“My legal team continues to maintain an undefeated record against the gun lobby in the courts,” stated Ferguson. “This common-sense gun reform will contribute to saving lives by limiting access to the weapon of choice for mass shooters.”
Judge Zipp delivered an oral ruling denying the preliminary injunction today, with a written order anticipated to follow at a later date.
The law, while allowing exemptions for law enforcement and the military, effectively bans the sale, manufacture, and import of assault weapons within Washington state. It’s important to note that the law does not prohibit the possession of assault weapons.
Washington joins the ranks of ten other states with legislation aimed at restricting assault weapons. Multiple federal courts have validated these public safety regulations as being constitutional.
Initially filed in Grant County, the Guardian Arms case was successfully transferred by Ferguson to Thurston County. Beyond Guardian Arms and Hartford, another legal challenge to HB 1240 remains pending in the federal court of the Eastern District of Washington under the case name Banta v. Ferguson.
Ferguson’s office has maintained an unblemished track record when defending state laws against challenges from the gun lobby. Notable cases include:
• Northwest School of Safety v. Ferguson: Plaintiffs, including the Second Amendment Foundation, contested Initiative 594, which mandated background checks for all gun sales.
• Mitchell v. Atkins: Plaintiffs, including the National Rifle Association and the Second Amendment Foundation, contested Initiative 1639, which imposed age-related restrictions on assault weapon sales and introduced background check requirements.
• Slone v. Washington: Plaintiffs, including Gun Owners of America, challenged I-1639.
• Silent Majority Foundation, et al. v. Jay Inslee, et al.: Plaintiffs, including the Silent Majority Foundation, contested House Bill 1705, which banned ghost guns.
• Hartford, et al. v. Ferguson, et al.: Plaintiffs, including the Second Amendment Foundation and the Firearms Policy Coalition, contested House Bill 1240, the ban on assault weapon sales in Washington.
• Guardian Arms v. Inslee: Plaintiffs, including the Silent Majority Foundation, contested House Bill 1240, the ban on assault weapon sales in Washington.
Additionally, Ferguson’s office has also successfully brought cases to enforce firearms safety laws, including:
• State of Washington, et al., v. U.S. Department of State, et al.: Defendants, including Defense Distributed and the Second Amendment Foundation, aimed to distribute 3D-printable gun files.
• State of Washington v. Federal Way Discount Guns: Defendants, initially represented by the Silent Majority Foundation, unlawfully sold high-capacity magazines, violating Washington state law.