{"id":8376,"date":"2013-02-16T08:10:49","date_gmt":"2013-02-15T13:44:44","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2013-02-15T13:44:44","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=8376","title":{"rendered":"WA’s SB 5737’s \u00a7 2(5)(a) on inspection of assault weapons in the home violates Fourth Amendment"},"content":{"rendered":"

examiner.com: Washington gun control proposal said to violate Fourth Amendment to Constitution<\/a>, referring to an assault weapon limit in SB 5737<\/a>. Section 2(5)(a) provides:<\/p>\n

(5) In order to continue to possess an assault weapon that was legally possessed on the effective date of this section, the person possessing the assault weapon shall do all of the following:
\n(a) Safely and securely store the assault weapon. The sheriff of the county may, no more than once per year, conduct an inspection to ensure compliance with this subsection; …\n<\/p><\/blockquote>\n

I suspect the “no more than once a year” is taken from the federal firearm’s licensee law that permits ATF to inspect sales records no more than once a year. An FFL is a highly regulated business by definition, with a history of regulation as stated in United States v. Biswell<\/a>, 406 U.S. 311 (1972). <\/p>\n

Can it be said that possession of an assault weapon is per se to become a highly regulated activity? I don’t think so. Therefore, \u00a7 2(5)(a) violates the Fourth Amendment by requiring the homeowner to submit to an inspection of the home from the Sheriff as to whether the gun is safely stored. I don’t even think the Sheriffs would want to be involved. (But query: Is is possible for something new to become highly regulated in short order? We may get to see with this if it passes.)<\/p>\n

When some headline screams “Fourth Amendment violated by …,” I have to look. Usually they are wrong or exaggerating. This one isn’t.<\/p>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-8376","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/8376","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=8376"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/8376\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=8376"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=8376"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=8376"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}