SAF and NRA Challenge Washington Semi-Auto Gun Ban
SAF, NRA File Appeal Brief in Federal Challenge of WA Gun Control Measure
Attorneys representing the Second Amendment Foundation, National Rifle Association, two Washington state gun retailers and three private citizens have filed an appeal brief with the U.S. Ninth Circuit Court of Appeals in their challenge of gun control Initiative 1639 (I-1639), a measure adopted two years ago in the Evergreen State. This appeal in the case of Mitchell vs. Atkins seeks to overturn I-1639’s ban on semi-auto rifle ownership for Washington citizens 18-20 years of age.
The lawsuit challenges the measure on the grounds that it violates the commerce clause by banning sales of rifles to non-residents, and that it unconstitutionally impairs the rights guaranteed by the First, Second and Fourteenth Amendments, and Article I Section 24 of the Washington State constitution by preventing the sale to otherwise qualified adults under age 21 of certain rifles.
The 45-page brief asserts that I-1639: “infringes the rights protected by the Second Amendment and enjoyed by law-abiding adults of all ages. The interstate sales ban violates the Interstate Commerce Clause”. A district court judge in Tacoma dismissed the case in August, and plaintiffs promptly filed notice of appeal with the Ninth U.S. Circuit Court in San Francisco.
The initiative prohibits young adults ages 18-20 from purchasing and owning so-called “semiautomatic assault rifles” — defined as literally ANY self-loading rifle, regardless of caliber. Tens of millions of semi-automatic rifles are in use today by law-abiding citizens of all ages for hunting, competition, predator and varmint control, recreational shooting and personal/home protection.
“We’re asking the Ninth Circuit to reverse a ruling by the lower federal district court, and remand this case back for further action”, said SAF founder/Executive V.P. Alan M. Gottlieb. “The constitutional rights of law-abiding citizens should never be subject to a popular vote, and we are hopeful the Appeals court agrees.”
Plaintiffs are represented by Seattle attorney Joel B. Ard and Spokane attorney David K. DeWolf. The case is known as Mitchell v. Atkins.
The Second Amendment Foundation (www.saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 650,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.
