Wishful Thinking By the State

Motion for Summary Judgment Reply - ESSB5078

Today Silent Majority Foundation filed our reply brief to the Motions for Summary Judgment in the Gators Guns Case. This is our last filing before the oral arguments which will be held on March 11th, 2024 in Cowlitz County.

Statement from Pete Serrano

“As General Counsel for SMF, I’m extremely proud of the work we are doing. I am especially proud of this work that clearly and succinctly lays out why magazines are protected under both Washington State Constitution article 1 section 24, and the United States’ second amendment. I’m also very proud of the great work done by our legal team including Mr. Hatcher, who is the mastermind behind this brief.”

Here are a few of the highlights from the brief that we have attached below.

1. Ultimately, the string cites of district courts which have upheld LCM bans or regulations are persuasive authority, and unpersuasive from an analytical perspective. These district courts may have upheld the bans but the constitutional backing and legal precedence is not there.

2. The analysis of the right to bear arms has never been bifurcated or otherwise separated into subsets of protected arms; the analysis is whether the arms “facilitate armed self-defense” as conceded by the state. Obviously, we need a magazine to allow the usage of a firearm; thus a magazine facilitates effective self-defense.

3. The State further mischaracterizes the findings of the legislature that ESSB 5078 will save lives; the legislature in fact made no such finding, only that it is “likely” to reduce gun deaths and injuries. Criminals, intent on causing harm, will not be stopped or inhibited by clip prohibitions. The state has conceded this point. Disarming law-abiding citizens is not the answer to mass shootings, unconscionable and tragic though they may be.

4. The State cannot simply wish away the fundamental right to bear arms. Though the Legislature may not like the protections we have through the second amendment, this does not provide legal precedence to do away with our constitutional rights.

What next? We Need Your Help!

We have 5 days until our hearing in Cowlitz County. Here are 3 ways you can support Wally and the team at SMF.

1. We would love your support at the hearing if you are able to make it out on March 11th at 9:00 AM.

2. We will be sharing a "We Stand with Wally” post on our social media. Please share that post and help us extend our reach of support for this case.

3. Visit our donation page for Gators Custom Guns and donate to support our legal work.

4. Pray! Prayer is always appreciated and is vital to what we do.

Amended Motion For Summary Judgment Reply

192KB ∙ PDF file

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Thank you all for your continued support! We will keep you updated on this case and others coming up. Stay tuned…