Graphic from NRA-ILA which worked to prevent passage of Washington S.B. 5078.
The Washington State legislature has passed a new statute which will prohibit the purchase, sale, or transfer of firearms magazines which hold more than ten (10) rounds. This new law, Washington Senate Bill 5078, goes into effect on July 1, 2022. This new Washington law has a “grandfather” clause that allows current owners of large-capacity mags to retain them. However, no one may transfer such magazines in the state after 7/1/2022.
The Firearms Policy Coalition (FPC) plans to file legal actions to challenge the new Washington state magazine bans. The FPC issued this statement:
By enacting the unconstitutional S.B. 5078, the State of Washington has further restricted the fundamental human rights of Washington residents and visitors by banning the transfer and other conduct related to so-called “large capacity” magazines. FPC condemns this latest act of state aggression and will not allow this law to go unchallenged. To that end, FPC Law will be taking aggressive action to fight this immoral law and seek to have it enjoined and declared unconstitutional.
In S.B. 5078, the State banned the manufacture, import, distribution, sale, or offering for sale any large capacity magazine, which is now defined (with some minor exceptions) as ammunition feeding devices with the capacity to accept more than 10 rounds of ammunition, or any conversion kit, part, or combination of parts, from which such a device can be assembled if those parts are in possession of or under the control of the same person.
The bill also makes distributing, selling, offering for sale, or facilitating the sale, distribution, or transfer of a large capacity magazine online an unfair or deceptive act or practice or unfair method of competition in the conduct of trade or commerce for purposes of the State’s consumer protection act.
Firearms Policy Coalition Seeks Washington Residents as Plaintiffs
FPC Law, which plans to challenge the new WA state mag ban, is currently looking for potential plaintiffs who are Washington residents residing in one of the following counties: Clallam, Clark, Cowlitz, Grays Harbor, Island, Jefferson, King, Kitsap, Lewis, Mason, Pacific, Pierce, San Juan, Skagit, Skamania, Snohomish, Thurston, Wahkiakum, and Whatcom. Contact FPC Law at 2AHotline.com if you may be interested in being a plaintiff.
About the Firearms Policy Coalition
The Firearms Policy Coalition (firearmspolicy.org), is a 501(c)4 nonprofit organization set up to defend constitutional rights and restore freedom. FPC’s efforts are focused on the Right to Keep and Bear Arms and adjacent issues including freedom of speech, due process, unlawful searches and seizures, separation of powers, asset forfeitures, privacy, encryption, and limited government. FPC Law (FPCLaw.org) claims the nation’s largest public interest legal team focused on the Right to Keep and Bear Arms and Second Amendment litigation.
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Under the current administration in Washington, Second Amendment rights are under attack. President Biden wants to restrict handguns and ban modern semi-automatic rifles such as the AR-15. And the ATF continues to digitize millions of sales records, effectively creating a national Firearms Registry, in direct violation of Federal law.
To help fight these trends, Brownells encourages all gun owners to take collective action to help defend the Second Amendment. For this purpose Brownells has declared the first-ever Second Amendment Day (2A Day) on February 2, 2022 — 2-22-2022.
FREE Range Sessions, FREE Ammo, and FREE Food
On 2A Day you can shoot for free — on Brownells’ nickel — at affiliated gun ranges. On 2-22-2022, Brownells has partnered with a few gun ranges to host 2nd Amendment Day range sessions. The range sessions will include free range time, limited free ammo, and free food for those who attend.
Post your Second Amendment Day Range Sessions
Brownells encourages Second Amendment supporters unable to attend a participating range to shoot at a nearby, local range and post photos of their 2A Day activities on social media with hashtag #2ADay.
Join a Second Amendment Organization
Brownells recommends that gun owners join a national and/or state-level gun rights organization. Brownells will promote the Firearms Policy Coalition (FPC), Second Amendment Foundation (SAF), and American Suppressor Association (ASA) on its website. Brownells will also feature a clickable USA map which visitors can use to find a state organization to join.
Brownells states: “The most important thing you can do is join with us to help preserve, protect and expand your 2nd Amendment rights. Join a state level organization promoting gun rights where you live. Join a national organization to help protect freedom for the whole country. In the spirit of joining, Brownells will purchase FPC memberships for its employees, and donate $22,222 each to FPC, SAF, the ASA, and the Iowa Firearms Coalition.”
Advocate for Your Rights — Contact Your Legislators
Brownells encourages all gun owners to advocate for the 2nd Amendment by contacting their state and federal lawmakers and communicating citizen support for gun rights. The National 2nd Amendment Day webpage includes tips on how to how to effectively communicate with politicians.
“The spirit of this event is to designate a day that we, as a nation, recognize, celebrate and do our part to secure one of the most important rights guaranteed by our Constitution – the right to keep and bear arms,” said Pete Brownell, Chairman of the Board. “This event, which we hope continues to grow in size, scale and scope, is aimed at bringing all freedom-loving Americans together on one day – 2/22 – this year and every year going forward to show support for our beloved 2nd Amendment.”
Looking downrange at the Ojai Valley Gun Club in Ventura County, California, where our Editors shoot.
In California, Democratic Governor Newsom has allowed local city/county officials to shut down FFLs and gun retailers by local order. Some California counties allowed gun stores to operate, but most did not, creating legal confusion and inconsistency. And because of strict California laws on ammunition sales, this has meant that the majority of Californians could not purchase ammunition, a clear violation of their Second Amendment Constitutional rights.
The Firearms Policy Coalition (FPC), Second Amendment Foundation (SAF) and California Gun Rights Foundation (CGF) challenged these gun store closures. And today we’re happy to report a big victory. After being sued in Federal District Court, the County of Ventura (population 846,000) has allowed firearm and ammunition dealers to open again. Effectively County officials conceded that their orders were unjustified and unconstitutional. See filings in the case of McDougall v. County of Ventura.
Just days before a hearing on a motion for preliminary injunction against orders banning gun stores from operating, lawyers for the County of Ventura filed documents saying the defendants* have issued a new order to re-open firearm and ammunition dealers throughout the county.
Gun Store Closures Violated Citizens’ Second Amendment Rights
“County of Ventura officials were either outrageously ignorant or arrogant to think they had the authority to redline fundamental, individual rights”, said FPC President Brandon Combs. “They should remember that they are just local officials on a power trip, not dictators, and we will continue to seek justice for their abusive constitutional violations”. Adam Kraut of the FPC added: “Ultimately, they have already admitted in court that they violated constitutionally enumerated rights”. Other Federal Courts have recently held that the Second Amendment DOES protect citizens’ right to buy guns and ammunition. (See McCarthy v. Baker, in Massachusetts District Court.)
“The facts are that the Ventura County defendants made it a crime for individuals to patronize … firearm and ammunition retailers, and worse, these government officials banned travel for firearms and ammunition as ‘non-essential’. Those are precisely the kinds of actions our Constitution was designed to protect against, so we look forward to the next phase of litigation in this lawsuit,” said the plaintiffs’ co-counsel, attorney Raymond DiGuiseppe.
“The county choosing to re-open firearm and ammunition transactions rather than face our motion in court is a victory for gun owners and the Second Amendment”. — SAF Exec. V.P. Alan Gottlieb.
Ronda N. Baldwin-Kennedy, an attorney for the plaintiffs, said that the County’s latest filing was a move to avoid losing the case early. “The defendants were obviously wrong on the law… We are delighted that this lawsuit moved the County to issue another order so that our clients and the people of Ventura County can exercise their constitutional rights”.
“Onerous California laws make access to operating gun stores a requirement to exercise your Second Amendment rights”, explained CGF Chairman Gene Hoffman. “The right to self-defense is only more important during times of crisis[.]” Individual firearm or ammunition purchasers, retailers, and ranges affected by ‘stay-home’ or shutdown orders are encouraged to report their concerns and potential civil rights violations to Firearm Policy Coalition COVID-19 Issue Hotline at FPChotline.org.
* Defendants in the case include Ventura County Sheriff William “Bill” Ayub, William T. Foley, the Director of the Ventura County Public Health Care Agency, Robert Levin, the Public Health Medical Director and Health Officer for Defendant County of Ventura, and the County of Ventura, California.
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