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WA becomes 10th state in the U.S. to ban assault weapons after Inslee signs bill into law

BY SHAUNA SOWERSBY
ssowersby@mcclatchy.com

Washington state became the 10th state in the U.S. to ban assault weapons on Tuesday when Gov. Jay Inslee signed a bill passed by this year’s legislature as part of a sweeping package of proposals aimed at reducing gun violence.

An emergency clause in the assault weapons bill means that the manufacture, importation, distribution, sale, or offer for sale of any assault-style weapon are immediately banned in the state of Washington.

“These weapons of war have no reason other than mass murder. Their only purpose is to kill humans as rapidly as possible in large numbers,” Inslee said. “And I will say this–AR15s should not be idolized, they should be prohibited and that’s what we’re doing today.”

House Bill 1240 was sponsored by Rep. Strom Peterson, D-Edmonds, and the proposal was co-sponsored by 25 other Democratic lawmakers in the House at the request of Inslee and Attorney General Bob Ferguson.

The bill specifies which types of assault-style weapons are banned, including AK-47s, AR15s, M16s, and M4s in all forms. 

According to Giffords Law Center, nine other states including Hawaii, California and New York, as well as the District of Columbia, have passed general assault weapons bans.

Two other weapons bills passed by state lawmakers this year were signed Tuesday.

One will require a 10-day waiting period before purchasing any firearms in the state of Washington. Currently, a 10-day waiting period is mandatory in the state only when purchasing a semiautomatic assault rifle.

Firearms dealers will not be able to sell or transfer guns without completion of a background check and until 10 days have elapsed since the check was initiated. Those purchasing firearms also will have to show valid proof of a completed firearms safety training program within the last five years, or proof that they are exempt from training requirements.

That bill, House Bill 1143, was sponsored by Rep. Liz Berry, D-Seattle, and will go into effect on Jan. 1, 2024.

The governor also signed Senate Bill 5078, sponsored by Sen. Jamie Pedersen, D-Seattle, which will add more liability for gun manufacturers and dealers.

Under the law, members of the firearm industry must “establish, implement and enforce reasonable controls regarding the manufacture, sale, distribution, import, use, and marketing of the firearm industry members’ firearm and firearm-related products.”

Violations of the law by manufacturers and dealers are considered a public nuisance, and the law enables the AG to investigate and enforce violations of the law. 

The law goes into effect on July 23 and will make Washington one of five states including Delaware, New York, New Jersey, and California to have such laws.

“There is nothing better than saving lives and that’s what we did today,” Inslee told reporters after the bill signing. 

State Republican lawmakers consistently voted against all of the gun measures introduced and supported by most state Democrats this year, and some legislators such as Rep. Jim Walsh, R-Aberdeen, have been particularly vocal about the bills. 

The House lawmaker criticized Democrats’ definition of assault weapons in the legislation and called the definition “meaningless.” 

“Part a non-exhaustive list of makes and models, part a poorly written conceptual description, it falls short of any clear or useful definition. It’s not limited to semi-automatic rifles but also includes pistols and shotguns,” he said in a press statement. “To anyone who knows guns, it’s nonsense.”

He also called the move to ban assault-style weapons a “virtue-signaling gesture.”

“The U.S. Supreme Court’s recent ruling in the case New York State Rifle & Pistol Assn. v. Bruen holds clearly that state laws which infringe or impair foundational firearms rights are unconstitutional. And must be overturned,” Walsh said. “As part of the Bruen decision, the Supreme Court specifically instructed lower federal courts to review and reverse any rulings that support state policies like HB 1240.”

Inslee was joined Tuesday during the bill signing by Ferguson, Pedersen, Berry and Peterson.

Ferguson said he first requested the legislation for the assault weapons ban after the 2016 mass shooting in Mukilteo. 

Within minutes of the bill signing Tuesday, the Firearms Policy Coalition filed a federal lawsuit challenging the state’s ban which they contend is unconstitutional.

“Today’s filing is yet another step forward in FPC’s aggressive multi-state litigation campaign against those states that attempt to enforce immoral and unconstitutional restrictions on protected arms,” said Bill Sack, FPC director of legal operations, in a press statement released after the bill signing. “Washington State lawmakers are playing politics with the natural and constitutional rights of their constituents. FPC will tirelessly work to undo these efforts that undermine the fundamental rights of the People.”

The Legislative Building, where the signing took place, was closed to the public Tuesday, although the bill signing was available to watch live online. The Department of Enterprise Services said the building closure was done “out of an abundance of caution.”

A few protesters were outside the building banging on things and yelling during the signing.

In 2018, Initiative 1639 was adopted by Washington voters. It required purchasers of semiautomatic weapons to complete enhanced background checks and enacted the waiting period for those weapons. The law also made it illegal for those younger than 21 to purchase semiautomatic assault rifles.

According to the Centers for Disease Control and Prevention, suicides by firearms made up more than half of all suicides in the U.S. between 2018 and 2021. Gun violence is also the number one cause of death for children and youth in the U.S.

The Washington state legislative session adjourned Sunday.