The Second Amendment Foundation Challenges Washington Gun-Control

Constitution Gun iStock-648978888
The SAF, NRA, and two Washington state gun retailers challenge gun-control Initiative 1639 IMG iStock-648978888

U.S.A. -(AmmoLand.com)- 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, a measure adopted two years ago in the Evergreen State.

The 45-page brief asserts 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 a 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,” which it defined as literally any self-loading rifle, regardless of caliber. Tens of millions of semiautomatic rifles are in use today by law-abiding citizens of all ages for a variety of endeavors including 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 and Executive Vice President 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.

Second Amendment Foundation

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ROCK6
ROCK6
6 months ago

“The constitutional rights of law-abiding citizens should never be subject to a popular vote, and we are hopeful the appeals court agrees.” This is a good argument. How would the left “feel” if the popular vote raised the legal age of voting to 25? Remember their argument is always about “reasonable” limits; and if they’re science and biology believers, they would know that adults don’t fully develop their prefrontal cortex until the age of 25…how can any adult make an informed decision when voting when they’re not fully equipped and developed? Yeah, I know, nonsense, but that is the same… Read more »

Drawer22
Drawer22
6 months ago

I recently purchased a Life Membership with SAF. At $150.00, it’s a [legal] steal! Definitely affordable for anyone who’s tried to buy ammo at the inflated prices these days. And it definitely goes to a good cause with which we can all identify!

Cogito, ergo armatus sum.

donfranko
donfranko
6 months ago

You can chase an animal for a long time, but if you corner him and give him NO WAY OUT, he will attack viciously to preserve his right to life and freedom……

loveaduck
loveaduck
6 months ago

I’m tired of judges making law instead of interpreting it constitutionally. You don’t like guns, your honors, move to the UK.

Oldman
Oldman
6 months ago

The ninth is notoriously anti gun.

Tionico
Tionico
6 months ago
Reply to  Oldman

they’ve been slightly changed thanks to some decent judges Mr. Trump nas appointed, but they are yet dicey. Worst case, it will come up before SCOTUS.

I wonder if the judge in Tacoma is that nasty Robard creature? He never met a gun rights restriction law he doesn’t like.

Drawer22
Drawer22
6 months ago
Reply to  Tionico

Tionico – Having followed the 9th Circuit’s decisions for decades, I saw them go from cutting edge to Marxist. With the advent of President Donald John “The Donald” Trump, they’re starting back toward looking at the law, rather than making it (as they’ve gotten a justified reputation for doing). Still, as you say, they’re a dicey lot, but at least it’s dicey, rather than guaranteed to be Marxist with a heapin’ helpin’ of despotic!

De Oppresso Liber

nobodyuknow
nobodyuknow
6 months ago

I hope they prevail in court. Good luck!