LEGAL UPDATE 10/23/2023 WASHINGTON STATE GUN CONTROL (HB1240 HB5078 HB1705) - LIMITLESS AMERICA/SILENT MAJORITY FOUNDATION

10/23/2023 UPDATE: LIMITLESS AMERICA & SILENT MAJORITY FOUNDATION

HB1240 is currently on a motion for discretionary review directly with the Supreme Court. I filed my brief 10/13, explaining why the Thurston County Superior Court got the motion for preliminary injunction wrong, and why the Supreme Court should hear an appeal. The State now has the chance to brief, due Nov 15. There is a hearing before the Supreme Court Commissioner (gatekeeper) on December 6. 

HB5078 has had some interesting action, both in federal court and a new state court action. In Brumback (federal court), our motion for preliminary injunction was denied, but not on the merits necessarily, the judge basically stated we didn’t provide enough historical data for her to make a decision. So, we plan on bringing a motion for summary judgment relatively soon. Part of the issue is we challenged 5078 under both U.S. and Wash. Constitutions, and we have another more time-sensitive case in state court now. I’m sure you have seen or heard about the Gator’s Custom Guns challenge, in which we challenged a Civil Investigative Demand issued by the Attorney General. They tried to withdraw it, but we also filed a petition for declaratory judgment, seeking a declaration that 5078 is unconstitutional. The court consolidated the two actions, and in doing so, the judge signaled that he seems skeptical as to the blanket prohibition. I think there’s a decent likelihood of success. 

HB1705 is still in purgatory, waiting on the Court of Appeals commissioner (gatekeeper) to issue an opinion on whether we can seek discretionary review in the Court of Appeals for Division 3. There, we appealed the ruling that the case needed to be transferred to Thurston County from Stevens County. I think we have a good shot at winning that appeal, as I don’t believe the two cases relied upon by the State actually lead to the conclusion that any challenge basically needs to be brought in Thurston County. The opinion was expected last week by the commissioner’s estimation, so it should be forthcoming any day.

Austin F. Hatcher Principal Attorney