Legal Challenge to Washington State's Assault Weapons Ban Progresses Through Discovery Phase
Posted by Nick Collins on Nov 15, 2024
GRANT COUNTY, WA - The Silent Majority Foundation (SMF) continues its legal challenge against Washington State's assault weapons ban (SHB1240) with recent developments in the discovery process.
The controversial law, signed by Governor Jay Inslee on April 25, 2023, prohibits the manufacture, importation, distribution, sale, and offer for sale of firearms classified as "assault weapons" within Washington State. Violations can result in a gross misdemeanor charge, punishable by up to 364 days in jail, a fine of up to $5,000, or both.
Source: Silent Majority Foundation - Instagram
SMF promptly filed a Motion for Temporary Restraining Order and Preliminary Injunction in Grant County Superior Court, arguing that the law infringes upon rights protected under both Article I, Section 24 of the Washington State Constitution and the Second Amendment of the U.S. Constitution. The foundation represents multiple plaintiffs, including Guardian Arms, a local Federal Firearms License (FFL) holder.
In a recent hearing on November 17, 2023, the court addressed the State's Motion to Compel Discovery in the Guardian Arms case. The state sought extensive historical records, requesting sales documentation dating back to 2005 from FFL plaintiffs. However, the court took a measured approach, ruling that the plaintiffs would only need to provide "reasonable" discovery.
According to SMF representatives, this ruling represents a positive development in the case. The decision allows the organization to provide necessary information for the state's case while protecting unrelated or unnecessary data. Sources close to the proceedings noted that the judge, characterized as a neutral decision-maker, took a firm stance in limiting the scope of the state's discovery requests.
The case remains in the discovery phase, with both parties continuing to exchange relevant information. SMF has committed to providing regular updates as the constitutional challenge progresses through the legal system.
The outcome of this case could have significant implications for firearms regulation in Washington State and potentially influence similar legislation across the country.