OLYMPIA, Wash. — Washington state is closer than ever to passing a ban on the sale and manufacture of assault weapons. If the House can approve an amendment to House Bill 1240 before the legislative session comes to an end on April 23, it's poised to become law.
HB 1240 bans the sale, manufacture and import of assault weapons in Washington state. It does not ban the possession of an assault weapon and it allows for ownership by law enforcement and military service members and an exception in cases of inheritance.
Legal challenges are likely if the bill does end up on Gov. Jay Inslee's desk. Inslee has signaled that he will sign the bill, even pushing for reform measures before the legislative session started.
Advocates of gun reform are elated that HB 1240 and other reform bills have made it through both chambers, including Las Vegas mass shooting survivor Emily Cantrell.
"It was surreal. It's hard to believe that it finally happened," Cantrell said. "And it's just an overwhelming feeling of joy. Hopefully it means that other people won't have their own stories to tell. This bill will save lives "
However second amendment advocates have vowed to challenge the laws in court should they be signed into law.
"The notion that you can solve all these problems or prevent all these crimes by infringing the rights of law-abiding citizens is nonsense," said Dave Workman who is with the Second Amendment Foundation, a nonprofit that supports gun rights. "I can absolutely guarantee that this is going to be challenged by one or more federal lawsuits because it violates the second amendment."
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.
"If it goes to a federal lawsuit, first it'll be in the district court here in Washington then it'll go to the 9th court of appeals in San Francisco, and ultimately, it'll probably wind up before the U.S. Supreme Court," Workman said.
Some opposed to gun reform want the Supreme Court to get involved because of the 6-3 conservative majority, which has been willing to expand gun rights.
Last year, SCOTUS ruled for the first time that Americans have a right to carry a handgun in public for self-defense.
HB 1240 will now move to the House where representatives will vote on an amendment to the bill made on the floor of the Senate allowing for gun manufacturers to sell inventory already in stock prior to Jan. 1 and only to out-of-state clientele, for 90 days after the bill goes into effect.