Other LanguagesBackground checks similar to Washington’s I-594 at issue
OLYMPIA — Washington State Attorney General Bob Ferguson today announced that his office was joining an amicus curiae, or “friend of the court,” brief in Colorado Outfitters Association v. Hickenlooper and Beicker v. Hickenlooper in the U.S. Court of Appeals for the Tenth Circuit . The consolidated cases involve a challenge to certain Colorado gun laws, including a background-check requirement similar to Washington’s I-594. Washington state is currently defending against a similar challenge to I-594.
The amicus brief argues that the U.S. District Court’s decision finding that states have the right, within our federal constitutional framework, to enact reasonable gun laws like Colorado’s background checks should be upheld. Opponents of the Colorado laws argue that courts must apply the most exacting constitutional scrutiny to any and all state gun regulations. No federal appeals court has adopted this standard.
An adverse result in the case could ultimately threaten I-594. As the brief notes, the states filing it do so “not because they necessarily believe that Colorado has chosen the optimal policy but because they believe that Colorado’s decisions represent policy choices that Colorado should be constitutionally free to adopt.”
“As Attorney General, it is my job to defend the laws of the state and uphold the will of the voters,” said Ferguson. “Voters overwhelmingly approved reasonable background checks with I-594, and my office will defend it vigorously. Standing up for Colorado’s right to enact background checks helps ensure the will of Washington voters is ultimately upheld by the courts.”
Approved by Washington voters 59% to 41% in November 2014, I-594 expands the range of gun sales and transfers subject to background checks in Washington.
The amicus brief was filed by the state of New York and joined by Washington, Connecticut, Hawaii, Illinois, Iowa, Maryland, Massachusetts, Oregon and the District of Columbia. A copy can be found here.
The court is expected to issue its decision sometime in 2016.
-30-
The Office of the Attorney General is the chief legal office for the state of Washington with attorneys and staff in 27 divisions across the state providing legal services to roughly 200 state agencies, boards and commissions. Attorney General Bob Ferguson is working hard to protect consumers and seniors against fraud, keep our communities safe, protect our environment and stand up for our veterans. Visit www.atg.wa.gov to learn more.
Contact:
Peter Lavallee, Communications Director, (360) 586-0725; PeterL@atg.wa.gov