Washington State is implementing a new hate crime and bias incident hotline under RCW 43.130.5, a law pushed by former Attorney General and now Governor-elect Bob Ferguson.
While this initiative is marketed as a way to assist victims of hate crimes, William Kirk of Washington Gun Law is raising concerns about its broader implications, particularly for lawful gun owners.
Set to take effect on January 1, 2025, the law requires the Attorney General’s office to oversee a hotline designed to help individuals targeted by hate crimes or “bias incidents.”
By July 1, 2025, a pilot program will roll out in at least three counties, one of which must be in Eastern Washington. Full statewide implementation is scheduled for January 1, 2027.
At first glance, the idea may seem reasonable. However, digging deeper into the statute raises questions about how the law could be applied and its potential impact on gun owners.
Bias Incidents and Hate Crimes Defined
The statute distinguishes between bias incidents and hate crimes. Bias incidents are defined as hostile expressions toward an individual based on perceived characteristics, such as race, gender, or religion, which do not warrant criminal prosecution.
Hate crimes, on the other hand, involve malicious and intentional acts, such as assault or property defacement, motivated by similar prejudices.
While these definitions seem clear, the law includes a “catch-all” provision allowing prosecutors to pursue cases that fall outside the listed criteria if they believe the incident constitutes a hate crime.
Additionally, the statute states that ignorance of the victim’s identity is not a defense—meaning a person can be prosecuted even if their actions were unrelated to the victim’s perceived characteristics.
Potential Consequences for Gun Owners
One of the most concerning aspects of this law is its potential to lead to disarmament. A hate crime conviction is a Class C felony, which strips individuals of their firearm rights for at least five years and often longer.
Even without a conviction, the information gathered through the hotline could be shared with law enforcement and used as grounds for an Extreme Risk Protection Order (ERPO), commonly known as a red flag law.
This raises concerns that the hotline could become a tool for targeting gun owners based on allegations alone, especially in politically charged situations.
Kriks argues that this law aligns with broader efforts to restrict not only Second Amendment rights but also free speech and dissenting opinions.
Kirk Explains:
“Understand what Washington is doing: they’re essentially setting up a snitch line so they can prosecute people for hate crimes and then disarm them. Even if they’re not successful at criminally prosecuting individuals under these allegations, the information gathered through this process will be shared with law enforcement agencies where the alleged activity occurred. Does this give law enforcement a basis to petition for an Extreme Risk Protection Order, often called a Red Flag petition? The answer is yes, absolutely.
“This moves Washington one step closer to the vision of the governor-elect: a state where opposing viewpoints are not just silenced but prosecuted, with dissenters disarmed in the process. This law is only the beginning of a series of measures likely to be passed over the next few years, restricting free speech and placing individuals in both civil and criminal jeopardy for exercising their First Amendment rights.”
What’s Next?
With the statute taking effect in just over a year, gun owners in Washington should stay informed about how this law is implemented. The potential for misuse, particularly in cases involving vague or subjective allegations, highlights the need for vigilance in protecting constitutional rights.
For those concerned about these developments, now is the time to reach out to local representatives, educate others, and stay engaged in the legislative process. As always, understanding the law and how it applies is crucial for being a responsible and lawful gun owner.
[H/T: Washington Gun Law]
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