Lawsuit Challenging SB 5078

On July 14, 2022, SMF filed Brumback v. Ferguson in Yakima County Superior Court to challenge Senate Bill 5078, Washington’s “high-capacity” magazine ban. SMF partnered with attorney, Scott Brumback, who is also a plaintiff in the case. Our second plaintiff is a firearms retailer, Gimme Guns, out of Selah. We’re excited about this case for these reasons:

  1. We brought the case with a plaintiff who was barred from buying a magazine (Mr. Brumback) and a vendor who was prohibited from selling a magazine (Gimme Guns) to ensure we hit both sides of the equation; and
  2. The recent United States Supreme Court case, New York State Rifle & Pistol Association v. Bruen, has changed the analysis of 2nd Amendment infringement/impairments to a single question that requires “the government must affirmatively prove that its firearms regulation is part of the historical tradition that delimits the outer bounds of the right to keep and bear arms.”

We believe that the facts, our approach, and the new US Supreme Court analysis lead to the perfect storm to challenge SB 5078.

AS SOON AS we served Attorney General Bob Ferguson with the lawsuit, Mr. Ferguson had the case moved to the United States District Court for the Eastern District of Washington.

NOW, this case sits in Federal court. The Alliance for Gun Responsibility filed a motion to intervene to join as a defendant, which was granted by the court. With intervenor status granted, we have double the battle to protect your rights!!

“Know thy enemy…”

General Sun Tzu

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  1. Debra Morris on April 18, 2023 at 7:32 pm

    I was wondering if there is an update on this law suit. I will be joining you as soon as my check hits the bank. I live in the Yakima Valley and am more than a concerned citizen. I am pissed, scared and determined these communist won’t take our state without a fight. I don’t have loads of money as I lost my job and now I’m just living on SS but I am a fighter and I am volunteering if you need help. I believe in our constitution and our god given rights. I’m one that never comply. But I want to help and find many groups really don’t do anything that’s including the Republican Party in Washington So as I said if I can help in anyway please let me know. Thank you guys for all your hard work. And thank Mr Brumback please. I know he is a true Patriot.

    • PJ Serrano on April 18, 2023 at 8:32 pm

      Debra, Thanks for your support! Our current SB5078 suit with Mr. Brumback is sitting in the Eastern District of WA awaiting a ruling from Judge Dimke.

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