Eastern Adams County's Only Independent Voice Since 1887
Eastern Adams County's Only Independent Voice Since 1887
Dixon presiding over case in Stevens County
COLVILLE — An Adams County Superior Court judge has found himself amidst a legal battle over so-called “red flag” laws that may be headed to the state Supreme Court.
Judge Steve B. Dixon presided over a hearing, as a visiting judge in the Stevens County Courthouse, earlier this month before siding with the State Attorney General’s Office in a lawsuit brought against the state over a law that went into effect last July.
Under the law, mental health counselors can direct law enforcement to remove firearms from the home of a patient believed to be a danger to themself or others due to a mental health issue or substance abuse. The firearms can be impounded for up to six months, even if a crime has not been committed.
Stevens County challenged the law last summer on the basis that it denies a gun owner due process solely on the word of a mental health counselor, without proof or evidence of a crime.
The county, in its court briefs, argued the denial of due process is unconstitutional, and therefore the law is unconstitutional.
It also argued that the taking of a firearm without due process infringes on the Second Amendment, which guarantees Americans the “right to keep and bear arms.”
But the State Attorney General’s Office disagreed.
Assistant State Attorney Jeffrey Grant defended the law on behalf of the office and his boss, Attorney General Bob Ferguson.
Grant noted there are more restrictive laws in effect around the country. He further argued that the law was enacted to protect the public from someone found to be a danger.
In his ruling, Dixon sided with the State Attorney’s General’s Office.
Court records show Dixon found the confiscation of firearms for six months at the behest of a mental health counselor less restrictive than laws that allow people to be detained for up to 72 hours without their consent for evaluation of mental health disorders.
Judge Dixon was called in as a visiting judge on the case after Stevens County Superior Court Judges Patrick Monasmith and Jessica Reeves recused themselves from the case.
The ruling wasn’t Dixon’s first related to the case.
Last October, he denied a restraining order requested by Stevens County that would have prevented Stevens County Sheriff Brad Manke from exercising the law and taking firearms at the request of any employees of Northeast Washington Alliance Counseling Services, an organization that provides mental health counseling in Colville and elsewhere.
Dixon was appointed to the Superior Court bench in Ritzville in December 2013 by Gov. Jay Inslee, a Democrat who has used his bully pulpit to advocate for stricter gun laws, red flag laws, high-capacity magazine bans.
Attorney General Ferguson, too, has used his position to push drive an anti-gun agenda in the state Legislature.
Stevens County is considering appealing Judge Dixon’s ruling directly to the state Supreme Court.
The ruling comes as the Legislature is pushing through measures to expand gun confiscation laws to those found guilty of second-degree animal abuse and those under vulnerable adult protection orders.
Engrossed House Bill 2623 and House Bill 2305, respectfully, have passed the House and are awaiting action in the Senate.
The state already has laws on the books making it illegal for convicted felons and those under domestic violence and other protection orders to possess a firearm.
Roger Harnack is co-owner and publisher of Free Press Publishing. An award-winning journalist, photographer, editor and publisher who grew up in Eastern Washington, he's one of only two Washington state journalists ever to receive the international Golden Quill for editorial/commentary writing. Roger is committed to preserving local media, and along with it, a local voice for Eastern Washington.
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