Its goin’ down

As I write this it is rolling over to ten o’clock, and in Olympia, WA my elected representatives are debating as to whether Concealed Pistol License holders such as myself will be allowed to carry concealed on college and university campuses. As I wrote about yesterday, I have updated that post with my letter sent off to the members of the committee hearing the bills in question.

One other that was sent to me is House Bill 3095 which takes away a person’s right to trail by jury if their mental health comes into question.

The Washington State House Judiciary Committee cast its votes today to strip Washington gun owners of the right to a trial by jury. Since at least 1959, Washington citizens have had the right to a jury trial with a standard of “clear, cogent, and convincing evidence” before losing their right to bear arms due to being involuntarily committed for an alleged mental health illness.

House Bill 3095, sponsored by Committee Chairwoman Rep. Pat Lantz (D-26), effectively removes these protections by stripping citizens of their right to bear arms, perhaps permanently, after being involuntarily committed for a mere 14 days. In these “probable cause” hearings there is no jury, no elected judge, and the standard of guilt is a mere preponderance of the evidence.

“Setting aside the question of whether or not people should lose their right to bear arms after being involuntarily committed, it is inexcusable to deprive Washingtonians of the fundamental right to a jury trial and a reasonable standard of guilt,” noted CCRKBA Executive Director Mark A. Taff. “What other fundamental rights are our legislators willing to remove without the benefit of a jury trial?”

Taff noted that alleged armed robbers and child molesters have a fundamental right to a unanimous verdict by a jury of their peers with the highest possible standard, “beyond a reasonable doubt”. Even in civil cases, the Washington Constitution dictates that “right of trial by jury shall remain inviolate.”

“We are continuing to work with the legislature to amend this unconstitutional bill to protect two of the most highly regarded rights of Washingtonians: the right to bear arms and the right to a jury,” Taff stated. “While some committee members have made a terrible error by voting to strip gun owners of the right to a jury, there is still time for them to correct their error and amend this bill to respect our fundamental civil liberties.”

“All Washingtonians should contact their legislators to remind them we cherish our civil liberties,” Taff urged.

Voting to strip the right to a jury include Representatives Lantz, Goodman, Flannigan, Kirby, Moeller, Pedersen, & Williams. Voting to respect the right to a jury include Representatives Rodne, Warnick, Ahern, and Ross.

Representative Warnick deserves special credit for her staunch support of basic civil liberties. “We hope Rep. Warnick’s example will encourage the legislature to amend this bill to respect the right to a jury trial, so that all legislators can support this bill in good faith,” concluded Taff.

It looks as though it is being sent to the House Appropriations Committee. I’ll be writing up another letter for this one over the weekend.

Involuntary committals and Star Chamber hearings to remove your right to ever touch another firearm. While I never want to see a gun in the hands of those who cannot properly respect their power, this is just not the right way to go about it.