Judge Dismisses 3rd Attempt to Block Washington State ‘Assault Weapons’ Ban

So-called “assault rifles” hang on the wall for sale at Blue Ridge Arsenal in Chantilly, Va., on Oct. 6, 2017. (Jim Watson/AFP via Getty Images)

A county judge in Washington state tossed out an attempt to block the state’s ban on so-called assault weapons—the third time in less than three months that a judge has ruled against such requests.

On Sept. 1, Thurston County Superior Court Judge Allyson Zipp rejected a request for a preliminary injunction blocking the implementation of HB 1240. The bill prohibits the manufacture, importation, distribution, and sale of more than 50 types of guns, including AK-47 and AR-15 style rifles, which are classified as assault weapons.

The decision came as part of a lawsuit filed by firearms training firm Guardian Arms against Democrat Gov. Jay Inslee.

The lawsuit claimed that the state’s definition of “assault weapon” is too vague and that the firearms being targeted by the law haven’t been used in many mass shootings in Washington.

Judge Zipp had earlier rejected a similar request for a restraining order on June 23. The request had come as part of the Guardian Arms v. Inslee case and sought to block the law. On June 6, U.S. District Court Judge Robert Bryan rejected another request to block the assault weapons ban as part of a separate lawsuit.

State Attorney General Bob Ferguson proposed the ban on assault weapons in 2017 following a mass shooting at a house party in Mukilteo, Washington, in 2016. The shooter had used an AR-15 style rifle.

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During the 2023 legislative session, Mr. Ferguson and Mr. Inslee jointly called for a ban on the sale of so-called assault weapons. Mr. Inslee signed the bill into law in April.

“These weapons of war of assault weapons have no reason other than mass murder. Their only purpose is to kill humans as rapidly as possible in large numbers,” the governor said at the time.

Legal challenges against the ban began immediately.

Following the recent decision by Judge Zipp, Mr. Ferguson said that “my legal team remains undefeated against the gun lobby in court. ... This common-sense gun reform will save lives by restricting access to the preferred weapon of mass shooters.”

The Second Amendment Foundation had earlier complained about HB 1240, with founder Alan M. Gottlieb calling the bill “absurd.”

“The state has put politics ahead of constitutional rights, and is penalizing law-abiding citizens while this legislation does nothing to arrest and prosecute criminals who misuse firearms in defiance of all existing gun control laws,” Mr. Gottlieb said.

Democrats Pushing Gun Ban

The United States instituted a ban on “assault weapons” between 1994 and 2004. During a speech in August 2022, President Joe Biden claimed that mass shootings surged after the ban expired.

“Back in 1994, I took on the NRA and passed the ‘assault weapons’ ban. For 10 years, mass shootings were down. ... But in 2004, Republicans let that ban expire, and what happened? Mass shootings tripled,” he said.

However, a study commissioned by the National Institute of Justice in 2004 (pdf) stated that “we cannot clearly credit the ban with any of the nation’s recent drop in gun violence. And, indeed, there has been no discernible reduction in the lethality and injuriousness of gun violence.”

In February, then-U.S. Rep. David Cicilline (D-R.I.) introduced the Assault Weapons Ban of 2023 in the House, but the bill didn’t advance.

In March, President Biden pushed his assault weapon ban agenda once again in the aftermath of a school shooting in Nashville, Tennessee.

“I call on Congress again to pass my assault weapon ban. It’s about time we begin to make some progress,” he said in a March 28 post on X, formerly known as Twitter.

Expansive Gun Control

The Biden administration is also proposing a rule that would essentially classify any American who sells guns as a firearms dealer, thereby tightening gun control measures in the country.

At present, individuals can engage in selling firearms for profit without having to be a registered firearms dealer. The new rules would classify gun sales under business activities and require that individuals get a license as well as undertake background checks.

The rules would be applicable if the individual offers for sale any firearms with the purpose of making a profit, repetitively offers for sale firearms within 30 days after being purchased or if the firearms were new in their original packaging, or if they sell multiple firearms of the same make and model.

The National Rifle Association–Institute for Legislative Action (NRA–ILA) has criticized the Biden administration’s move, with NRA Executive Director Randy Kozuch calling it “yet another step in their campaign to attack law-abiding gun owners.”

“The Bipartisan Safer Communities Act’s passage is now a pretext to require government permission before exercising a constitutional right. It’s a stark reminder to legislators: Give gun controllers any legislative tool, no matter how benign, and they’ll use it to shred the Second Amendment,” he said.

“The Biden Administration will clearly use all the tools at their disposal to interfere with our freedoms while doing nothing to stop the violent criminals responsible for America’s recent crime surge.”