WA’s ban on assault weapon sales survives another challenge

A judge last month once again upheld Washington’s 2023 law banning the sale of certain semiautomatic firearms classified as assault weapons.

But the dispute is likely not over. The gun rights advocacy group suing to overturn the ban says it will appeal. And whether restrictions like Washington’s are constitutional may eventually be decided by the U.S. Supreme Court.

Washington’s law doesn’t prohibit owning assault weapons, just their manufacture, importation, distribution or sale. The term “assault weapon” is defined in the law, including with a list of specific firearm models, such as AR-15s.

The Silent Majority Foundation, along with gun sellers in Moses Lake and Ephrata and individuals, sued over the ban in 2023 in Thurston County Superior Court. They say it violates the state constitution that protects the right to bear arms.

The state attorney general’s office countered that policymakers can still regulate uniquely deadly weapons disproportionately used in mass shootings. These guns aren’t suited for self-defense, the state argued. The Silent Majority Foundation disagreed, arguing that the firearms in question are widely owned and so should have constitutional protection.

Lawyers for the state said assault weapons aren’t covered by the state constitution, which states “the right of the individual citizen to bear arms in defense of himself, or the state, shall not be impaired.”

Thurston County Superior Court Judge Christine Schaller sided with the state last month.

“This is another strong affirmation that our state’s gun violence prevention laws are both constitutional and effective,” Alliance for Gun Responsibility CEO Renée Hopkins said in a statement. “Assault weapons have no place in our communities, and Washington has been clear about that.”

The Silent Majority Foundation says this won’t be the final say on Washington’s law.

“The words of the Washington Constitution, which provide that the right to bear arms shall not be impaired, must mean something,” Rob Waites, operations director for the Pasco-based organization, said in an email.

Federal judges in western and eastern Washington have also denied preliminary challenges to the state law. But those cases have been paused in anticipation of an appeals court ruling on California’s assault weapons ban that could have precedence for Washington.

Meanwhile, an East Coast appeals court with a conservative majority is considering the future of New Jersey’s ban. Over the summer, another appeals court upheld Connecticut’s assault weapons prohibition.

Conservative U.S. Supreme Court justices have expressed interest in taking up a case on assault weapons bans, but the high court declined to hear such a case this year. The Bellevue-based Second Amendment Foundation recently urged the court to take up its challenge to a local assault weapons ban in Cook County, Illinois.

Washington is one of 10 states that ban semiautomatic firearms classified as assault weapons. For years during his time as attorney general, Gov. Bob Ferguson pushed for the law in the wake of a shooting at a Mukilteo house party that killed three teens and injured another.

The federal government banned the manufacture of assault weapons in 1994, but allowed the prohibition to expire after 10 years.

The Silent Majority Foundation also took on the state’s ban on the sale of high-capacity ammunition magazines. So far, the group has failed to overturn that law, with the state Supreme Court upholding it this year. The organization has asked the U.S. Supreme Court to review its case.

The foundation was formerly led by Pete Serrano, an unsuccessful Republican candidate for state attorney general last year. In August, President Donald Trump named Serrano interim U.S. attorney for Washington’s Eastern District. The Senate has yet to confirm Serrano to the permanent post amid opposition from Washington Democratic Sen. Patty Murray.

Waites noted Serrano isn’t affiliated with the foundation while he’s serving as U.S. attorney.

The state is sure to face more legal challenges on its gun laws, as its new permit-to-purchase system takes effect in 2027. Lawmakers passed the controversial policy this year.

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