Federal Judge Denies Attempt to Block Washington State’s New Gun Restrictions

Jonathan Mossberg, whose iGun Technology Corp. is working to develop a "smart gun," demonstrates the firearm, in Daytona Beach, Fla., on April 7, 2016. AP Photo/Lisa Marie Pane

On Tuesday, a federal judge denied an attempt to block Washington state’s ban on the sale of semiautomatic rifles, one of three firearm control measures signed by Gov. Jay Inslee.

Inslee signed the law in April, which went into immediate effect, prohibiting the sale, distribution, manufacture, and importation of thousands of guns, including AR- and AK-style rifles.

People who legally own a gun are free to keep them, and there is a provision allowing gun shops to sell the remaining inventory to out-of-state buyers.

“Just because they don’t solve all the problems does not mean the state of Washington does not take action,” Inslee said when he signed the bill into law. “Inaction against gun violence is unacceptable.”

Washington Gov. Jay Inslee speaks after signing into law a ban on certain types of semi-automatic weapons. Courtesy of the Washington State Governor's Office

Gun rights advocacy groups swiftly challenged Inslee’s new gun law restrictions with legal action.

The Firearms Policy Coalition (FPC), based out of California, filed a lawsuit requesting the court order blocking the law, claiming it violated their constitutional right to bear arms.

“The State of Washington has criminalized one of the most common and important means by which its citizens can exercise their fundamental right to self-defense,” the FPC posted on Twitter.

The Bellevue, Washington-based Second Amendment Foundation (SAF) joined FPC in the lawsuit against the state.

“The state has put politics ahead of constitutional rights and penalizes law-abiding citizens. This legislation does nothing to arrest and prosecute criminals who misuse firearms in defiance of all existing gun control laws. It is absurd,” Alan Gottlieb, SAF’s founder and executive vice president, said in a statement announcing the lawsuit.

U.S. District Judge Robert Bryan found that the state’s ban fits with the nation’s regulations of dangerous weapons.

“Considering the exceptional dangerousness of these weapons, the public interest in their regulation by the State outweighs the Plaintiffs’ desire to purchase more assault weapons,” Judge Bryan said. “In light of recent mass deaths caused by assailants using assault weapons, it is appropriate for governmental bodies to find ways to protect the public from dangerous weapons, within the limits of the Second Amendment.”

Washington State Attorney General Bob Ferguson lobbied the Washington Legislature to pass the ban on many semi-automatic weapons after years of failed attempts, making Washington the tenth state to implement strive gun control laws.

“This common-sense gun reform will save lives by restricting access to the preferred weapon of mass shooters,” Ferguson said Tuesday in a news release.

Ferguson argues that U.S. authorities have a long history of regulating weapons, including clubs, knives, and fully automatic rifles. Washington’s law is part of a long history of protecting Americans’ safety.

“Just like bazookas, machine guns, and grenade launchers, assault weapons are not covered by the Second Amendment because they are not tools of self-defense; rather, they are designed to injure and kill as many people as possible as quickly as possible,” Ferguson said in his brief.

California, Connecticut, Delaware, Hawaii, Maryland, Massachusetts, New Jersey, New York, and the District of Columbia also prohibit assault weapons, according to the Giffords Law Center to Prevent Gun Violence.

California does have one of the strictest gun control laws in the country.

“Only in America do we see the kind of carnage and chaos of gun violence that destroys our communities and our sense of safety and belonging,” Gov. Gavin Newsom said in a statement. “America is [No. 1] in gun ownership, and we far surpass every developed nation on Earth in gun deaths—it’s not complicated. In California, we’ve passed common sense gun safety laws that work: we have a 37% lower gun death rate than the national average. We’re doubling down on gun safety and strengthening our public carry law to protect it from radical Republican attacks.”

Gun rights advocates argue the firearms restricted by Washington’s law don’t fall into a category susceptible to regulation, including “dangerous and unusual” weapons that are not “in common use.” Therefore, they contend, these guns cannot be banned.

According to a database maintained by The Associated Press, USA Today, and Northeastern University, the United States is setting a record pace for mass killings this year.

“We’re disappointed with the Court’s ruling but remain undeterred in our fight for and defense of the People’s natural right to self-defense,” Cody Wisniewski, an attorney with the Firearms Policy Coalition, said in an emailed statement.

The Associated Press contributed to this report.