Tag Archives: Constitution

Senate Freedom Caucus ready for last stand in attack on Second Amendment rights

Senators remember Alamo, face overwhelming odds, prepare to defend U.S. Constitution

As the Washington Senate readies for debate on Democrat-sponsored bills imposing severe new restrictions on gun ownership statewide, members of the Senate Freedom Caucus vow a last-ditch defense of Second Amendment rights.

Members of the Freedom Caucus, a group of senators concerned with the preservation of constitutional rights, say they know the odds are daunting, but they won’t let it dampen their fighting spirit. They are drawing a bead on House Bill 1240, a bill that would ban the sale of rifles with magazines of 10 rounds or more, and House Bill 1143, which would require gun purchasers to present certificates demonstrating they have completed a state-approved gun-safety training course.

The two measures have already passed the state House and appear good bets for passage in the Washington Legislature, as both chambers are under Democratic Party control. The rifle ban is on the Senate’s calendar and is posed for a vote at any moment.

Freedom Caucus member Phil Fortunato, R-Auburn, said he was so disturbed by the Legislature’s lack of understanding that he introduced a bill creating a special course for lawmakers on firearms issues, and requiring their attendance.

“If I thought even for a moment that these bills would protect our children, I would vote for them,” said Sen. Phil Fortunato, R-Auburn. “Instead, we are debating a political agenda that does nothing to make us safer. Every year we see new efforts to make it more difficult for law-abiding gun owners to exercise their right to bear arms. Keeping faith with the people requires us to fight for them, and for the survival of our constitutional freedoms.”

Another bill with sweeping impact on availability of firearms already has passed the Washington Senate this year and awaits action in the House. Senate Bill 5078 would allow the attorney general’s office to sue firearms manufacturers and dealers for improper use of weapons, a novel approach that could force firearms off the market in Washington state for liability reasons.

The senators call the bills an unusually direct assault on Second Amendment rights and the even-stronger guarantee offered by the Washington state constitution. The Washington constitution declares the “right of the individual citizen to bear arms in defense of himself, or the state, shall not be impaired.”

The senators say the bills offer a clear impairment of the right to bear arms. They note the so-called “assault weapons” ban would encompass many commonly used rifles, including modern sporting rifles and others typically employed in target practice. They observe the training requirement places a cumbersome impairment on a constitutional right guaranteed to all U.S. citizens. And they say the bill allowing lawsuits against gun manufacturers is akin to suing GM and Ford for drunk-driving accidents.

Washington gun laws already go far beyond federal requirements, and the senators say national concerns have little to no bearing on Washington state. They point out Washington has passed 37 firearms-related restrictions since 2015, and is recognized as the 10th most-regulated state by the Giffords Law Center to Prevent Gun Violence.

The senators anticipate a lengthy debate in the Senate that will explore every nuance of the issue. They note that the House spent four hours and 45 minutes debating the two bills before they came to the Senate.

Fortunato tests new Senate COVID rules, is escorted off Capitol Campus

On the opening day of the 2022 legislative session, state Sen. Phil Fortunato put new COVID-related rules to the test. The Senate majority approved requirements for in-person participation in the Senate Chamber, but Fortunato argues that the rules are arbitrary, illogical and don’t supersede his constitutional duties.

“The Senate majority rammed through these rules that don’t pass constitutional muster,” Fortunato argues. “We have now been in an “emergency” for nearly 700 days and it’s becoming clearer that this virus is something we are going to have to live with. It is time to return to normal proceedings and Zoom is not a substitute to being able to represent my constituents on the Senate Floor.”

Fortunato, R-Auburn points to flaws in the safety measures, like weekly testing that undermine the new rules altogether.

“They are saying we cannot be in person unless we receive a negative test result from a test that they agree can give false positives or negatives. One of our members just got back their test results – the only problem is that they never got a test.

“At some point in time we have to push back, and I intend to at every step of the way. I believe the Governor and the Democratic majority, under the guise of public health, have instituted policies that violate our rights and endanger our democracy.”

Testing of legislators and staff multiple times a week when tests for schools and front-line workers are running out sends the wrong message, added Fortunato. “Requiring testing of people with no symptoms when there is a shortage of tests is ridiculous. Why does the majority think we are so special that we should be taking these valuable resources? We are not more important than the people paying our salaries that have had to work this entire pandemic without any safety measures in place.”

When the Senate administration learned that Fortunato entered the Legislative Building without undergoing required testing, Senate Security was called to escort the Senator out, barring him from even participating remotely in his office.

“There are significant questions raised by limiting access to the Senate chamber through rules that add qualifications to the constitutional minimum required be able to exercise the elected office,” said constitutional legal expert Joel Ard. “Fortunato’s principled stand sends a message that constitutional rights, especially for elected leaders, don’t stop at the chamber door.”

Fortunato indicated that he will again attempt to participate in the legislative proceedings in person this Wednesday when the Senate is schedule to vote on bills.

Fortunato files state constitutional amendment expanding protections for citizens’ right to bear arms

While many policies that emanate from Olympia concerning the right to bear arms focus on restricting Second Amendment protections, state Sen. Phil Fortunato, R-Auburn, is pushing to expand them.

He’s filed a state constitutional amendment to enshrine an individual right to own high-capacity magazines, a popular target for anti-gun advocates. Senate Joint Resolution 8205 would amend Article 1, Section 24 of the Washington Constitution by adding, “The right of the individual citizen to bear arms in defense of himself, or the state includes the right to possess firearm magazines and firearm loading devices of any size.”

“Arguments for banning high-capacity magazines focus on preventing a mass shooting. However, banning these magazines only puts the public at more risk,” said Fortunato. “An outright ban ignores the number of magazines already on the market. A conservative estimate based on gun ownership of the types of rifles that use them is about 50 million with each owner having an average of 5 magazines. Add handguns and the total number of magazines is over 250,000,000. The reality is that a person intent on killing innocent people is not going to be concerned about a law that bans some kinds of magazines.”

A 2019 study on shootings shows that trained police officers have about a 25 percent accuracy rate with firearms, typically using a 9mm due to the larger magazine capacity. With the highest accuracy rate of 35 percent, about 14 rounds would need to be fired to stop one threat. Fortunato argues that average citizens exercising their rights deserve every tool to protect themselves as outlined in the state constitution.

“All citizens deserve to have every means of protection at their disposal,” Fortunato added. “In no other area do we have a conversation about restricting rights enshrined in our constitutions. This should be no different. As technology advances, we should be looking at ways to expand protections for law-abiding citizens, not constrain them.”

Fortunato introduces property tax constitutional amendment

Recent changes in the state’s property tax, added pressures from local tax levies and rising home values mean more people are struggling to pay their property taxes. That is why state Sen. Phil Fortunato, R-Auburn, and the Senate Republican Caucus are pushing to amend the state’s constitution to restructure Washington’s property tax aimed at relief for homeowners.

Modeled after California’s successful Proposition 13, Senate Joint Resolution 8219 would freeze property valuations as of Jan. 1, 2020, and not be recalculated until there is a change of ownership.

“The state has seen record growth in its budget at the expense of taxpayers around the state. We’ve reached a point now that is unsustainable for the very people that fund government and they need relief,” said Fortunato. “Not only are people unable to afford getting into a home, they’re quickly being taxed out of them. During my time in the Senate, the state has raked in billions more than we expected and spent it all on everything but what Washingtonians are clamoring for – tax relief.”

Fortunato’s proposal is aimed at helping people stay in their homes by capping the growth of property taxes paid to the state to a more affordable point when the home is purchased.

“By changing our constitution this way, we are giving homeowners certainty they deserve. It will put a check on out-of-control spending and do what the Legislature has been unwilling or unable to do,” Fortunato said. “The sad thing is that some decision makers in Olympia can’t be trusted. I voted for historic funding changes to our schools that gave over 70% of property owners a tax cut, only to have the majority betray that and fling the door wide-open to additional tax increases. That’s unacceptable. We should enshrine this principle of fiscal restraint in our state’s constitution.”