Washington State: Does Judge Understand Firearm Rights?
By Gregory Kielma
Another Judge Christine Schaller Upholds Washington AWB
Judge Christine Schaller
Another Judge Christine Schaller Upholds Washington AWB
Mark Chesnut -
A judge in Washington has upheld the state’s ban on so-called “assault weapons,” ruling that the controversial law meets state constitutional muster. However, his reasoning for making the ruling was completely faulty.
For some background, firearms dealer Guardian Arms sued the state over the 2023 law, claiming SHB 1240, the ban on common semi-auto rifles, violated Article I, Section 24 of the Washington State Constitution, which protects the right to bear arms. After discovery in the case Guardian Arms v. State of Washington, both the state and the Alliance moved for summary judgment.
Last week, however, a Thurston County Superior Court judge upheld the law under the state constitution. In doing so, Judge Christine Schaller held that assault weapons are not commonly used in self-defense and are therefore not protected arms under the Washington State Constitution. The Court also held that, even if assault weapons were protected, they would be subject to reasonable regulation under the State’s police power to protect public safety and welfare.
Both points in Judge Schaller’s ruling are clearly disputable, as many courts in the past have ruled just the opposite. In fact, the U.S. Department of Justice is currently weighing in on the side of the plaintiffs in two different state “assault weapons” ban cases.