AG Ferguson successfully defends against another attempt to block Washington’s ban on the sale of assault weapons

RICHLAND — A federal judge agreed with Attorney General Bob Ferguson today and rejected another attempt to block Washington’s new law banning the sale of assault weapons. This is the fourth time a court has ruled that the ban should remain in place while legal challenges continue.

U.S. District Court Judge Mary Dimke rejected a request in Banta, et al. v. Ferguson, et al. to grant a preliminary injunction blocking implementation of House Bill 1240. The lawsuit was filed by the National Shooting Sports Foundation, along with several other plaintiffs.

Last year, three other attempts to block the law were also rejected. In September 2023, Thurston County Superior Court Judge Allyson Zipp rejected a request for a preliminary injunction blocking the law in Guardian Arms v. Inslee. In June 2023, the same judge rejected a motion for a temporary restraining order in the same case. Also in June 2023, U.S. District Court Judge Robert Bryan rejected a request to block the law in a separate case, Hartford, et al. v. Ferguson, et al.

Ferguson and Gov. Jay Inslee jointly requested the bill. The new law went into effect as soon as it was signed April 25, 2023. Legal challenges began the same day.

“Once again, we defeated the gun lobby’s attempt to block the ban on the sale of assault weapons,” Ferguson said. “This common-sense reform protects Washingtonians by restricting access to weapons of war that devastate entire communities. We will continue defending the law in court.”

Ferguson first proposed a ban on the sale of assault weapons in 2017, in the wake of a mass shooting at a Mukilteo house party in 2016. The shooter used a military-style assault rifle and a high-capacity magazine.

The new law prohibits the sale, manufacture and import of assault weapons in Washington state while allowing reasonable exemptions for manufacture and sale to law enforcement and the military. The law does not prohibit the possession of assault weapons.

Washington is the 10^th state to adopt a similar ban. Multiple federal courts have upheld these public safety laws as constitutional.

The Attorney General’s Office has successfully defended the state’s commonsense firearms laws from attacks by the gun lobby:

• Northwest School of Safety v. Ferguson: Plaintiffs including the Second Amendment Foundation challenge to Initiative 594, which required background checks on all gun sales.
• Mitchell v. Atkins: Plaintiffs including the National Rifle Association and the Second Amendment Foundation challenge to Initiative 1639, which restricted the sale of assault weapons to individuals over the age of 21, and imposed background check requirements.
• Slone v. Washington: Plaintiffs including Gun Owners of America challenge to I-1639.
• Silent Majority Foundation, et al. v. Jay Inslee, et al.: Plaintiffs including the Silent Majority Foundation challenge to House Bill 1705, banning ghost guns.
• Hartford, et al. v. Ferguson, et al.:  Plaintiffs including the Second Amendment Foundation and the Firearms Policy Coalition challenge to House Bill 1240, which bans the sale of assault weapons in Washington.
• Guardian Arms v. Inslee: Plaintiffs including the Silent Majority Foundation challenge to House Bill 1240, which bans the sale of assault weapons in Washington.
• Brumback et al. v. Ferguson et al.: Plaintiffs challenge SB 5078, which bans the sale of large capacity magazines in Washington.
• Sullivan et al. v. Ferguson et al.: Plaintiffs, including the Second Amendment Foundation, challenge SB 5078, which bans the sale of large capacity magazines in Washington.

The Attorney General’s Office has also brought cases to enforce firearms safety laws:

• State of Washington, et al., v. U.S. Department of State, et al.: Defendants including Defense Distributed and the Second Amendment Foundation, sought to distribute 3D-printable gun files.
• State of Washington v. Federal Way Discount Guns: Defendants represented initially by the Silent Majority Foundation sold high-capacity magazines in violation of Washington law.
• State v. Gator’s Custom Guns: In September 2023 Ferguson filed a lawsuit against Kelso-based Gator’s Guns for continuing to sell high-capacity magazines — potentially thousands — after the state’s law banning their sale went into effect. As part of its defense, Gator’s challenged the constitutionality of the law. A Cowlitz County Superior Court judge agreed with Gator’s in April. Ferguson immediately asked the state Supreme Court to stay the judge’s ruling, and asked the court to hear a direct appeal of the decision. The Supreme Court granted the stay and agreed to hear the case. It will likely hear the case later this year or early next year.

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Washington’s Attorney General serves the people and the state of Washington. As the state’s largest law firm, the Attorney General’s Office provides legal representation to every state agency, board, and commission in Washington. Additionally, the Office serves the people directly by enforcing consumer protection, civil rights, and environmental protection laws. The Office also prosecutes elder abuse, Medicaid fraud, and handles sexually violent predator cases in 38 of Washington’s 39 counties. Visit www.atg.wa.gov to learn more.

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