Platinum Vendor
- Messages
- 896
- Reactions
- 3,278
Since 1791, our country has held fast a strong tradition of citizens ability to lawfully possess, purchase, manufacture and use firearms for all lawful purposes. Our State Constitution protects this long held, inalienable right, with even stronger language, "shall not be impaired". These Constitutional guardrails have been willfully ignored by this legislature, in the name of virtue signaling and fundraising.
Judicial standards for Constitutional review of firearm prohibitions have been reaffirmed under the Supreme Court decision in NYSRPA v Bruen (June 2022). Through a series of 4 SCOTUS rulings (MacDonald v Chicago, Caetano v Massachusetts, Heller vs District of Columbia, NYSRYPA), the method for review requires the state provide historical text and tradition as informed by history at the time of founding. As other states have already found, in nearly every federal district court since, that these traditions in law, do not exist. In New Jersey, Federal Judge Renae Bumb, excoriated the New Jersey Senate President and Speaker of the house, for their "Bruen response" legislation. She told them that the state should have recognized that this law would be challenged, that they should have done their due diligence to address the Bruen analysis when preparing their legislation. They failed to do that during the session, and furthermore they failed to address that analysis in their court pleadings.
The Washington State legislature is reacting to the Bruen standard and as have other states, they willfully ignored it. These prohibition and restrictive laws, are failing in every district court across the country. Dozens of federal cases have been granted certori, vacated, and remanded to lower courts for review in alignment with the Bruen standard, those cases are reaffirming the Bruen analysis. In addition, many state courts are also applying Bruen, and setting restrictive gun laws.
HB1240 law is headed to federal court, guaranteed. It is a clear violation of the 2nd amendment, as well as an illegal taking as found under the 5th amendment. The state legislature has tasked the Attorney General's office with a spirited defense of patently unconstitutional bill. Rather than waiting for legal arguments to unfold in the 9th circuit, (Duncan/Miller/Runde v Bonta, Mitchell v Atkins 1639 Challenge, Brumback v Ferguson Washington Magazine Ban) they chose to burden Washington taxpayers with more legal costs in the name of a failed policy choice. The Washington AG's Amicus Briefs, filed in other district court actions, have already been rejected. We should not expect Washington State to discover additional laws and regulations, that have eluded the AG offices from New York, New Jersey, California, Texas, Illinois, Massachusetts, Colorado, Rhode Island, Hawaii and a handful of others.
We too, are deeply concerned about gun violence in our society. We promote the safe and responsible use for firearms for all lawful purposes, and work to support that endeavor through education, outreach and grassroots legislative action. As these laws being properly analyzed and found unlawful, perhaps we can have real conversations about real solutions to gun violence, criminal use of firearms and the abject failure of liberal crime policies that have enabled violent crime to soar in our great state. We look forward to challenging this bill in the federal court, restoring the freedom of law abiding Washingtonians, and presenting the State of Washington with our legal bills.
Daniel Mitchell
President & Co Founder,
Washington Civil Rights Association
Judicial standards for Constitutional review of firearm prohibitions have been reaffirmed under the Supreme Court decision in NYSRPA v Bruen (June 2022). Through a series of 4 SCOTUS rulings (MacDonald v Chicago, Caetano v Massachusetts, Heller vs District of Columbia, NYSRYPA), the method for review requires the state provide historical text and tradition as informed by history at the time of founding. As other states have already found, in nearly every federal district court since, that these traditions in law, do not exist. In New Jersey, Federal Judge Renae Bumb, excoriated the New Jersey Senate President and Speaker of the house, for their "Bruen response" legislation. She told them that the state should have recognized that this law would be challenged, that they should have done their due diligence to address the Bruen analysis when preparing their legislation. They failed to do that during the session, and furthermore they failed to address that analysis in their court pleadings.
The Washington State legislature is reacting to the Bruen standard and as have other states, they willfully ignored it. These prohibition and restrictive laws, are failing in every district court across the country. Dozens of federal cases have been granted certori, vacated, and remanded to lower courts for review in alignment with the Bruen standard, those cases are reaffirming the Bruen analysis. In addition, many state courts are also applying Bruen, and setting restrictive gun laws.
HB1240 law is headed to federal court, guaranteed. It is a clear violation of the 2nd amendment, as well as an illegal taking as found under the 5th amendment. The state legislature has tasked the Attorney General's office with a spirited defense of patently unconstitutional bill. Rather than waiting for legal arguments to unfold in the 9th circuit, (Duncan/Miller/Runde v Bonta, Mitchell v Atkins 1639 Challenge, Brumback v Ferguson Washington Magazine Ban) they chose to burden Washington taxpayers with more legal costs in the name of a failed policy choice. The Washington AG's Amicus Briefs, filed in other district court actions, have already been rejected. We should not expect Washington State to discover additional laws and regulations, that have eluded the AG offices from New York, New Jersey, California, Texas, Illinois, Massachusetts, Colorado, Rhode Island, Hawaii and a handful of others.
We too, are deeply concerned about gun violence in our society. We promote the safe and responsible use for firearms for all lawful purposes, and work to support that endeavor through education, outreach and grassroots legislative action. As these laws being properly analyzed and found unlawful, perhaps we can have real conversations about real solutions to gun violence, criminal use of firearms and the abject failure of liberal crime policies that have enabled violent crime to soar in our great state. We look forward to challenging this bill in the federal court, restoring the freedom of law abiding Washingtonians, and presenting the State of Washington with our legal bills.
Daniel Mitchell
President & Co Founder,
Washington Civil Rights Association
