HB 1240 states that assault weapons are more deadly, “not suitable for self defense”, responsible for mass shootings, and “that the gun industry has specifically marketed these weapons as “tactical,” “hyper masculine,” and “military style” in manner that overtly appeals to troubled young men intent on becoming the next mass shooter.”
The Law Office of Mark Knapp PLLC recently drafted an Opinion Letter analyzing certain issues raised by HB 1240. The so-called Assault Weapon legislation bans the sale, manufacturing, importation, and distribution of “assault weapons”.
HB 1240 provides civil remedies under Washington State’s Consumer Protection Act. The new law does not prohibit gun owners from possessing such weapons.
Circumventing the Second Amendment. The legislation targets retailers, distributors, and manufacturers. It prevents them from bringing in, manufacturing, or selling any of these “banned” firearms. It reads:
“The legislature intends to limit the prospective sale of assault weapons, while allowing existing legal owners to retain the assault weapons they currently own.”
HB 1240
HB 1240 allows firearms owners to keep their existing firearms as they are. They do not need to modify them to make them compliant. We believe HB 1240 was written this way to try to avoid the Second Amendment lawsuits that were bound to be filed. Instead of making it a Second amendment issue they are trying to make it an issue of unfair business practices.
Legislative Ambiguity. The new law has created problems with ambiguity for dealers, importers, and especially for pawnshops which will be the subject of a future discussion. We have written an Opinion Letter on behalf of CompMag, a firm manufacturing non-detachable magazines. See Opinion Letter. We have concluded that semi/automatic rifles meeting certain criteria will be legal for importation after undergoing conversion to a fixed (non-detachable) magazine. Due to the ambiguity there is a certain amount of risk involving potential lawsuits file by the Washington Attorney General, Bob Ferguson. Ferguson is presently a candidate for Governor.
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