Case Update: HB1240
from Austin Hatcher
Hello SMF family! We wanted to provide a more in-depth brief on our 2A cases now that we have some movement. Here is an update from Attorney Austin Hatcher:
Regarding our 1240 case: “Orders were just entered that we did not receive the TRO (Temporary Restraining Order), and that Alliance for Gun Responsibility was allowed to intervene as a defendant for the state. With 1240, we know the Court’s position; namely, that she (the judge) doesn’t even think semiautomatic firearms are “arms” that are protected by the Washington Constitution, and that no harm has befallen our plaintiffs or Washington citizens generally because other firearms are available to them and they are still able to purchase those guns.
We are obviously disappointed with the ruling, but think that it is unequivocal that semiautomatic firearms, disparagingly termed “assault weapons” by the state legislature, are protected as “arms” under the Washington Constitution. Swords, fixed blade combat knives, and other weapons which have historically been used for self-defense are protected; it is categorically true that semiautomatic firearms have historically been used for self-defense, and accordingly should be protected under the Washington Constitution.
Additionally, we have received dozens of emails from Washington citizens, which include members and donors of SMF, of the harm they have suffered due to the passage of SHB 1240; namely that they have purchased weapons prohibited by the bill and have been unable to actually receive them, as FFL dealers will not ship those weapons to Washington State, or give them to Washington citizens if the firearm has already been shipped to the state. We also have one petitioner, and other citizens who were too young to purchase a firearm of the type now banned, but have since reached the age of 21, and now are forever prohibited from owning the most common type of rifle, namely a semiautomatic rifle and specifically an AR-15.
In regard to ESSB 1705, we have appealed the Order Transferring Venue to Thurston County, and will be submitting a motion for discretionary review by the end of next week. In a related federal case, the ATF rule prohibiting ghost guns was vacated by a federal district court in the Northern District of Texas (attached below). Good news for us, but not controlling.”
Attached below are the orders related to our 2A cases, as well as the vacate order from the ATF case in Texas. We will continue to fight for you and keep you updated along the way.
Silent Majority Foundation (SMF) is a 501(c)(3) organization centered on protecting America's constitution and theological foundation. As founders of SMF, we support, protect and defend the constitution of our United States through education, advocacy, and litigation efforts. SMF will always focus on God and Country as the core of our mission.
The legislature has harmed me and many others by denying us the value of our private property as well as our rights. My arms collection, assembled through years of effort and investment is encumbered by the costs of sale outside the state and loss local market exposure when I finally make the decision to divest.