Gators Custom Guns Update!
Thank you, Judge Bashor
Hello SMF family! This morning was our scheduling hearing in Cowlitz County for our Gators Custom Guns case. We wanted to update you all now that we have the schedule and some important points that were brought up by the judge in this case.
Watch our interview with Wally here:
Today, we had a hearing on the scheduling order in this case, although it ended up being a 45- minute hearing (remember, scheduling orders are usually agreed upon by the parties without a hearing). Two issues came out today’s; each requires SMF and the State to provide briefs to the court.
Issue One, the State has been pushing to have expert testimony in this case. Judge Bashor was clear that under the Heller test (District of Columbia v. Heller—2008 US Supreme Court case), expert testimony is not required to show that: (1) the prohibited magazines are arms; and (2) that these arms are protected by the Constitution. SMF filed our expert reports on Friday (12/1) with the Court; the State emailed their expert reports to SMF on 12/1. Today, Judge Bashor instructed the State to file the expert reports for his review to determine whether the experts address the two constitutional questions, above. A quick review of the state’s experts demonstrates that they’re focused on the statistics and usage firearms in self-defense as the State interprets the US Supreme Court’s test in NY Rifle and Pistol Association v. Bruen, to limit fire arm protection to deployment of the arm in self-defense. The State’s experts claim that individuals statistically fire less than 10 rounds in self-defense (2.2 to be precise); therefore “large capacity” magazines, having no purpose in self-defense, are not constitutionally protected. When the State cited Bruen for this position at a previous hearing, Judge Bashor was quick to remind the State’s attorneys that Bruen has more than 1 paragraph.
Issue Two, Judge Bashor reiterated that additional briefing focused on the constitutionality of SB5078 is necessary. This is huge because the Constitution should be what matters most in our court system, and the Judge is placing it in its proper spot. The court system is for the people. Regardless of statistics or whether a firearm is deployed in self-defense, Washington’s founders were clear: this right “shall not be impaired.”
With these issues in mind, we forge ahead. We feel very positive about the fact that Judge Bashor is focused on constitutionality of SB 5078case. If the ban is unconstitutional it is illegal; likewise if the ban is illegal then selling LCM’s is not illegal and the States case is moot. We will continue to keep you updated on this case.
Below is the schedule for this case. We ask that anyone who can show up to the Cowlitz County Courthouse on January 22nd at 1:00 PM to show support for Wally, we would greatly appreciate it. Thank you so much to each of you who showed up today! It is an honor to stand with you all.
Gator Guns Schedule
Issue One (Need for Experts to tell the Judge whether LCMs are constitutionally protected)
12/22/2023 – State Brief Justifying Expert Opinions due.
12/22/2023 – SMF Response to State Expert brief due.
12/29/2023 – State Reply brief due
Issue Two (Need for Experts to tell the Judge whether LCMs are constitutionally protected)
12/18/2023 – SMF Constitutionality brief due.
01/05/2024 - State response due.
01/15/2024 - Silent Majority Foundation Reply due.
01/22/2024 – HEARING ON CONSTITUTIONALITY OF SB 5078. 1:00PM at Cowlitz County Courthouse
2A Headlines
New Year, New Laws for those in Washington State - Washington Gun Law
The Biden administration is identifying militia violent extremists by looking for the symbol “2A” or they talk about “the right to bear arms.”
2A Victory: Judge Rules Federal Ban on Handgun Sales to 18- to 20-Year-Olds Unconstitutional.
Goodbye 2023, Hello 2024.
As we look forward to a new year, we will be sharing with you all that has been accomplished this last year. It is an honor to be answering this call to stand for the rights of Washington state citizens. We are so thankful for the generous donations of our supporters that have allowed us to do what we do best - fight for freedom. This month we are rolling out our Stock Donator program which is a great way to get those last-minute write-offs. We are also focused on making more opportunities to connect with our Members! Stay tuned for our “Year in Review” and how you can help us make 2024 even more of a nightmare for Jay, Bob and the gang! We the people!
-Team SMF