Tag Archives: 2nd Amendment

Fortunato Opposes Unconstitutional Permit-to-Purchase Legislation

Sen. Phil Fortunato, R-Auburn, continues to voice strong opposition to House Bill 1163, calling the proposed firearms permitting law “a blatant and dangerous assault on constitutional rights.” Despite his broader objections to the bill, one amendment sponsored by Fortunato was adopted by the Senate.

HB 1163 would require Washington residents to obtain a permit to purchase any firearm. The application process includes live-fire safety training, fingerprinting, submission of personal data, a background check, and the payment of multiple fees. Fortunato argues the bill violates the Second Amendment of the U.S. Constitution, as well as stronger protections found in the Washington State Constitution.

“This is not just bad policy, it’s unconstitutional,” Fortunato said. “The government cannot convert a fundamental right into a privilege that must be bought, licensed, and approved by bureaucrats. If you have to ask for permission, it’s not a right.”

Under the bill, the Washington State Patrol would administer the permitting system, issue permits or denials, and track permit holders over time. The legislation includes annual eligibility reviews and mandates data sharing between health institutions, law enforcement, and the background check program.

Fortunato’s amendments to exempt concealed carry holders and to reimburse costs should the bill be ruled unconstitutional, similar to what was done in the Blake decision, were rejected by the other side of the aisle.

“This bill won’t stop criminals. It will only make it harder for law-abiding citizens, especially victims of domestic violence and working-class Washingtonians, to protect themselves,” said Fortunato. “Criminals don’t wait for permits or take classes. This is about control, not safety.”

Fortunato raised concerns that the measure would disproportionately impact low-income residents and put additional burdens on victims of domestic violence where access to certified firearms instructors is limited and time off for mandated training can be burdensome.

Of the 15 Republican amendments offered to address the burdensome training, only one Fortunato amendment was accepted to exempt armed private investigators and armed security guards who already have to pass similar training requirements as police officers.

“The Legislature is playing politics with public safety while ignoring the real drivers of gun violence, crime, not legal gun ownership,” he said. “If they were serious about protecting people, they’d be funding law enforcement and fixing the broken court system.”

Fortunato also warned that HB 1163 could open the door to expensive legal challenges, citing recent U.S. Supreme Court rulings that overturned similar laws in other states.

“This kind of overreach gets struck down in court and wastes taxpayer money,” Fortunato added. “Washingtonians deserve better than unconstitutional showboating from Olympia.”

Fortunato introduces legislation to protect privacy of concealed pistol license holders

Sen. Phil Fortunato has cosponsored legislation in the first week of session to protect the privacy of concealed pistol license holders in Washington. Senate Bill 6173 would clarify state disclosure laws concerning information of concealed pistol license holders. The state Department of Licensing recently asked the less-than-gun-friendly state attorney general for guidance on whether the personal information of concealed pistol license holders is subject to the state’s public disclosure laws.

“I am very concerned that the privacy of law-abiding citizens will be infringed,” said Fortunato, R-Auburn. “I predicted before the session that anti-gun legislators who now control of all levels of state government could be problematic for gun owners in our state. The fact that a state agency is seeking this guidance when state law is clear necessitates legislative action.”

Current state law “exempts copies or records applications for concealed pistol licenses,” as noted in the Department of Licensing’s letter to the AG.

“If these anti-gun advocates are bent on invading people’s privacy, and the attorney general obliges, I think it is fitting that his personal information should be released,” said Fortunato.

Senate president’s gun ban an opening salvo against 2nd Amendment

Sen. Phil Fortunato responded strongly today to a new rule from the state’s Democrat lieutenant governor that will ban firearms from the Senate’s public gallery. In a hand-delivered letter to the lieutenant governor, whose duties include presiding over the Senate; Fortunato outlines numerous concerns with the ban, including its legality and enforceability.

“It’s no coincidence this ruling came right after the certification of the election giving the Democrats a majority in the Senate,” said Fortunato, R-Auburn. “This is just the first salvo of what I believe will be many anti-Second Amendment policies. The lieutenant governor’s actions merited an immediate response that challenges this ideologically driven, unnecessary and unconstitutional rule.”

In a letter explaining his decision to implement the ban on firearms once the Senate convenes Jan. 8 for the 2018 legislative session, the lieutenant governor cited the rule that defines the Senate president’s duties. Fortunato said a closer review of the Senate’s rules reveal no authority to restrict firearms.

“As presiding officer of the Senate, the lieutenant governor can do many things to preserve the decorum of the proceedings,” said Fortunato. “However, violating the public’s constitutional rights is not one of those. People lawfully carrying a concealed weapon is not a disruption and this action is unenforceable for numerous reasons that I’ve pointed out in my letter.”

Click here to read Fortunato’s letter.