The Second Amendment Is Not a Second Class Right
Updates on Guardian Arms and Gators
Hello SMFers! We have a few updates in two of our second amendment cases. Attorney Austin Hatcher is knocking these cases out of the park and the SMF team is proud of his work!
Guardian Arms v. Washington
On Friday, July 12, the Superior Court for Thurston County heard our motion to transfer venue back to Grant County. We made our motion based on RCW 4.12.030(3), which provides that venue can be transferred if it will forward convenience of the witnesses or the ends of justice. While the Court denied our motion, in essence we prevailed on the substantive points made in our motion and the State's arguments were both refuted by the Court.
First, the Court ruled that our motion was "premature" as trial is not scheduled until January. While I disagree that this motion is premature, as it was made shortly after all possible witnesses have been disclosed by all parties and their convenience can now be fully considered, the fact that the Court thinks it is too soon to make this motion refutes the State's argument that the motion was "untimely" and made too late.
Second, the Court explicitly stated that it still wields the discretion to make such a decision regarding transfer of venue. This is important because the State argued that the public officer venue statute, which was used to transfer this case from Grant County to Thurston County, is mandatory and that the Court no longer has the discretion to transfer the case. So, while our motion was denied, in effect we are still able to bring this motion again after the summary judgment phase if a trial is still necessary. The Court stated that the denial was without prejudice, acknowledging that we may bring this motion at a later date. If neither party prevails completely in our cross-motions for summary judgment, which are due around mid-September, then we will move to transfer the trial to Grant County.
Washington v. Gators Custom Guns
SMF received a denial of our Motion to modify the Commissioner’s Ruling in our Washington v. Gator’s Custom Guns case. On April 25, 2024, the Washington State Supreme Court Commissioner Granted the State’s Emergency Motion to Stay the Superior Court’s decision regarding ESSB 5078 (the “Large Capacity Magazine” ban). We filed a Motion to Modify the Commissioners Ruling shortly after that ruling. Today, SMF received the Supreme Court’s decision to uphold the Commissioner’s Stay throughout the pending litigation.
This decision was based largely on deference to the legislature’s “finding” that ESSB 5078 would “likely save lives and reduce serious injuries,” while simultaneously noting that the SMF’s claim that the prohibition of Washingtonians’ rights to purchase these magazines impairs a fundamental constitutional right is “speculative.” The court held, “As the constitutionality of ESSB 5078 has not yet been determined, this injury is speculative.” Justice Owens did not sit on the panel, and Justice Gordon McCloud dissented from the decision.
Pete had this to say about the decision: “While we’re disappointed with this decision, this changes nothing about our approach in this continued litigation. In fact, the Court has clarified its view on foundational issues in this matter, including the impact of the Rahimi and Bruen decisions and the Court’s deference to the legislature in challenges to Bills like ESSB 5078. SMF will continue to protect Washingtonians’ Right to Bear Arms.”
Additionally, on July 12th, 2024, the Washington State Attorney General’s office filed its Opening Brief to the Washington Supreme Court in this matter. SMF will file our Response Brief in mid-August, and the State will file its Reply in September. Oral arguments are not yet scheduled.
Attached below is the decision in Washington v. Gators, as well as the Opening Brief filed by the Attorney General’s office.
Despite some setbacks, our team is excited about the potential with each of our second amendment cases. Your donations make it possible for our legal team to focus on doing the work needed to restore and protect your second amendment rights. Thank you! We couldn’t do any of our work without each of you!
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