First lawsuit filed against Washington's assault weapons ban, AG Ferguson confident ban will survive

OLYMPIA, Wash. — Gov. Jay Inslee signed a bill on Tuesday morning that banned the sale, manufacture and import of assault weapons in Washington state.

Washington is now the 10th state in the United States to ban selling assault weapons. 

The House concurred with a floor amendment to House Bill 1240 that was added in the Senate, voting 56-42 to approve it on April 19. The amendment will allow gun manufacturers to sell inventory already in stock prior to Jan. 1, 2023, and only to out-of-state clientele for 90 days after the bill goes into effect. 

The bill does not ban the possession of assault weapons and allows for ownership by law enforcement and military service members, with an exception in cases of inheritance. 

Inslee and Washington State Attorney General Bob Ferguson both took to social media to celebrate the passage of the bill, with Inslee tweeting, "WA does not and will not accept gun violence as normal. Banning the sale of assault weapons, our bill to enact training requirements and a wait period, and the bill to improve accountability of manufacturers and retailers will save lives."

Gun advocates have vowed to challenge the bill in court, arguing the ban violates the second amendment. The Second Amendment Foundation filed a federal lawsuit on Tuesday challenging the ban, asking for preliminary and permanent injunctions. 

“The state has enacted a flat prohibition on the manufacture, sale, import and distribution of many types of firearms, inaccurately labeled as ‘assault weapons,’ which are owned by millions of ordinary citizens across the country,” Second Amendment Foundation founder and Executive Vice President Alan Gottlieb said in a prepared statement. “In the process, the state has criminalized a common and important means of self-defense, the modern semiautomatic rifle. 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. It is absurd.”

Don Teague, owner of Olympia's Private Sector Arms, estimates the ban made more than 85% of his gun inventory unsellable.

He said he is putting those items into storage in case the lawsuits delay or throw out the law.

In the meantime, Teague said he will likely sell more pump-action weapons that are not banned under the new law.

”We’re just going to be inventful finding ways to abide by the current law," said Teague, "And just continue to vote the way we vote and hope that makes a difference in Washington someday.”

Attorney General Ferguson said he was "confident" the weapons ban would survive legal challenges.

"We haven’t lost a case yet against the NRA or the Second Amendment Foundation when they’ve challenged common sense gun reform," said Ferguson, "My legal team is better than their legal team. I’m confident we’ll win again.”

In states that have passed similar laws to HB 1240, litigation has followed. 

In Oregon, Measure 114, approved by voters, is currently held up in court. That law bans high-capacity magazine sales and requires a permit for purchasing firearms.

Watch: Gov. Inslee signs assault weapon ban into law

A rush to buy assault weapons before bill takes effect

HB 1240 applies to all future sales of assault weapons, so customers are rushing to make their purchases before the law goes into effect.

“Everyone is trying to get in at the last minute," said Chris Ohnemus, co-owner of Pintos Guns in Renton. "We’re receiving orders from out of state, people shipping in and people trying to get their paperwork in prior to this going into effect."

Those opposing the legislation said it’s sweeping and more focus needs to be put on mental health.

Supporters of the legislation like the Alliance for Gun Responsibility have been fighting for this in Olympia for years and said it will save lives.

“It's a huge victory. I was in Olympia the day it was initially voted off the Senate floor," said Victoria Muzyk, Communications Director, Gun Alliance for Responsibility. "That was just an incredible and moving moment of history, I will genuinely never forget what that evening felt like."

Backers of the bill cite a federal study that showed if the federal assault weapons ban stayed in effect it would have prevented mass shootings.

“Until we see DC take nation-based action I think it will fall on individual states to really right the direction of what our future looks like so that we can prevent tragedies like these,” Muzyk said.