SAF Sues Washington State Over Black Rifle Ban

The Second Amendment Foundation (SAF) has filed a federal lawsuit against the state of Washington, challenging the constitutionality of the recently enacted House Bill 1240, which bans the manufacture, sale, import, and distribution of many semi-automatic firearms.

SAF claims the new law — which took effect immediately — infringes on Second and Fourteenth Amendment rights and is seeking preliminary and permanent injunctions from the court.

The lawsuit, named Hartford v. Ferguson, was filed in the U.S. District Court for the Western District of Washington.

SAF is joined by the Firearms Policy Coalition, Hazel Dell retailer Sporting Systems, and three private citizens, Brett Bass, Douglas Mitchell, and Lawrence Hartford. The plaintiffs are represented by Seattle attorney Joel Ard.

Washington Attorney General Bob Ferguson and several county sheriffs and prosecutors are named as defendants in the lawsuit.

SAF founder and Executive Vice President Alan M. Gottlieb criticized the state for putting politics above constitutional rights.

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“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 Gottlieb in a press release obtained by GunsAmerica.

“In the process, the state has criminalized a common and important means of self-defense, the modern semiautomatic rifle,” he continued. “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.”

HB 1240 has exemptions for law enforcement and members of the military. Existing owners of black rifles are also grandfathered in — at least for now.

HB 1240 is part of a broader gun reform package signed into law that includes a 10-day waiting period, mandatory firearms training for prospective gun buyers, and a new legal pathway for the attorney general and family members of shooting victims to sue gun makers who market their products to prohibited persons.

These additional provisions take effect this summer.

Rep. Strom Peterson (D-Edmonds), who sponsored House Bill 1240, stated, “Gun violence rips loved ones from their families, devastates our communities, and traumatizes our children again and again.”

“Students everywhere have been speaking up, demanding we do something to protect them,” he continued. “We’ve stepped up to answer them. With the Governor’s signature today, we’re sending a clear message to our kids: we hear you and we are acting to keep you safe.”

Gottlieb also highlighted two ongoing legal actions challenging Washington gun laws, one addressing the magazine ban and another contesting the ban on sales of semi-automatic rifles to young adults.

SEE ALSO: Washington State Democrats Force Partisan ‘Assault Weapon’ Ban Through Senate

SAF Executive Director Adam Kraut called out the authors and supporters of the legislation for their “hysteria” and “false characterization” of the banned firearms as “weapons of war.”

“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,” observed Kraut.

“But even if they are considered as a separate group of ‘assault weapons,’ they cannot be banned because they are not dangerous and unusual,” he concluded.

Rep. Liz Berry (D-Seattle), who sponsored House Bill 1143, the waiting period measure, commented, “Gun violence is now the leading cause of death for children in our country. As a mom of two little ones and as a person who has lost someone who I love to gun violence, this is devastating to me. It’s simple: these bills will save lives.”

Rep. Berry is wrong. Guns ARE NOT the leading cause of death for children in the U.S., as GunsAmerica recently pointed out. There’s also no hard evidence that waiting periods or black rifle bans or frivolous lawsuits against gun makers will “save lives.”

Let us all hope that SAF prevails in court.

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  • Donald J Sumner April 28, 2023, 5:22 pm

    ++

    you are one fi ng stupid bastard is that all of the clowns who came to support you

  • ICE April 28, 2023, 12:22 pm

    Some one with common sense needs to round up all these all knowing democrats. Have them go to a high school gym.In the gym have tables set up and have fully loaded SO CALLED ASSAULT WEAPONS ON THE TABLES. Have the all knowing democrats sit around the tables and watch the so called assault weapons. When one of the weapons gets up to go out and kill write the name and type of weapon down.Do this for 24 hours. Then tell the public which ones and how many left the table and went out to kil.

  • Doug F April 28, 2023, 11:46 am

    I’ve been a resident of Washington St. for over 74 years-retired LE and NRA life member. Thankfully, I live on the east side of the state, which is primarily conservative, but the densely populated counties are on the west side (King & Pierce) and they’re infested with liberals. They get to make all the political decisions at election time because of the population imbalance, so we, on the east side really have no voice in our state government (same situation that our neighbor, Oregon has). Now that the liberals outnumber the conservatives in our legislature, we’re getting crap like this new gun “control” law shoved down our throats. I’m told that I can legally go out and buy fentanyl (not that I’d want to), but I can’t buy an AR-15. Minor children can now go to a “safe house” without their parent’s permission OR KNOWLEDGE (no one’s required to tell them) and receive gender altering treatment but I can’t buy a semi-auto shotgun with a thumbhole stock (that’s an “assault weapon”). This is beyond sick and, as Blue Dog mentioned, registration is undoubtedly on the way because if anyone thinks this group of pot smoking lunatics calling themselves “liberals” that are running things in our state government now are going to be satisfied with what they’ve accomplished so far, they’re sadly mistaken. What we’re seeing is only the tip of the iceberg. Next year it’ll be handguns and maybe registration, and if they accomplish that, then it’s “buyback” time or just flat-out confiscation. If/when that happens, my wife and & will be looking at property in a free state like Idaho. What a sad state of affairs this state/country is plunging into. And oh, by the way. Where’s the NRA or our own Washington State Arms Collectors Association? Not a word out of them that I’m aware of.

    • John L April 30, 2023, 5:26 pm

      Banta v. Ferguson. Filed 4/25/23. NSSF and the NRA, Aero Precision LLC, Amanda Banta, Sharp Shooting Indoor Range and Gun Shop and The Range LLC. Now you are aware. BTW, the NRA brought in the same law firm that argued ( and won ) the NYSRPA v. Bruen supreme court case.

  • J. Locke April 28, 2023, 4:22 am

    Shall. Not. Be. Infringed.

  • Blue Dog (he/him) April 27, 2023, 9:48 pm

    Ok, so this bill grandfathers in “ordinary semi-automatic rifles” assault weapons already in citizens’ hands, but does it require the registration of these weapons of war? Grandfather exemptions are too easily abused without registration! I suppose, as forward thinking and progressive as Washington is with gun violence legislation, it is possible that they have many common sense steps already in place, including registration of all firearms.

    • C. Klebaum April 28, 2023, 10:15 am

      Dear bluedip,
      Your comment is so asinine I think you may have topped yourself. Washington state has been incrimentally destroyed by your progressive forward thinking crimminal democrat communists who don’t care about the State or Federal constitutions. Washington state was an early adopter of mail in elections and as such is one of the most fraudulent when it comes to elections. In previous gubinatorial elections that democrat communists lost, the D’s recounted until they found enough votes “in the trunk of a car” or where ever, to pull out the win. Democrat communists have and still are ruining this state.
      To answer your question, no registration… yet, but wait till next year where the communists will try to make us worse than komafornia or whoregon. Dem’s are racing us to the bottom and trying to pass laws stating that you can’t challenge election outcomes or say anything about it. This ’23 legislative session has been branded the worst in state history.
      Whith as much flack as you recieve on this site I find it amazing you still feel compelled add you 2 cents.
      Unless your just out for a troll.

    • D.J. April 28, 2023, 3:57 pm

      I do not understand your brand of lunacy , but I admire
      your dedication to it .

    • Robert the Bruce April 28, 2023, 10:25 pm

      Shall not be infringed.. It would be my great wish that someone like you would come to try and take it

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