Washington Attorney General Bob Ferguson secured another legal victory today, as a federal judge rejected an attempt to block the state’s new ban on the sale of assault weapons. This marks the fourth time a court has ruled in favor of keeping the ban in place while legal challenges continue.
In the case Banta, et al. v. Ferguson, et al., U.S. District Court Judge Mary Dimke denied a request for a preliminary injunction to halt the enforcement of House Bill 1240. The lawsuit, brought by the National Shooting Sports Foundation and other plaintiffs, sought to prevent the law from taking effect while the courts reviewed its constitutionality.
This decision follows three previous rulings in 2023 that upheld the law. In September, Thurston County Superior Court Judge Allyson Zipp denied a request for a preliminary injunction in Guardian Arms v. Inslee. Earlier in June, the same judge rejected a motion for a temporary restraining order in that case. Also in June, U.S. District Court Judge Robert Bryan declined to block the law in another case, Hartford, et al. v. Ferguson, et al.
Ferguson and Governor Jay Inslee jointly pushed for House Bill 1240, which was signed into law on April 25, 2023. The ban took effect immediately, and legal challenges were filed the same day.
“Once again, we defeated the gun lobby’s attempt to block the ban on the sale of assault weapons,” said Ferguson. “This common-sense reform protects Washingtonians by restricting access to weapons of war that devastate entire communities. We will continue defending the law in court.”
Ferguson first proposed a ban on the sale of assault weapons in 2017, following a tragic mass shooting at a Mukilteo house party in 2016, where the shooter used a military-style assault rifle and a high-capacity magazine.
The law prohibits the sale, manufacture, and import of assault weapons in Washington state, while allowing exemptions for law enforcement and military use. Importantly, the law does not ban the possession of assault weapons that were legally purchased prior to its enactment.
Washington is the 10th state to implement such a ban, joining others in restricting access to assault weapons in the interest of public safety. Multiple federal courts have upheld similar laws as constitutional, providing a legal precedent for Washington’s new legislation.