Friday, October 24, 2014

Widow's nightmare I-594

This is a different slant on I 594 but it should get the attention of every woman who might become a widow.
I 594 is a widows worst nightmare.

Initiative 594, page 13 requires that upon the death of a firearm owner, the spouse has 60 days to take any and all of the diseased spouse's firearms to a dealer to have a background check run on her for each firearm.  If this doesn't take place, she is in non-compliance with the law.

Page 15 states that an individual will be prosecuted on a weapons felony charge for each firearm they are in non-compliance with.  If the estate involves 5 firearms, they can be prosecuted 5 times. In many cases, the spouse is not the Executor of the Estate.   This person is often a relative or close or trusted friend.   In any case, either one has but 2 months to transfer the ownership of the firearms.   This is an unrealistic requirement for a grieving spouse who has to deal with the diseased medical bills, grief, stress, possibly having to move to a less expensive home if the deceased was the bread winner, and then there is dealing with grieving children.   In many estate cases, firearms take a back seat and don't get addressed for several years.

In many cases, a relative or a close friend is assigned via the will to be the Executor of the Estate.  This is the person who is responsible for dealing with the estate, including the firearms.   There's a good possibility this person can't begin the proceedings for several months due to health reasons or distance, say living out of state.  I 594 leaves this issue as a landmine waiting to trap the innocent people who are just trying to do the right thing.

Another problem can take place when the surviving spouse or the Executor of the Estate takes the firearm or firearms to a dealer and for whatever reason, doesn't pass the background test.   I 594 requires that the firearm dealer shall not return said firearm or firearms to that person.   If and when this takes place, in effect $2,000 to $5,000 (if 5 firearms are involved) is confiscated from the estate.   I 594 doesn't contain any language concerning how long the firearm dealer will store these firearms or that he shall not sell them.

Page 10 contains the requirement that if the firearms are being transferred to a person from out of state, that person is required to wait 60 days to take delivery of the firearms.  Once more, if the Executor of the Estate is from out of state, he/she is required to wait 2 months to take delivery of the firearms.  In many cases, the surviving spouse has to come from out of state.

Whatever person decides to take possession of the firearms, no matter how temporary, they need to take them in for the personal back ground check.  If that person for whatever reason doesn't pass the background check, they darn well better have an individual with them who can because if they can't, they legally can't have the firearms and the firearms are retained (basically) confiscated by this law.  This is just what a grieving spouse needs to be confronted with.

I 594 is just a legal land mine that's going to criminalize more folks than people believe.  A few firearms is the last item of importance when a spouse is confronted with a sudden death, they are overwhelmed with grief, and more problems than most can imagine.

I 594 is a surviving spouse's worst nightmare designed to entrap him or her in a legal quagmire, not to mention the trusted friend assigned to be the Executor of the Estate.

VOTE NO ON I 594
 Feel free to send this to all of your friends and family members who live in WA.

No comments: