Source link: https://www.atg.wa.gov/news/news-releases/ag-ferguson-s-statement-after-successfully-defending-high-capacity-magazine
YAKIMA — Attorney General Bob Ferguson released the following statement today after a federal judge in Yakima rejected an attempt by the Silent Majority Foundation to block Washington’s ban on the sale of high-capacity magazines:
“Washington state is undefeated in court against challenges to Washington’s common-sense firearm safety laws. My office wrote this law. It is constitutional. It will save lives. I look forward to continuing to successfully defend it.”
Background
In March of 2022, the Washington Legislature passed the law, requested by Ferguson, which bans the sale of ammunition magazines that hold more than 10 rounds. The bill was sponsored by Sen. Marko Liias, D-Lynnwood. Ferguson had pursued the policy every year since 2016, after a 19-year-old used an assault weapon and a high-capacity magazine to kill three students and seriously wound a fourth in Mukilteo.
A few months after the shooting, in September 2016, Ferguson stood beside parents of shooting victims, legislators, mayors, police chiefs and representatives of the faith community and vowed to continue proposing legislation to ban the sale of high-capacity magazines every year until it passed.
Thirteen states, including Washington, and the District of Columbia all restrict high-capacity magazines. In November, Oregon joined Washington after voters there approved Measure 114, which restricted magazine capacity and required a permit to purchase firearms in Oregon.
Washington’s law went into effect in July of 2022. Though the plaintiffs in the case argued that they are “irreparably” harmed by it, they did not seek a preliminary injunction to block the law for more than three months after it was in effect.
Today, U.S. District Court Judge Mary K. Dimke denied the plaintiffs’ motion for a preliminary injunction. Judge Dimke found the plaintiffs are unlikely to succeed on the merits because they failed to establish that the Second Amendment applies to the regulation of high-capacity magazines.
From the decision: “ESSB 5078 is the product of the democratically elected Washington legislature. If the Court is to declare ESSB 5078 unconstitutional, it will not do so lightly. Injunctive relief is ‘an extraordinary remedy that may only be awarded upon a clear showing that the plaintiff is entitled to such relief.’ … The Court will not reduce the evidentiary rigor required for an injunction such that Plaintiffs may obtain one here by citing to articles found on the internet, without explaining their academic and scientific worth, or historic accuracy. … At present, the evidence in the record is insufficient to establish that Plaintiffs are likely to prove that large capacity magazines fall within the Second Amendment right.”
Multiple other federal courts have upheld laws limiting magazine capacity. In July, a federal judge in Oregon upheld that state’s new law. In that challenge, Judge Karin J. Immergut ruled that Oregon’s restriction on high-capacity magazines is lawful under the test established by the U.S. Supreme Court’s most recent firearms ruling in New York State Rifle & Pistol Association v. Bruen.
There is a second challenge to Washington’s high-capacity magazine sales ban pending in U.S. District Court for the Western District of Washington, filed by the Second Amendment Foundation and the Firearms Policy Coalition, among other parties.
Assistant Attorneys General July Simpson, William McGinty, Andrew Hughes and Brian Hunt Rowe, First Assistant Attorney General Kristin Beneski, Legal Assistant Christine Truong and Paralegal Amy Hand are handling the case for Washington.
Successfully defending Washington’s firearms safety laws
The Attorney General’s Office is undefeated in defending state law from attacks by the gun lobby:
Northwest School of Safety v. Ferguson: Plaintiffs including the Second Amendment Foundation challenge to Initiative 594, which required background checks on all gun sales.
Mitchell v. Atkins: Plaintiffs including the National Rifle Association and the Second Amendment Foundation challenge to Initiative 1639, which restricted the sale of assault weapons to individuals over the age of 21, and imposed background check requirements.
Slone v. Washington: Plaintiffs including Gun Owners of America challenge to I-1639.
Silent Majority Foundation, et al. v. Jay Inslee, et al.: Plaintiffs including the Silent Majority Foundation challenge to House Bill 1705, banning ghost guns.
Hartford et al. v. Ferguson et al.: Plaintiffs including the Second Amendment Foundation and the Firearms Policy Coalition challenge to House Bill 1240, which bans the sale of assault weapons in Washington.
Guardian Arms v. Inslee: Plaintiffs including the Silent Majority Foundation challenge to House Bill 1240, which bans the sale of assault weapons in Washington.
The Attorney General’s Office has also successfully brought cases to enforce firearms safety laws:
State of Washington, et al., v. U.S. Department of State et al.: Defendants including Defense Distributed and the Second Amendment Foundation, sought to distribute 3D-printable gun files.
State of Washington v. Federal Way Discount Guns: Defendants represented initially by the Silent Majority Foundation sold high-capacity magazines in violation of Washington law.
State of Washington v. Gator’s Custom Guns: Defendants unlawfully offered more than 11,400 high-capacity magazines for sale.
In other State News Headlines:
Judge orders Seattle business scamming immigrants to pay back victims, plus interest.---WAAG
Commerce awards $35.4 million for solar power with battery back-up systems to bolster community resilience--WA COMMERCE DEPT.
Ecology taking broad environmental planning look at potential solar, onshore wind energy facilities.
OLYMPIA –
Earlier this year, the Washington Legislature passed a law to support renewable power by focusing on ways to improve siting processes for clean energy facilities.--DOE
Environmental penalties issued for first half of 2023.
OLYMPIA –
The Washington Department of Ecology issued $562,540 in penalties of $1,000 or more from Jan. 1, 2023 – June 30, 2023. $422,640 of that total was issued in the first quarter and $139,900 in the second quarter. A detailed list of the violations and resulting penalties is in the table below.--DOE
Statement on NPS and USFWS draft EIS and proposed 10(j) rule for restoring grizzly bears to the North Cascades.
“We are committed to grizzly bear recovery in Washington and will engage with the federal agencies as required by law,” said Eric Gardner, WDFW Wildlife Program Director. “WDFW has been an active participant in the Interagency Grizzly Bear Committee, working alongside other western states for the conservation and management of the species. The addition of the proposed 10(j) rule would allow for more management flexibility in Washington and increased collaboration with our federal partners.”---WDFW
2) NEWS FROM OUR CONGRESSIONAL DELEGATION
Seattle’s Ada Developers Academy Wins $714K Federal Grant to Train Women Software Developers
Cantwell: WA expects “A 60,000 STEM worker shortfall by 2026 … We’ll never have enough workers if we don’t include more women”--PRESS RELEASE
Cantwell Announces Colville & Spokane Tribes to Strengthen, Modernize Electrical Grid With $5.44M in Federal Grants
Cantwell: Investments to help lower energy costs while helping ensure the lights stay on during an emergency--PRESS RELEASE
KILMER, BACON INTRODUCE LEGISLATION TO IMPROVE MENTAL HEALTH CARE IN RURAL COMMUNITIES
"Across the country, there is a critical shortage of facilities dedicated to mental health and SUD treatments. This deficit spans from inpatient beds to essential step-down services like intensive outpatient programs and partial hospitalization. Consequently, numerous patients are left without appropriate care, often finding themselves in emergency departments as a last resort. A case in point is Seattle Children’s Hospital, where a staggering 50% or more of emergency beds are consistently occupied by children awaiting mental health care. Such extended stays not only adversely affect the well-being of these patients but also strain the hospital’s capacity to address other emergent situations."--PRESS RELEASE
Senator Murray Applauds Committee Passage of Bipartisan SAFER Banking Act, Pushes to Get Cannabis Banking Bill Across the Finish Line--PRESS RELEASE
3) WORLD, NATIONAL, & BUSINESS HEADLINES:
Only 15 Per Cent of Global Development Goals on Track, as Multiple Factors Stall, Hamper, Reverse Inclusive and Sustained Development, Third Committee Stresses
But with Fundamental Shift in Global Behaviour, Still Possible to Achieve Just, Peaceful, Sustainable World, UN Official States--UN PRESS RELEASE
Conflicts, Disasters Driving More Migrants to Risk Mediterranean Crossing, Briefers Warn Security Council Ahead of Libya Mandate Decision
The Mediterranean remains a perilous route for a swelling number of migrants and asylum seekers trying to reach Europe, Security Council members said today, as they discussed the situation in the high seas off Libya ahead of a decision to renew resolution 2240 (2015), which authorizes States and regional groups to inspect and seize vessels in that area suspected of being used for migrant smuggling or human trafficking.--UN PRESS RELEASE
Statement by Ambassador Linda Thomas-Greenfield on the President’s Advisory Council on African Diaspora Engagement in the United States--USUN
Remarks at a UN Security Council Meeting on Maintenance of International Peace and Security--USUN
How the People’s Republic of China Seeks to Reshape the Global Information Environment---STATE DEPT.
NATION
President Joe Biden to Establish First-Ever White House Office of Gun Violence Prevention, To Be Overseen by Vice President Kamala Harris--WH dated 9/21/23
Released From North Korea, U.S. Soldier Now in Texas.
This week, Army Pvt. Travis T. King was released from North Korean custody and returned to American authorities. King is now back in the U.S., in San Antonio, Texas, said Deputy Pentagon Press Secretary Sabrina Singh.--DOD
Hospice Medical Director Sentenced for $150M Hospice Fraud Scheme.
According to court documents, from 2009 to 2018, Jesus Virlar-Cadena, 52, served as the medical director of the Merida Group, a large health care company that operated dozens of locations throughout Texas. ---DOJ
Biden-Harris Administration Moves Forward with Student Debt Relief Negotiated Rulemaking to Deliver Support to as Many Borrowers as Possible as Quickly as Possible--DEPT. OF EDUCATION
EPA Reaches Agreement with Navajo Tribal Utility Authority to Improve Wastewater Treatment--EPA
BUSINESS:
Justice Department Secures Agreement with California-Based Manufacturer to Resolve Immigration-Related Discrimination Claims.---DOJ
Biden-Harris Administration Outlines Strategies to Invest in High-Quality Workforce Development--US TREASURY DEPT.
Closing Remarks
Governor Lisa D. Cook
At the Minorities in Banking Forum, Federal Reserve Bank of Dallas, Dallas, Texas.--THE FED
USDA to Begin Issuing $1.75 Billion to Agricultural Producers Through Critical Emergency Relief Programs--USDA
BIDEN-HARRIS ADMINISTRATION AWARDS $16M TO IMPROVE JOB QUALITY, EXPAND ACCESS TO GOOD JOBS IN CRITICAL SECTORS, INCLUDING CARE, CLIMATE RESILIENCE, HOSPITALITY--DEPT. of LABOR
IN FOCUS & LOCAL MEETINGS.
For 9/27/23
https://pr2345.blogspot.com/p/in-focus-local-meetings-for-92723.html
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