FILED! Motion to Modify Commissioners Stay
Update on Washington v. Gators Guns
Hello SMFers! We know you guys have been asking about this one and we have an update! After the hearing where Commissioner Johnston overturned the injunction on ESSB 5078, our team went right back to work. While we weren’t surprised at the Commissioners granting of the Stay and overturning of this huge win for second amendment rights, it is always disappointing to see such a blatant attack on a Constitutionally-sound ruling for the people of Washington state. The battle continues.
“This action concerns a fundamental right of Washington citizens. Despite prevailing on summary judgment, Respondents, and the people of Washington state, continue to have their fundamental right to bear arms impaired.”
Austin Hatcher, Attorney
Today, Silent Majority Foundation’s Austin Hatcher filed a Motion to Modify the Commissioner’s Ruling Granting the Emergency Motion to Stay. Arguments focused on two main points that we will lay out below.
The balance of harms weighs in favor of dissolving the Stay. The balance of harms analysis weighs the incurring of harms to either party, as well as the public, should an injunction be granted. Considering this Stay is a clear violation of our right to bear arms, the harms imposed on the public are significant. Unlike circumstances where dissolving a stay would allow for the consumption or use of a good (such as allowing construction to continue when stayed), dissolving a stay
returns and protects the rights to the People of Washington.
Appellant only provides purely speculative harms. “…laws like SB 5078 literally save lives.” Do they? The legislature made no such explicit finding and the data does not support such a conclusion. While the prevalence of mass shootings is disturbing and absolutely tragic - we can all agree on that point - it is purely speculative that limiting so-called large capacity magazines would save lives. If this “emergency stay” is an emergency, why was there a full three months between when the bill was signed and when it took effect.
Austin has again knocked this one out of the park! For those who love getting into the nitty-gritty of our arguments, you can check out past case updates that lay out some of the points surrounding our Gators Guns case.
Next Steps…
The decision as to whether the Supreme Court will retain this case or transfer it to the Court of Appeals for consideration is set for determination on the Court’s June 5, 2024 en banc conference. This determination will be made without oral argument.
Any answer to the motion we filed should be served and filed by June 11, 2024. From there, our reply to any answer will be served and filed by June 18, 2024.
We recently received a grant from the NRA that will bring much-needed funds to the table for this case! We are thankful for the support and that the importance of these second amendment cases here in Washington is starting to catch on nationwide. It is likely that we have a long road ahead of us with this case but we are excited to see the tides changing in courts across the nation.
Let’s keep the pressure on the gun-grabbers! Become a monthly donor and for just $50/month you can directly support our litigation efforts to stop the infringement of our second amendment rights.