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Page A-40 - She/ton-Mason County Journal - Thursday, Feb. 14, 2019
law: Commissioner takes jabs at attorney general
continued from page A-1
are presumed constitutional. He added that cur-
rently no court has ruled Initiative 163,passed by
voters in November. unconstitutional.
"I will defend 1-1639 against any legal challenge,"
Ferguson states in his letter. "My office defeated the
legal challenge to the previous gun safety initiative
passed by the people, and I am confident we will de-
feat any constitutional challenge to Initiative 1639
as well. Local law enforcement officials are entitled
to their opinions about the constitutionality of any
law, but those personal views do not absolve us of
automatic rifles. Salisbury made his stance known
during the Feb. 5 business meeting of the Board
of Mason County Commissioners in Shelton. Later
that day, Salisbury released the contents of an email
he sent the day before to all Mason County Sheriffs
Office personnel.
"The concerns about the initiative are related to
the constitution, and the courts will have the op-
portunity to rule on the concerns raised," Salisbury
email reads. "The rule of law is about respecting the
voters, the courts, and' the law(s) themselves. We
will uphold the rule of law and respect the role of the
courts in interpreting the law."
these background checks.
"State lav =provides immunity to local law en-
forcement officers who run these
checks 'in good faith'," Ferguson's
letter reads. "However, in the
event a police chief or sheriff re-
fuses to perform the background
check required by Initiative 1639,
they could he held liable if there
is a sale or transfer of a. firearm
to a dangerous individual prohib-
ited from possessing a firearm and
that individual uses that firearm Ferguson
our duty to enforce Washington laws and protect the
people."
A week earlier, Salisbury stated his opposi-
tion to enforcing the measure, which requires en-
hanced background checks for the purchase of semi
The enhanced background checks on semiauto-
matic rifles are the same as the ones the state cur-
rently requires to purchase a handgun. Fergus0n
says that just as with handguns, it is the require-
ment of local law enforcement officials to perform
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Late last month, Kevin Shutty, Board of Mason
County Commissioners chair, drafted a resolution
that states the BOCC's opposition to [-1639. The
resolution directs Salisbury to submit a report re-
garding the enforcement of 1-1639 and future fire-
arm regulation within 30 days of passage ofthereso-
lution. That resolution was expected to pass during
Wednesday's rescheduled BOCC business meeting,
but that was cancelled due to inclement weather.
The agenda for the BOCC's next scheduled business
meeting on Feb. 19 wasn't posted to the county'S
website as of Wednesday morning.
"NOW, THEREFORE BE IT RESOLVED by the
Board of Mason County Commissioners that the
Board of Commissioners does hereby oppose the im-
plementation of 1-1639 or the enactment of any leg-
islation that would infringe upon the lawful rights of
its residents to keep and bear arms, and would con-
sider such laws to be unconstitutional and beyond
lawful application of its legislative and governance
authority or duties," reads Shutty's resolution.
Shutty sent a message Tuesday to the Journal re-
garcting Ferguson's letterto law enforcement.
"While I'm glad to see Attorney General Fergu-
son turned his attention away from suing the fed-
eral government over policies he finds politically
unsuitable, I'm disappointed he would threaten
independently elected sheriffs and law-abiding
citizens," Shutty wrote. "The constitutional con-
cerns our sheriffs and constituents raise regard-
ing 1-1639 should be taken seriously by the attor-
ney general, who has spent thousands of taxpayer
dollars and staff resources pursuing his own po-
litically motivated legal action while in office. I
encourage him to listen to the concerns folks have
outside Seattle's political bubble, respect the opin-
ion of local law enforcement officials and allow the
courts to evaluate the constitutionality of the ini-
tiative."
A message left for Salisbury on his cellphone
voicemail at 4:11 p.m. Tuesday seeking comment
was not returned as of 10 a.m. Wednesday morning.
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