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Lawsuits Filed Against Washington State “Assault Weapons” Ban

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Washington State Enacts “Assault Weapons” Ban.

Photo by Michael McConville: WikiMedia Commons

Joshua SwanagonbyJoshua Swanagon
April 27, 2023
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Earlier this month, we reported that Washington State sent the “assault weapons” ban back to the House for passage (below). And as expected, it passed the House on Wednesday, April 19, 2023. The bill then went to Governor Jay Inslee’s desk Tuesday, April 25th, which he immediately signed, making the law effective immediately.

Lawsuits Already Filed in Washington State “Assault Weapons” Ban

The legislation bans the sale, transfer, distribution, manufacture, and importation of 62 gun models. Specifically, models that are considered so-called “assault weapons,” including AR-15s, AK-47s, and similar rifles.

Likewise, it also bans guns with specified features like semi-automatic rifles shorter than 30 inches, those with detachable or fixed magazines with a capacity of more than 10 rounds, and those with detachable magazines that have features such as flash suppressors, folding stocks, or shrouded barrels. In addition, conversion kits and parts allowing such features to be added to guns are also banned.

According to the Seattle Times, “Washington became the 10th state to prohibit sales of AR-15s and dozens of other semi-automatic rifles Tuesday, as Gov. Jay Inslee signed the ban into law, effective immediately.”

Although the law only applies to new sales, and not firearms people already own, it’s still a clear violation of the Constitution. For this reason, lawsuits are already inbound. Both the NSSF and Second Amendment Foundation (SAF) filed suits before the ink dried on Governor Inslee’s signature.

Violation of the Second and Fourteenth Amendments

The NSSF and SAF call the new legislation out as a violation of both the Second and Fourteenth Amendments. Specifically, the Second Amendment applies to gun rights and the Fourteenth to the people’s right to life, liberty, and property. As such, the two are intrinsically linked in this case.

“NSSF will not stand idly by as politicians cleave away fundamental Constitutional rights from Americans,” said Lawrence G. Keane, NSSF Senior Vice President & General Counsel. “The right to keep and bear arms that are commonly owned belongs to law-abiding citizens. Politicians in Washington exceed their authority when they usurp those rights to mollify radical special-interest groups. These politicians violate their oaths to protect and defend the Constitution and the rights of the citizens they represent.”

In addition, the SAF followed with a similar sentiment.

“The State has enacted a flat prohibition on the manufacture, sale, import and distribution of many types of firearms, inaccurately labeled as ‘assault weapons,’ which are owned by millions of ordinary citizens across the country,” said SAF founder and Executive Vice President Alan M. Gottlieb. “In the process, the state has criminalized a common and important means of self-defense, the modern semiautomatic rifle. The state has put politics ahead of constitutional rights, and is penalizing law-abiding citizens while this legislation does nothing to arrest and prosecute criminals who misuse firearms in defiance of all existing gun control laws. It is absurd.”

The lawsuits from each organization are joined by other organizations, retailers, citizens, and a Spokane based U.S. Rifle Team Olympian (specific to the NSSF suit).

The Battle Ahead

Unfortunately, the battle ahead may not be an easy one, but it is a necessary one. The gun control lobby has worked overtime to vilify the modern sporting rifle as something it is not. This is a tactic that is used to garner the support of the mob. Although polls show that support for “assault weapons” bans is waning, fear is a great motivator, and Democrats know that.

“The hysteria manufactured by the authors and supporters of this legislation is rivaled only by the false characterization of the banned firearms as ‘weapons of war,’” SAF Executive Director Adam Kraut, added. “As we note in our complaint, the firearms that Washington bans as ‘assault weapons’ are, in all respects, ordinary semiautomatic rifles. To the extent they are different from other semiautomatic rifles, their distinguishing features make them safer and easier to use. But even if they are considered as a separate group of ‘assault weapons,’ they cannot be banned because they are not dangerous and unusual.”

But both the NSSF and SAF need to bring their A games because Attorney General Bob Ferguson is ready and confident.

According to Fox News, “‘We’re a nation of laws, and they have the right to challenge that,’ [Ferguson] said. ‘Our record so far is pretty good against the NRA and against the Second Amendment Foundation. We are undefeated, and we plan to keep that record intact.’”

Make sure to keep following PDW for updates on this ongoing story.

On April 11, 2023, PDW reported:

Where have we seen this before? Oh, that’s right, in history books. It seems the worse a government gets, the more it pushes to disarm its citizens. It doesn’t take a genius to do a quick Google search and see that the highest violent crime is in Democrat-run cities. And it isn’t hard to see what all of those cities have in common—strict gun control. And now Washington state is joining the ranks of unsafe places as it enacts its own “Assault weapons” ban.

Washington State Senate Passes “Assault Weapons” Ban

This weekend, as 20 more people were shot in the gun control mecca of Chicago, Washington state was busy working on more anti-Second Amendment legislation of its own.

Over the weekend, the “assault weapons” ban, House Bill 1240, passed the Washington State Senate by a vote of 27-21. However, since it was amended by the Senate, it will go back to the House. Once the amended version passes the House, it will go to the desk of Washington’s Democratic Gov. Jay Inslee, who is expected to sign it.

Fox News writes, “‘The Senate today put public safety above the interest of the gun lobby,’ Attorney General Bob Ferguson [stated]. ‘The devastation of mass shootings extends far beyond the casualties and injuries. Mass shootings traumatize entire communities. We must stop selling these weapons of war in Washington.’”

If signed, as expected, the bill would prohibit the sale, manufacture, and import of “assault weapons” in the state. The state joins nine other states, and Washington D.C. who also have similar “assault weapons” bans in place.

According to reports, the bill will not ban Washington state residents from possessing the banned firearms. Likewise, there are exceptions for law enforcement and those who inherited the guns.

Additionally, one amendment allows gun makers to sell inventory they had before January 1, 2023, to out-of-state buyers. The manufacturers will have 90 after the bill takes effect to do so.

The bill states that the legislature finds that “assault weapons” are not suitable for self-defense. However, it was just last September that Biden clearly stated they are used to defend people:

Biden: "What in God's name do you need an assault weapon for? It's an assault weapon designed to kill people, to defend America, to defend people." pic.twitter.com/Hd7dzmtufk

— The Post Millennial (@TPostMillennial) September 23, 2022

It seems like forever ago, but we just saw Ukraine—and us—arming its citizens against an invading force. How quickly we forget.

Governance by Mob Rule

Remember Chaz/Chop? In case you missed it, the socialist utopia saw a 525% rise in crime. Not to mention two shootings and violent robberies before being shut down after only ten days. The government in Washington State completely ignored it and allowed it to happen. Some even encouraged it. Now, these same people want us to believe that they are acting out of concern for public safety.

Once again, the party with the moral compass of a windsock is caving to the tantrums of the mob. Probably because it worked so well in Chaz/Chop.

According to The Olympian, “‘Young people are taking to the streets and will hold us accountable if we don’t do something,’ said Sen. Patty Kuderer, D-Bellevue. ‘When we’re talking about mass shootings and the killing of people quickly and without warning, we’re talking about assault weapons. And that’s why we’re here today, we’re here to say: enough is enough.’”

I’m old enough to remember that children who threw temper tantrums were not rewarded for it. Instead, we were punished and then sent to our room.

Unfortunately, this is the kind of government you get when everyone is a career politician with no real-life experience. They hide in their guarded ivory towers and cater to the whims of the mob. Because the mob screams, kicks its feet, pounds its fists, and acts like a child. So, it gets the sucker. And the sucker is typically stripped from the mouth of the quiet, law-abiding kid who has done nothing wrong.

A country cannot survive this type of governance. If you want to create more screaming children demanding their way, this is how you do it.

It’s time for adults to be back in government. Especially when we have a wide-open border and face threats from every side.

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