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Judge tosses challenge to expanded gun-background checks
seattle-news ^ | 5/7/2015 | GENE JOHNSON

Posted on 05/08/2015 9:46:30 AM PDT by rktman

A federal judge on Thursday threw out a lawsuit challenging parts of Washington state’s new law expanding background checks on gun transfers, saying gun-rights activists couldn’t challenge it because they aren’t being prosecuted for violating it.

U.S. District Judge Benjamin Settle in Tacoma ruled that opponents of the law didn’t have standing to challenge the parts of Initiative 594 that required background checks for noncommercial gun transfers. To challenge the law, the plaintiffs must show they’ve been actually prosecuted or at immediate risk of being prosecuted, he said.

(Excerpt) Read more at seattletimes.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Government; US: Washington
KEYWORDS: 2a; banglist; guncontrol; wa; washington
So, looks like someones needs to be a martyr in order to file a suit for being unjusly prosecuted for violating 594. Heads up Nevada, we're in the crosshairs (so to speak) of the momunists and nannie bloomers with the ballot initiative on the '16 ballot. Oregon, looks like you're there already.
1 posted on 05/08/2015 9:46:30 AM PDT by rktman
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To: rktman

I get irritated with the debates over standing. Only law-abiding citizens are inconvenienced by that dodge, and questions of standing push us toward far less respect for the law than a rational legal system would deserve.


2 posted on 05/08/2015 9:48:59 AM PDT by Pollster1 ("Shall not be infringed" is unambiguous.)
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To: rktman
A federal judge on Thursday threw out a lawsuit challenging parts of Washington state’s new law expanding background checks on gun transfers, saying gun-rights activists couldn’t challenge it because they aren’t being prosecuted for violating it.

I don't understand this part. We never seem to have standing.

However, environmentalists seem to have standing to sue for some bug or weed that may or may not have value to anyone. They can sue for climate change damage that might happen hundreds of years from now if their suppositions are right.

3 posted on 05/08/2015 9:52:55 AM PDT by oldbrowser (The have-nots want more and the haves are wearing thin.)
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To: rktman

More judicial insanity.

You have to become a criminal in order to challenge the constitutionality of a law?

NONSENSE!


4 posted on 05/08/2015 9:59:03 AM PDT by Iron Munro (We may be paranoid but that doesn't mean they aren't really after us)
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To: rktman
So, looks like someones needs to be a martyr in order to file a suit for being unjusly prosecuted for violating 594.

That's pretty much how standing has devolved our legal system.

5 posted on 05/08/2015 10:03:21 AM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: OneWingedShark

Well for conservative issues. For libs, just the mere intimation is cause enough.


6 posted on 05/08/2015 10:05:56 AM PDT by rktman (Served in the Navy to protect the rights of those that want to take some of mine away. Odd, eh?)
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To: oldbrowser

>> A federal judge on Thursday threw out a lawsuit challenging parts of Washington state’s new law expanding background checks on gun transfers, saying gun-rights activists couldn’t challenge it because they aren’t being prosecuted for violating it.
>
> I don’t understand this part. We never seem to have standing.

You have standing only when it’s convenient.
Just like how laws are enforced [or not] when it’s convenient.
Thus the Judiciary stamps about spreading injustice and tyranny, all the while wrapping it in “the law” and demanding that it [which is their will] be respected.


7 posted on 05/08/2015 10:06:10 AM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: Iron Munro

> You have to become a criminal in order to challenge the constitutionality of a law?
>
> NONSENSE!

It’s exactly what I was told when I asked about challenging SD’s gun laws banning firearms in government buildings, despite their own Constitution saying:
Art 6, § 24. — Right to bear arms. The right of the citizens to bear arms in defense of themselves and the state shall not be denied.


8 posted on 05/08/2015 10:08:21 AM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: Pollster1

Why can’t we the people argue that the legislators DON’T HAVE STANDING.

Nothing but legalize crap meant to corral the sheeple.


9 posted on 05/08/2015 10:08:38 AM PDT by George from New England (escaped CT in 2006, now living north of Tampa)
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To: oldbrowser

Our esteemed Congress has given environmentalists standing by law.


10 posted on 05/08/2015 10:08:45 AM PDT by therut
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To: George from New England
Why can’t we the people argue that the legislators DON’T HAVE STANDING.

At least at the federal level, legislators do not have standing for most of what they have done in the past two generations:

Ninth Amendment - The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Tenth Amendment - The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

11 posted on 05/08/2015 10:21:03 AM PDT by Pollster1 ("Shall not be infringed" is unambiguous.)
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To: Pollster1

Hear! Hear!
You are spot on, Pollster1.


12 posted on 05/08/2015 10:24:49 AM PDT by PubliusMM (RKBA; a matter of fact, not opinion. 01-20-2017; I pray we make it that long.)
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To: rktman
We hear the No Standing ruling a lot these days, especially since obozo was put in the WH. Clearly it is a common excuse to dismiss any legal challenge by any anti-Constitutionalist judge to rule against any illegal law or illegal act to our Constitution that has been promoted by the government and is supported by the liberal communist cause. Clearly those judges are biased and need to be removed from the bench and then taken out back and beaten to a pulp.
13 posted on 05/08/2015 10:30:51 AM PDT by drypowder
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To: OneWingedShark
It’s exactly what I was told when I asked about challenging SD’s gun laws banning firearms in government buildings

Oh - I believe that's what they do. I just think it is nonsense and not what the Founders intended.

14 posted on 05/08/2015 11:35:53 AM PDT by Iron Munro (We may be paranoid but that doesn't mean they aren't really after us)
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To: oldbrowser
However, environmentalists seem to have standing to sue for some bug or weed that may or may not have value to anyone. They can sue for climate change damage that might happen hundreds of years from now if their suppositions are right.

Because the left writes their pet laws to give ordinary citizens standing to sue.

15 posted on 05/08/2015 12:11:47 PM PDT by Hugin ("Do yourself a favor--first thing, get a firearm!")
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To: rktman

our borders, no standing

our elections, no standing

our Constitutional rights, no standing

our government answering to “US”, no standing

our courts, judges, congress, senate, white house, no standing

illegal immigrants >>>>>>> STANDING OUT THE KAZOO


16 posted on 05/08/2015 12:59:31 PM PDT by DoughtyOne (Conservatism: Now home to liars too. And we'll support them. Yea... GOPe)
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