The Times - Serving Waitsburg, Dayton and the Touchet Valley

DAYTON – Columbia County Sheriff Joe Helm has officially joined the ranks of law enforcement officials across the state who will not enforce Initiative I-1639.

I-1639 was placed on the ballot as an Initiative to the People and approved by voters on Nov. 6, 2018. The Initiative increased restrictions on the purchase of firearms, raising the minimum age to purchase a semi-automatic firearm to 21, adding a more extensive layer to background checks, increasing waiting periods, and enacting storage requirements.

On Feb. 11 Columbia County Sheriff Joe Helm issued an official statement regarding his stance on I-1639. He prefaced the statement by saying he did not see this as a complex situation but issued the statement in response to questions being fielded by the Sheriff’s Office.

“As written, I feel that Initiative I-1639 is unconstitutionally vague and includes enforcement provisions that are not allowed to our office. Therefore it is unenforceable. As Sheriff of Columbia County, I take this position as your last line of defense against the unconstitutional laws very seriously.

“I agree with many other Sheriffs in our state. Therefore, I am instructing my deputies not to enforce I-1639 while the constitutional validity remains in argument at the court level. Deputies will document such matters. If the courts later determine the constitutional validity of the law, I will partner with the prosecutor’s office to determine the best course of action.”

On Feb. 1, Walla Walla County Sheriff Mark Crider, along with College Place Police Chief Troy Tomaras and Walla Walla Police Chief Scott Bieber posted an official statement. In it, they stated that they would oppose the initiative “through every legal avenue available to me as a citizen and as an elected official.”

The statement expressed concern that the initiative “placed greater restrictions on law-abiding citizens while creating unreasonable expectations regarding how such restrictions would be enforced.” It also asked residents to “join in balancing our opinions and beliefs on this issue with our commitment to our Oath of Office and to the Rule of Law.”

Social media comments criticized the response as being a “politician’s answer” for not taking a definitive stance against enforcing the initiative in Walla Walla County.

An editorial in the Feb. 5 Walla Walla Union Bulletin led off by stating, “Initiative I-1639 is a lousy voter approved law.” The editorial went on to criticize law enforcement officials who refuse to enforce the law while supporting Crider’s statement.

“Their view is shortsighted. Law enforcement officials don’t make the law nor do they rule on the constitutionality of laws. Their job is to enforce laws, whether adopted by the state Legislature or, like I-1639, through the voter-approved initiative process.

“Walla Walla County Sheriff Mark Crider, Walla Walla Police Chief Scott Bieber and College Place Police Chief Troy Tomaras got it right last week when they issued a joint statement saying they will uphold the law despite their objections to I-1639,” the editorial read.

Sheriffs and police chiefs across the state have opted not to enforce the Initiative on the basis of unconstitutionality. Opponents of I-1639, the National Rifle Association (NRA) and the Second Amendment Foundation filed a lawsuit against the State of Washington and Attorney General Bob Ferguson in U.S. District Court on Nov. 15, 2018.

The Initiative states that the provision raising the minimum age to legally buy a semi-automatic rifle took effect Jan. 1 with the rest of the provisions going into effect July 1.