Groups File Appeal Brief in Federal Challenge of Washington Gun Control Measure

Second Amendment

Groups File Appeal Brief in Federal Challenge of Washington Gun Control Measure

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 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.

 

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Don McDowell, Arizona native, is an avid outdoorsman and has been an active bass pro fisherman for over 16 years and in the past 15 years has developed his own radio show promoting bass fishing and conservation efforts for bass fishing that escalated to nominations with several bass groups and organizations. In the past 12 years, Don has pursued his conservation agenda through AZBFN-TBF as Conservation Director and with the Arizona Game and Fish Department, in the spring of 2014 redesigned his website to include those efforts highlighted below and has increased the AZGFD exposure, public education of the AZGFD and Commission issues on his radio show and website soliciting local and national support for Arizona. 2014 has seen the founding of SRT Outdoors, Inc., 501 C3 organization, “Not for Profit, for Conservation” which is concentrating on grants for mitigating the effects of Gizzard Shad on Roosevelt lake thorough habitat enhancement, Florida Strain Bass stocking, lakes bottom mapping, etc. and feral hog research.

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