Fromt the Mountain States Legal Foundation . . .
The American People have a natural, constitutionally protected right to choose the self-defense tools they need to protect their lives and loved ones.
To uphold that right, a group of plaintiffs represented by Mountain States Legal Foundation’s Center to Keep and Bear Arms (CKBA) and Cooper & Kirk, PLLC, is suing the State of Washington in federal court. They’re challenging Washington’s ban on the sale, import, distribution, and manufacture of firearm magazines able to hold more than 10 rounds of ammunition—an unconstitutional enactment that threatens life and liberty in the Evergreen State.
On June 3, CKBA’s clients filed their complaint against Washington Attorney General Robert Ferguson in the Western District of Washington, seeking to have the magazine ban declared unconstitutional and to prevent its enforcement.
The parties bringing the lawsuit are:
- Ellie Sullivan, a nurse and longtime Washington resident concerned for her safety amid recent surging violence;
- Rainier Arms, a business specializing in high-end tactical rifles, pistols, and shotguns founded by John Hwang. John has been an outspoken member of the firearms community for decades and is committed to ensuring individuals have access to the tools they need to effectively defend their lives and loved ones; and
- Firearms Policy Coalition and the Second Amendment Foundation, two nonprofit organizations whose members’ rights are infringed by Washington’s ban.
CKBA has joined as co-counsel with Cooper & Kirk in challenging the ban.
With the passage of SB 5078 in March 2022, Washington outlawed the sale, import, distribution, and manufacture of what it derisively deems “large capacity” firearm magazines (more accurately described as average capacity).
While Washington falsely tries to brand these devices as a tool of criminals, they are legal in a vast majority of states and owned by millions of peaceable Americans. These magazines are not the boogeyman that Washington and gun control activists try to make them out to be, but rather are owned by everyday people—from nurses to competitive shooters.
Washington tries to present its magazine ban as a “public safety” measure. But taking away the People’s choice of arms will give criminals the upper hand, CKBA Director Cody J. Wisniewski noted. A correct application of Supreme Court precedent, from both the Heller and McDonald decisions, demonstrates that Washington’s ban violates the People’s Second Amendment protected rights.
“It is up to the People to decide how best to protect their lives and the lives of their loved ones and their communities—not politicians sitting at the state house in Olympia surrounded by armed security,” Wisniewski said. “Our clients represent the millions of peaceable Washingtonians who merely wish to exercise their right to protect themselves.”
“Washington is trampling on the People’s right to choose the self-defense tools they need. The State’s magazine ban puts peaceable citizens in danger, leaving them to the mercy of violent criminals if those citizens run out of ammunition in an emergency.”
“This case isn’t about a specific number. This case is about individual rights versus overreaching state power. Put simply, the State of Washington does not have the power to tread upon Washingtonians’ right to effectively defend their lives and the lives of their loved ones.”
To learn more please see the case page here.
To watch a video Press release click here.
For information or questions about this case please reach out to the MSLF Communications team at [email protected]
