MYNORTHWEST NEWS

Another judge sides with Washington on upholding gun control legislation

Sep 26, 2023, 8:04 AM | Updated: 9:04 am

For the fourth time in less than four months, a federal judge sided with Washington state, ruling to reject another attempt to block a new law regulating firearms.

A Yakima judge rejected a lawsuit filed by the Silent Majority Foundation that looked to block the state’s ban on high-capacity magazines. The state legislature passed the ban in 2022 after Attorney General Bob Ferguson requested it and the law bans the sale of ammunition magazines that hold more than 10 rounds.

U.S. District Court Judge Mary K. Dimke denied the Silent Majority’s injunction, saying that the challenge failed to establish that the Second Amendment applies to the regulation of high-capacity magazines.

“ESSB 5078 is the product of the democratically elected Washington legislature. If the Court is to declare ESSB 5078 unconstitutional, it will not do so lightly. Injunctive relief is ‘an extraordinary remedy that may only be awarded upon a clear showing that the plaintiff is entitled to such relief,” Dimke said in the ruling.

Thirteen states, including Washington and the District of Columbia, all restrict high-capacity magazines. Multiple other federal courts have upheld laws limiting magazine capacity. In July, a federal judge in Oregon upheld that state’s new law, passed just after Washington’s restrictions on gun magazines.

“Washington state is undefeated in court against challenges to Washington’s common-sense firearm safety laws. My office wrote this law. It is constitutional. It will save lives. I look forward to continuing to successfully defend it,” Ferguson wrote about Monday’s ruling.

Earlier this month, Judge Allyson Zipp with the Thurston County Superior Court reviewed the case of Guardian Arms v. Inslee and rejected a request for a preliminary injunction blocking the implementation of House Bill 1240 — the legislation barring automatic weapon sales. Zipp also rejected a similar motion for a temporary restraining order that would have blocked the law in the same case on June 23.

More from Bob Ferguson: Washington AG files brief challenging Idaho’s abortion travel ban

On June 6, U.S. District Court Judge Robert Bryan also rejected a request to block the law in a separate case, Hartford, et al. v. Ferguson, et al., the Office of the Attorney General notes in a press release.

The law went into effect immediately after Gov. Jay Inslee signed it April 25, with legal challenges beginning the same day.

Ferguson first proposed a ban on the sale of assault weapons in 2017 following the 2016 mass shooting in Mukilteo — where three people were killed when a gunman used a military-style assault rifle and a high-capacity magazine and opened fire at a house party.

The 2023 legislative session was the second time Inslee joined Ferguson to call for a ban on the sale of assault weapons.

More on Gov. Inslee supporting assault weapon ban in Jan. 2023: String of state gun laws heard by House Judiciary Committee

Washington is the 10th state to adopt legislation restricting assault weapons, joining California, Connecticut, Delaware, Hawaii, Illinois, Maryland, Massachusetts, New Jersey and New York. Washington’s new law prohibits the sale, manufacture and import of assault weapons within the state. Some exemptions are allowed, like manufacturing and selling assault weapons to law enforcement and military. The law does not prohibit the possession of assault weapons.

This is the seventh victory for the Office of the Attorney General in court cases battling the state’s gun lobby.

Contributing: Frank Sumrall

MyNorthwest News

Camas protest...

Aaron Granillo

Protest in Camas draws attention to initiative on transgender athletes in girls’ sports

A protest by members of the Camas High School girls’ cross-country team has thrust a local race into the center of a statewide debate.

14 minutes ago

A person sits at the slot machines on the casino floor. (Photo: Octavio Jones, Getty Images)...

Jason Sutich

WA gambler turns $15 wager into more than $410,000 at Auburn casino

A Washington gambler turned a $15 bet into hundreds of thousands of dollars over the weekend at an Auburn casino.

51 minutes ago

estate sale live grenades...

Gee Scott

Gee: Wait, what?! Man buys box at estate sale, finds 6 live grenades

I’ve heard of people finding some pretty interesting things at estate sales. Old furniture, expensive jewelry, or rare collectibles, but six live hand grenades?

2 hours ago

Fall city teen family murder...

Lexi Herda, KIRO 7 News

Judge rules Fall City teen accused of killing his family will be tried as an adult

The Fall City teenager accused of killing his five family members will be tried as an adult.

2 hours ago

PCC Community Markets opens Madison Valley store...

MyNorthwest Staff

PCC Community Markets opens Madison Valley store after years of delays

A grand opening date for PCC Community Markets in Madison Valley has finally been announced after nearly a decade of delays in the development of the property.

3 hours ago

Desmond Trufant...

James Lynch

Desmond Trufant suspects arson after fire damages his rental property in Tacoma

TFD is working to determine what caused a house fire at the property of former NFL and University of Washington football player Desmond Trufant.

3 hours ago

Another judge sides with Washington on upholding gun control legislation