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I-594 is bearing fruit: The legal nightmare of Hunter Education class in Washington State

Remember this from class? How to safely go over an obstacle?

hunter ed

Thanks to Moms and Bloomberg, this simple act of teaching safety went from what is pictured above to the following:

From the Washington Hunting Forum:

State of Washington
DEPARTMENT OF FISH AND WILDLIFE
Mailing Address:  600 Capitol Way N, Olympia, WA 98501-1091 • (360) 902-2200 • TDD (360) 902-2207
Main Office Location: Natural Resources Building, 1111 Washington Street SE, Olympia, WA

December 2, 2014

M E M O

To:      Hunter Education Instructors

From:      David Whipple, Hunter Education Division Manager

SUBJECT:   ANALYSIS OF INITIATIVE 594

Dear Instructors,

During the November election, the voters enacted Initiative 594, concerning background checks on firearm sales and transfers.  I-594 becomes effective on December 4, 2014.  The Department of Fish and Wildlife (WDFW), in close consultation with our legal counsel in the Attorney General’s Office, has assessed the potential effects of I-594 on the Hunter Education Program, our instructors, and our prospective students.  We do not believe that I-594 will significantly affect the program.

I will briefly summarize our analysis below.  More detail will follow in the next few days.
•   I-594 requires that all firearms sales or transfers in Washington be subject to background checks and be made through licensed dealers, unless specifically exempted.
•   I-594 exempts all law enforcement agencies from the background check/transfer requirement. WDFW, as a general authority Washington law enforcement agency pursuant to RCW 10.93.020(1), is therefore exempt from this requirement.  Any firearms purchase, sale or transfer to or from WDFW or WDFW employees when acting within the scope of their authority, is exempt from the background check/transfer requirement in I-594.
•   The Hunter Education Program is a WDFW program authorized by state law pursuant to RCW 77.32.155(1)(a).  Hunter Education Instructors, when in formal volunteer status for WDFW and acting within the scope of their authority for purposes of the Hunter Education Program, act on behalf of WDFW, and are therefore exempt from the background check/transfer requirements.  This exemption extends to Hunter Education Instructors whether or not they are actually in the classroom, provided that they are in formal volunteer status for WDFW and acting within the scope of their authority for purposes of the Hunter Education Program.  (Firearms transfers by Hunter Education Instructors that are not for the purpose of the Hunter Education Program and within the scope of their authority as WDFW volunteers, are not entitled to this exemption.)
•   Transfers of firearms between Hunter Education Instructors (when in formal volunteer status for WDFW and acting within the scope of their authority for purposes of the Hunter Education Program) and sports clubs, gun clubs, and other non-governmental organizations (NGOs) are also exempt from the background check/transfer requirements.
•   Transfers of firearms between Hunter Education Instructors and Hunter Education students are also exempt from the background check/transfer requirements of I-594, when the Hunter Education Instructors are in formal volunteer status for WDFW and acting within the scope of their authority for purposes of the Hunter Education Program.  Again, this is because the firearm transfer is to or from Hunter Education Instructors acting on behalf of WDFW, a law enforcement agency.
•   I-594 contains limited specific exemptions for certain temporary transfers of firearms kept at shooting ranges and temporary transfers of firearms to persons under the eighteen for educational purposes.  Although Hunter Education instruction is an educational purpose and may occur at a shooting range, these two exemptions do not limit or override the broader background check exemption applicable to law enforcement agencies. Therefore, within the constraints described above, transfers of firearms between volunteer Hunter Education Instructors and students are exempt by virtue of WDFW being a law enforcement agency, regardless of the age of the student, and regardless of whether the firearm is removed from a shooting range.
•   Although we are still evaluating I-594, it does not initially appear that student-to-student transfers of firearms would fall within the general WDFW exemption for law enforcement agencies.  For students under eighteen, however, temporary firearms transfers for educational purposes are exempt if the student is under the direct supervision and control of a responsible adult (such as a Hunter Education Instructor) who may lawfully possess firearms.   Students eighteen and older are not entitled to this exemption.  However, regardless of the age of the person, temporary transfers that occur at an established, authorized shooting range are also exempt, if the transfer occurs, and the firearm is kept at all times, at the range.  If adult student-to-student transfers are not exempt, then adult students may, without triggering I-594’s background check/transfer requirements—
   Use inert firearms or air rifles (which do not meet the definition of a firearm); or
   Hand their functional firearms to an instructor who then hands it to the other student.

In summary, the transfer/background check exemption I- 594 applies to the following transfers of firearms to or from WDFW Hunter Education Instructors while in formal volunteer status for WDFW and acting within the scope of their authority for purposes of the Hunter Education Program:
•   Between WDFW employees and Hunter Education Instructors
•   From one Hunter Education Instructor to another Hunter Education Instructor
•   Between Hunter Education Instructors and NGOs
•   Between Hunter Education Instructors and students

Additionally, student-to-student transfers may also be exempt under the circumstances and for the reasons described above.   Where such transfers are not exempt, we believe that minimal changes to classroom procedures will avoid conflicts with I-594.   

Because nothing attracts more gangbangers and dangerous felons than a good Hunter Safety class.

Hat Tip to Jay H.

Tactical Fan Fighting? Meet my Mom.

Via ENDO:

This guy can be all the ninja he wants, but he would not last 10 seconds in a fan fight with my 83-year-old mother.

Mom is old school Spaniard and even though she was raised just a poor farm girl, she did learn and carried (and still carries) a fan for those nasty summer days outside the confines of an air-conditioned venue.

The fan also served as behavior modification tool to control her not-so-well-behaved child who may need a quick attitude adjustment in public. For many years she carried one made of “nacarina” which is simply artificial nacre but harder.  And it was hard as heck as my assaulted body parts will testify.

And now that I realize it, she would escalate according to the situation just as any police officer would do with the tools available in his belt. A quick and noisy deployment of the fan would be an attention-getter, sort of discrete warning that I might not be acting properly and she was watching. The next step would be a closing and again a noisy opening this time followed by a fast wave of the fan as she was overheated; that was pretty much the last warning you got.

If I was sitting next to her and not behaving properly, the fan would close and 12 ultra hard spikes would suddenly be jammed on my side. They were not sharp or pointy, but I swear she could penetrate the thoracic cavity if she wanted it. That hurt!

The other punishment option was the fan closed and used as baton. yes, amazingly so and properly applied that thing would bring anybody down. Most of the time she would just tap me on top of the head hard enough to get my attention but not enough to draw blood. She would use the “accordion” side (all blades on top of each other) which would add sound but not extra pain.

Now, if I had managed to royally piss her off, she would use the hard side (all blades next to each other) and go for an ear punch. Forget ASP, forget Monadock batons and truncheons: this puppy properly applied would bring down the most hyperactive 8-year-old anywhere…and is she missed and caught the jaw line under the ear? Lights out for Miguelito.

Her old fan finally gave up the ghost after 40 years of faithful service. She asked me to get her a replacement, but she wanted something light & smaller because she was not young anymore and didn’t want to carry such a big contraption.  Seeing this was my chance for safety, I got her a delicate-looking fan made of sandalwood, almost a veneer that I was afraid to open for I was sure it would break. I gave it to her and she loved the size, lightness and the smell of the wood. With a hint of a smirk, I turned around confident I was finally safe from her attacks.

She poked me hard on the ribs…. for old times’ sake she said.

MUJERMEDIEVALCONABANICO
They are evil Spaniard Ninjas. (Not real Mom, but enough for comparison)

 

Mobs: You can’t fight physics no matter the caliber.

Hillsborough Stadium in Sheffield

The Hillsborough disaster occurred on 15 April 1989 at the Hillsborough Stadium in Sheffield, England. During the FA Cup semi-final match between Liverpool and Nottingham Forest football clubs, a human crush resulted in the deaths of 96 people and injuries to 766 others. The incident has since been blamed primarily on the police for letting too many people enter the stadium. It remains the worst stadium-related disaster in British history, and one of the world’s worst football disasters, – From Wikipedia.

I hate/ am scared of mobs, but if you have followed my blog you’d know that by now.

This article sheds some strategies you may wanna follow if you have to attend locales with high concentration of other human beings. Remember that fear is contagious, stupidity even more so and when both are combined with crowds, the results are downright deadly.

And there is always on-line shopping with free delivery.

Dumb comment of the day

I was checking my daily intel dump when I came across an article about Moms Demand sub-chapter delivering some signatures to Fred Meyer’s HQ in Portland. nothing new, but one of the comments once again bring about the wisdom of Liberalism mixed with Free Pot and the need for some people to exercise their Miranda Rights even when no criminal action has taken place.

oregon open carry comment

 

It seems that criminals in Oregon do not hide their weapons before doing their misdeeds. How charming of them!

How do these people manage to breathe without detailed instructions and a coach is just amazing.

Talismans, Curves, Phases and Gates – Misfires And Light Strikes

The fact is, it looks like the Taurus Curve is a great gun for all the phases of a lethal force encounter up to the application of lethal force, and it’s a pretty good gun for that last part as well. It’s not a gun I would carry, but that doesn’t mean it’s a) a bad gun or b) a gun that other people will carry and use to save their lives

via Talismans, Curves, Phases and Gates – Misfires And Light Strikes.

After the initial double reaction of “OMG, JMB would never do something so ugly, heresy!” and “It is a Taurus therefore crap. Gimme a 1911.” it seems that The Curve is starting to make sense to more people.

 

The Bretherick Case explained by Andrew Branca

If Andrew ever bills me for me abusing his site, I am gonna be in deep you-know-what.
It is gonna be a long post so, make time to read it. Knowing the law is as important as doing an emergency reload.

I should note that although I certainly would agree that this is a legal issue worth of consideration and decision by the Florida Supreme Court, it’s difficult to see how Jared Bretherick will benefit regardless of the outcome on the issue of who bears the burden of proof.  While he may–may–be able to sustain a reasonable doubt as to whether his conduct was lawful self-defense at trial, on the facts before us I simply do not see any reasonable argument to be made that it was more likely than not that his conduct was lawful self-defense.

As always, if you’re going to be prepared to use a firearm in self-defense, know the law.

via Stand Your Ground | Self-defense Immunity | Bretherick.