32,868 --> 00:19:34,601
believe me,
the auto manufacturers

473
00:19:34,601 --> 00:19:37,501
are watching this one
really closely.

474
00:19:37,501 --> 00:19:40,934
Again, I think we're going
to have to fall back

475
00:19:40,934 --> 00:19:43,133
on what is constitutional.
Cigarettes --

476
00:19:43,133 --> 00:19:46,734
there's nothing in the
Bill of Rights about smoking.

477
00:19:46,734 --> 00:19:52,634
And nobody thought
about vehicles back in 1791.

478
00:19:52,634 --> 00:19:55,934
And that's where the Supreme
Court ruling has taken us.

479
00:19:55,934 --> 00:19:59,834
-Trying to guide us in that way.
-And so here again,

480
00:19:59,834 --> 00:20:03,801
I think that when they run up
against the federal law,

481
00:20:03,801 --> 00:20:06,834
especially in light
of the Bruen ruling,

482
00:20:06,834 --> 00:20:08,234
we're going to see
a lot of attorneys

483
00:20:08,234 --> 00:20:09,834
making a lot of money.
-Okay.

484
00:20:09,834 --> 00:20:11,868
I guess I just want to get
to that basic point, though.

485
00:20:11,868 --> 00:20:14,634
What responsibility
does the gun industry

486
00:20:14,634 --> 00:20:16,267
have to reduce gun violence?

487
00:20:16,267 --> 00:20:19,267
Do you think they have none?
I mean, what are you saying?

488
00:20:19,267 --> 00:20:21,367
-I don't know anybody
in the firearms industry

489
00:20:21,367 --> 00:20:22,868
who isn't responsible.

490
00:20:22,868 --> 00:20:27,701
I know a lot of those people.
I've dealt with them for years.

491
00:20:27,701 --> 00:20:31,968
No gun maker that I know of
has ever marketed a firearm

492
00:20:31,968 --> 00:20:35,767
just so somebody could go out
and commit mayhem with it.

493
00:20:35,767 --> 00:20:38,834
-Okay.
-You look at the number

494
00:20:38,834 --> 00:20:41,434
of firearms that are owned
in the United States right now,

495
00:20:41,434 --> 00:20:45,133
somewhere north of 400 million,
according to some estimates,

496
00:20:45,133 --> 00:20:50,968
and only a small fraction of
those firearms are ever involved

497
00:20:50,968 --> 00:20:54,634
in a violent crime.
-Okay.

498
00:20:54,634 --> 00:20:56,300
-The numbers here
in Washington state

499
00:20:56,300 --> 00:20:59,234
are kind of reflective of that.
We've probably got

500
00:20:59,234 --> 00:21:01,234
a million and a half
to 2 million gun owners

501
00:21:01,234 --> 00:21:02,334
in this state.

502
00:21:02,334 --> 00:21:07,467
I know we've got
almost 700,000 concealed

503
00:21:07,467 --> 00:21:10,234
pistol licenses in this state.

504
00:21:10,234 --> 00:21:13,734
Okay.-
-And rarely do any

505
00:21:13,734 --> 00:21:18,300
of those people ever get
involved in a violent crime.

506
00:21:18,300 --> 00:21:23,634
And so the gun manufacturers
market their products

507
00:21:23,634 --> 00:21:26,901
to the responsible consumer.

508
00:21:26,901 --> 00:21:30,968
If those guns are stolen
or whatever,

509
00:21:30,968 --> 00:21:32,934
they could be involved
in a crime.

510
00:21:32,934 --> 00:21:34,701
-I just think about this,
though, Dave.

511
00:21:34,701 --> 00:21:36,868
I mean, when you see ads
like Bushmaster

512
00:21:36,868 --> 00:21:39,534
saying, "Your man card
is being reissued,"

513
00:21:39,534 --> 00:21:41,968
and there's a photo of an AR-15,
I mean,

514
00:21:41,968 --> 00:21:43,334
what goes through your mind
when you see

515
00:21:43,334 --> 00:21:45,100
something like that?
Because I think some of

516
00:21:45,100 --> 00:21:47,234
these ads can be
inflammatory in some ways.

517
00:21:47,234 --> 00:21:48,667
-Well...

518
00:21:48,667 --> 00:21:52,467
I look at those ads as maybe
trying to sell a product

519
00:21:52,467 --> 00:21:56,300
to some 20-something guy
who who wants to play Rambo.

520
00:21:56,300 --> 00:21:57,567
I don't know. I mean,

521
00:21:57,567 --> 00:21:59,868
you look at those things
and you wonder, "Gee,

522
00:21:59,868 --> 00:22:03,100
maybe that's -- that's not
what would appeal to me

523
00:22:03,100 --> 00:22:06,033
as a firearms owner, as somebody
who wanted to buy one."

524
00:22:06,033 --> 00:22:11,868
But, you know, they have
a broad audience out there

525
00:22:11,868 --> 00:22:14,501
and sometimes, that gets people
to buy em.

526
00:22:14,501 --> 00:22:16,567
I don't think that appeals
to the kids at all.

527
00:22:16,567 --> 00:22:20,234
I think that's the early --
the 20-something people

528
00:22:20,234 --> 00:22:24,267
that are looking for maybe a gun
to shoot a three gun match

529
00:22:24,267 --> 00:22:26,667
or they want to go out
and compete someplace.

530
00:22:26,667 --> 00:22:29,100
Yeah.
-You know, that's --

531
00:22:29,100 --> 00:22:31,567
that's the kind of mentality
I think that's doing.

532
00:22:31,567 --> 00:22:33,834
-I think Dave just said it.
We don't want to market firearms

533
00:22:33,834 --> 00:22:36,267
to 20-somethings
that want to play Rambo.

534
00:22:36,267 --> 00:22:38,467
Right?
That's very dangerous, right?

535
00:22:38,467 --> 00:22:41,067
We can't control
for whether a young man

536
00:22:41,067 --> 00:22:44,601
who might have --
be experiencing

537
00:22:44,601 --> 00:22:45,767
a mental health crisis

538
00:22:45,767 --> 00:22:47,567
or be ideologically
motivated to violence.

539
00:22:47,567 --> 00:22:50,734
We certainly don't want to take
the risk of advertising firearms

540
00:22:50,734 --> 00:22:53,000
to that person.
And I will say, you know,

541
00:22:53,000 --> 00:22:55,033
Dave said that they're not
advertising to children.

542
00:22:55,033 --> 00:22:57,734
I push back on that.
There actually are

543
00:22:57,734 --> 00:23:00,400
a growing number
of advertisements from the --

544
00:23:00,400 --> 00:23:04,067
from the firearms industry,
specifically targeting children

545
00:23:04,067 --> 00:23:06,033
to try to make sure that
when they do turn of age,

546
00:23:06,033 --> 00:23:07,367
that they're buying
their products.

547
00:23:07,367 --> 00:23:10,534
There's an AR Junior product
on the market right now

548
00:23:10,534 --> 00:23:12,901
that is a scale model, AR-15

549
00:23:12,901 --> 00:23:14,300
that doesn't shoot live rounds,
of course,

550
00:23:14,300 --> 00:23:19,033
but it specifically, like,
looks like Dad's gun, right?

551
00:23:19,033 --> 00:23:21,000
If that's not marketing to kids,
I don't know what is.

552
00:23:21,000 --> 00:23:22,567
-All right. And let me --
I want to make sure

553
00:23:22,567 --> 00:23:24,200
I dive into some
of these legal issues.

554
00:23:24,200 --> 00:23:26,434
Dave brought this up earlier
with this Bruen decision here.

555
00:23:26,434 --> 00:23:30,267
Are you worried that any changes
the state makes to our gun laws,

556
00:23:30,267 --> 00:23:31,367
if these measures do pass,

557
00:23:31,367 --> 00:23:32,968
would not survive
a court challenge?

558
00:23:32,968 --> 00:23:36,934
-The Bruen decision and Heller
before it does not say

559
00:23:36,934 --> 00:23:39,634
that firearm safety laws
are unconstitutional

560
00:23:39,634 --> 00:23:41,901
and that all gun safety laws
are unconstitutional.

561
00:23:41,901 --> 00:23:45,167
In fact, both Scalia
in the Heller case

562
00:23:45,167 --> 00:23:46,501
and in both the majority

563
00:23:46,501 --> 00:23:49,033
and concurring opinions
for Bruen state,

564
00:23:49,033 --> 00:23:51,434
"This is not to be interpreted
as an end

565
00:23:51,434 --> 00:23:53,801
all on firearms regulation
laws."

566
00:23:53,801 --> 00:23:55,367
It just isn't that, right?

567
00:23:55,367 --> 00:23:57,267
So Bruen,
at an 80,000 foot level,

568
00:23:57,267 --> 00:23:59,701
was challenging a case
in New York

569
00:23:59,701 --> 00:24:03,234
that had a process
by which they issue CPLs,

570
00:24:03,234 --> 00:24:04,634
it's called "shall issue."

571
00:24:04,634 --> 00:24:06,267
So that law enforcement
could use discretion

572
00:24:06,267 --> 00:24:09,434
on whether or not
they actually permitted somebody

573
00:24:09,434 --> 00:24:14,667
to own a CPL based on local
law enforcement discretion.

574
00:24:14,667 --> 00:24:16,834
That was the part
that was ruled unconstitutional.

575
00:24:16,834 --> 00:24:18,267
And the other important
part of Bruen

576
00:24:18,267 --> 00:24:20,434
is that they ended
what's called the two-step test.

577
00:24:20,434 --> 00:24:22,467
And I promise I'm going
to go quickly as possible.

578
00:24:22,467 --> 00:24:23,934
-Please, yeah, yeah do it.,
-So the two-step test

579
00:24:23,934 --> 00:24:27,934
was a process by which courts
of appeals around the country

580
00:24:27,934 --> 00:24:29,934
processed Second Amendment
claims.

581
00:24:29,934 --> 00:24:32,834
The first step being whether
or not the government

582
00:24:32,834 --> 00:24:35,767
can prove
that the regulated behavior

583
00:24:35,767 --> 00:24:38,667
or the dispositional behavior
around the firearm

584
00:24:38,667 --> 00:24:40,434
that they're looking to regulate

585
00:24:40,434 --> 00:24:42,634
is outside the scope
of the original intent

586
00:24:42,634 --> 00:24:44,434
of the Second Amendment.
That was step one.

587
00:24:44,434 --> 00:24:48,467
Step two is an evaluation
or an analysis

588
00:24:48,467 --> 00:24:52,734
on whether or not the law --
at how close the law gets to

589
00:24:52,734 --> 00:24:55,000
what they interpret as the core
of the Second Amendment,

590
00:24:55,000 --> 00:24:59,334
and what the legal -- the law's
burden on the right is.

591
00:24:59,334 --> 00:25:01,734
And so they're looking
for the government to prove

592
00:25:01,734 --> 00:25:07,267
that the law does not impugn the
core of the Second Amendment.

593
00:25:07,267 --> 00:25:10,100
And up until very recently,
like Dave says,

594
00:25:10,100 --> 00:25:12,701
courts of appeals interpreted
that core as self-defense

595
00:25:12,701 --> 00:25:14,567
in the home, per Heller.

596
00:25:14,567 --> 00:25:17,133
Now, what's happened after Bruen
is that two-step test

597
00:25:17,133 --> 00:25:19,367
has been thrown out
and firearms laws

598
00:25:19,367 --> 00:25:20,868
are now going to be looked at
under the lens

599
00:25:20,868 --> 00:25:23,834
of historical analysis
and historical precedent.

600
00:25:23,834 --> 00:25:27,067
Luckily, there's an ocean
of historical precedent

601
00:25:27,067 --> 00:25:28,901
around firearms law
around the country

602
00:25:28,901 --> 00:25:31,000
that we're starting to look
at more deeply.

603
00:25:31,000 --> 00:25:33,767
And why that's -- even with
that, why it's so dangerous,

604
00:25:33,767 --> 00:25:36,567
why the Bruens decision
is so dangerous is,

605
00:25:36,567 --> 00:25:38,934
you know, in 1810, 1820,

606
00:25:38,934 --> 00:25:41,234
the concept of domestic
violence, for example,

607
00:25:41,234 --> 00:25:43,934
and a prohibited person
around those behaviors

608
00:25:43,934 --> 00:25:45,267
was completely different.

609
00:25:45,267 --> 00:25:47,767
Women were more viewed
as property, for example.

610
00:25:47,767 --> 00:25:50,133
And it just sets us up for some
strange legal challenges

611
00:25:50,133 --> 00:25:51,801
and potentially
dangerous rulings.

612
00:25:51,801 --> 00:25:53,300
-Got it.
Dave, a lot to unpack there.

613
00:25:53,300 --> 00:25:55,167
Some thoughts about Bruen
and what Dylan's saying.

614
00:25:55,167 --> 00:25:57,667
-I'm not too sure
Bruen was dangerous at all.

615
00:25:57,667 --> 00:26:01,534
I think Bruen reminded us
that there's a constitution

616
00:26:01,534 --> 00:26:03,000
and that we have to live by it.

617
00:26:03,000 --> 00:26:05,868
We just can't invent things
as we go along.

618
00:26:05,868 --> 00:26:09,968
And that's been the problem
ever since the Heller ruling.

619
00:26:09,968 --> 00:26:16,734
The lower federal courts decided
to create this two step process.

620
00:26:16,734 --> 00:26:19,167
The Supreme Court last year
said, "No, wait a minute.

621
00:26:19,167 --> 00:26:22,167
That's not the way this works."

622
00:26:22,167 --> 00:26:27,868
And I think Clarence Thomas
was a genius when he wrote that.

623
00:26:27,868 --> 00:26:29,667
He said, "No, we can't do that.

624
00:26:29,667 --> 00:26:31,601
We're going to stick
with the Constitution

625
00:26:31,601 --> 00:26:33,868
because that's -- that's what
the country lives by."

626
00:26:33,868 --> 00:26:36,601
I don't know that
that's dangerous at all.

627
00:26:36,601 --> 00:26:39,834
Yes, we've got people who commit
crimes, dating back all the way

628
00:26:39,834 --> 00:26:43,801
to Adam and Eve and their sons,
Cain and Abel.

629
00:26:43,801 --> 00:26:45,968
Cain used a rock.
He didn't get a -- you know,

630
00:26:45,968 --> 00:26:48,534
it wasn't the rock's fault,
it was Cain's fault.

631
00:26:48,534 --> 00:26:50,000
-Okay. Okay. Alright.

632
00:26:50,000 --> 00:26:52,868
I appreciate all this back and
forth, and we need to wrap up.

633
00:26:52,868 --> 00:26:54,033
If we can do the 30-second
version,

634
00:26:54,033 --> 00:26:55,167
I'd really appreciate it.

635
00:26:55,167 --> 00:26:56,534
Dylan, some final thoughts
for lawmakers

636
00:26:56,534 --> 00:26:57,968
working on these issues
in Olympia.

637
00:26:57,968 --> 00:26:59,601
-It's the right thing to do.

638
00:26:59,601 --> 00:27:01,534
You know, we expect
that these laws

639
00:27:01,534 --> 00:27:04,400
will be challenged in court.
I think almost everything

640
00:27:04,400 --> 00:27:06,501
that we've passed
in the last several years,

641
00:27:06,501 --> 00:27:07,868
especially at
the ballot initiative level,

642
00:27:07,868 --> 00:27:08,901
has been challenged.

643
00:27:08,901 --> 00:27:10,667
They've been upheld.

644
00:27:10,667 --> 00:27:13,300
We are in a little place
in limbo in the Ninth Circuit.

645
00:27:13,300 --> 00:27:15,667
Like Dave says, there are
some things waiting to be

646
00:27:15,667 --> 00:27:18,167
ruled on and some things
that have gone back and forth.

647
00:27:18,167 --> 00:27:23,133
But it's not so certain or it's
not such a precarious position

648
00:27:23,133 --> 00:27:24,467
where we shouldn't do anything.

649
00:27:24,467 --> 00:27:26,400
And we feel really confident
about our ability

650
00:27:26,400 --> 00:27:27,701
to defend those things.

651
00:27:27,701 --> 00:27:29,667
And I mean,
the slate of gun violence

652
00:27:29,667 --> 00:27:31,567
prevention policies
on the docket this year

653
00:27:31,567 --> 00:27:34,267
are altogether
a huge step forward

654
00:27:34,267 --> 00:27:35,734
in public safety
and public health.

655
00:27:35,734 --> 00:27:37,467
-Thank you. 30-second version,
David, wrap up.

656
00:27:37,467 --> 00:27:40,033
-Well, I'm not sure
if it's a step forward

657
00:27:40,033 --> 00:27:41,968
to do something
that's unconstitutional.

658
00:27:41,968 --> 00:27:44,000
We've got to keep that
in perspective.

659
00:27:44,000 --> 00:27:46,801
And the ballot initiative
that's still in the court,

660
00:27:46,801 --> 00:27:48,167
it's still alive.

661
00:27:48,167 --> 00:27:51,367
And frankly, it was kicked back
for further consideration

662
00:27:51,367 --> 00:27:52,868
because of the Bruen ruling.

663
00:27:52,868 --> 00:27:56,601
So as I said earlier,
the Bruen ruling, you know,

664
00:27:56,601 --> 00:27:59,234
we're going to be exploring
a lot of strange,

665
00:27:59,234 --> 00:28:01,968
interesting ground from now on
because of that.

666
00:28:01,968 --> 00:28:03,701
-Okay. Thank you both
for your input here.

667
00:28:03,701 --> 00:28:05,767
And we will be right back.

668
00:28:05,767 --> 00:28:09,300
♪♪

669
00:28:09,300 --> 00:28:12,133
-What are people saying on
social media about the proposal

670
00:28:12,133 --> 00:28:14,133
to ban so-called
assault weapons?

671
00:28:14,133 --> 00:28:15,400
One person writes...

672
00:28:21,801 --> 00:28:22,968
Another person says...

673
00:28:30,133 --> 00:28:32,167
We'd like to know
what you think.

674
00:28:32,167 --> 00:28:35,567
Send us an e-mail
at contact@SeattleChannel.org

675
00:28:35,567 --> 00:28:39,767
or find us on Facebook,
Twitter, and Instagram.

676
00:28:39,767 --> 00:28:42,167
-Coming up next week,
more than half a million

677
00:28:42,167 --> 00:28:44,634
Washingtonians
face a hunger cliff

678
00:28:44,634 --> 00:28:47,934
as federal pandemic
food benefits come to an end.

679
00:28:47,934 --> 00:28:51,234
With increasing food prices
and shrinking donations,

680
00:28:51,234 --> 00:28:54,767
area food banks are struggling
to keep their shelves stocked.

681
00:28:54,767 --> 00:28:56,834
Hear from Congresswoman
Pramila Jayapal

682
00:28:56,834 --> 00:28:59,200
and other leaders
about the urgent work

683
00:28:59,200 --> 00:29:03,000
to combat food insecurity and
alleviate poverty in our state.

684
00:29:03,000 --> 00:29:04,934
That's on the next
"City Inside Out."

685
00:29:04,934 --> 00:29:06,400
I hope you join us.

686
00:29:06,400 --> 00:29:14,701
♪♪

687
00:29:14,701 --> 00:29:23,000
♪♪

