Second Amendment Foundation Seeks To Stop Washington State Gun Grab With Legal Move

The Second Amendment Foundation (SAF) has filed a motion for a preliminary injunction against the State of Washington, asking the court to prevent the enforcement of provisions of House Bill 1240. This bill bans the manufacture, sale, purchase, and transfer of so-called “assault weapons”. The bill was signed last month by Governor Jay Inslee and took effect immediately.

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The case, known as Hartford v. Ferguson, has SAF, Firearms Policy Coalition, Sporting Systems, a Hazel Dell retailer, and three private citizens, Brett Bass, Douglas Mitchell, and Lawrence Hartford, as plaintiffs, represented by Seattle attorney Joel Ard.

In the motion filed in U.S. District Court for the Western District of Washington, SAF and its partners argue that “there is no possible justification for Washington’s unconstitutional ban.” The plaintiffs believe that not only are they likely to succeed on the merits of the case, but also that the threatened constitutional violation of their right to acquire firearms and to supply their customers with the same would be irreparable if it were to occur. They argue that the public interest always favors the injunction of unconstitutional laws.

The plaintiffs believe that the ban on assault weapons is unconstitutional and violates the Second Amendment right to bear arms. They argue that the ban is unjust and politically motivated, and they believe that millions of American citizens who own semiautomatic firearms all over the country are being penalized by this legislation. They are asking the court to enjoin the state from enforcing this law and to protect their constitutional rights.

SAF founder and Executive Vice President Alan M. Gottlieb stated in a media release issued by his organization that “Washington has a long tradition of lawful private ownership of semiautomatic firearms. Millions of American citizens own these firearms all over the country, and they have been in common use in the Evergreen State for many years. We believe that this ban is wholly unconstitutional, and as such, we are asking the court to enjoin the state from enforcing the law, to prevent Washington citizens from being penalized by an unjust, politically motivated statute.”

Adam Kraut, SAF executive director, and a practicing attorney, pointed out that “the courts have established that deprivation of constitutional rights constitutes irreparable injury. The plaintiffs in this case have demonstrated that the ban infringes on their Second Amendment rights and thus causes irreparable harm.” He further argued that an injunction will not harm the state because “it will keep in place the status quo, which has always prevailed in Washington, right up to the moment Gov. Inslee signed the legislation.” He hopes that the court will act quickly in this matter.

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The State of Washington has not yet responded to the motion. It remains to be seen how the court will rule in this case, but the outcome could have significant implications for gun owners in the state and potentially across the country.