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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