Federal Way gun shop faces steep fine for selling banned high-capacity magazines

Does he have legal recourse to sue the government and get his money back if SCOTUS rules that so-called Assault Weapons and High Capacity Magazines are Constitutionally protected?
The lawsuits aren't going anywhere. This state has one of the most anti-gun attorney generals in history, who thinks his job includes sponsoring new legislation - particularly if it's anti-gun and part of the progressive agenda -rather than simply enforcing existing legislation. With his bro, Gov. Jay, an all-liberal state supreme court and solid majorities in both houses of the legislature while the SCOTUS is doing absolutely zero to hear RKBA cases, and by the way, we're in the 9th Circuit, Mo is totally screwed and I would be very surprised if any of this turns out in his favor. He should have known Jay and Stupid Bob were looking for test cases. Not to mention the legislature has two new anti-gun bills, a horrible AWB and another bill requiring training to purchase any firearm AND a mandatory two week waiting period that Jay will sign this week. Oh, and the AWB has an "emergency clause," which means it's effective as soon as the governor signs it.
 
The lawsuits aren't going anywhere. This state has one of the most anti-gun attorney generals in history, who thinks his job includes sponsoring new legislation - particularly if it's anti-gun and part of the progressive agenda -rather than simply enforcing existing legislation. With his bro, Gov. Jay, an all-liberal state supreme court and solid majorities in both houses of the legislature while the SCOTUS is doing absolutely zero to hear RKBA cases, and by the way, we're in the 9th Circuit, Mo is totally screwed and I would be very surprised if any of this turns out in his favor. He should have known Jay and Stupid Bob were looking for test cases. Not to mention the legislature has two new anti-gun bills, a horrible AWB and another bill requiring training to purchase any firearm AND a mandatory two week waiting period that Jay will sign this week. Oh, and the AWB has an "emergency clause," which means it's effective as soon as the governor signs it.


I believe there are AWB and high capacity magazines cases already in the pipeline to SCOTUS, no?
 
Feel it's a bit of entrapment on the law enforcement officers part. They enforce the law, therefore should know what law is broken. Whether it's unconstitutional or not is yet to be determined. At the time it was against law. I read somewhere where officers are allowed to lie when conducting an investigation. Not sure it's true.
 
"... he listened to law enforcement officials who told him the ban was unconstitutional and therefore would not be enforced...." Asking law enforcement officials about whether or how a law would be enforced was probably not the brightest idea.

Does he have legal recourse to sue the government and get his money back if SCOTUS rules that so-called Assault Weapons and High Capacity Magazines are Constitutionally protected?...."
He might have legal recourse, but he's got to beat the charges first.
 
"... he listened to law enforcement officials who told him the ban was unconstitutional and therefore would not be enforced...." Asking law enforcement officials about whether or how a law would be enforced was probably not the brightest idea.
...this is similar to speeding violations. One cop will tell you, "eight you're great, nine your mine!', while the next one will stop you for going 4 over. If you knowingly break the written law, you should not be upset if you get busted.
 
Right, there have been a number of "law enforcement officials" who said they would not enforce laws they consider repressive and unconstitutional.
Mostly sheriffs who are playing to the electorate, I figure.
All well and good until you run into a by the book type.
 
Don't hold your breath for Sailor Boy Clarence to get off the yacht and actually undo bans anytime soon. They had cases and remanded them for some legal weeds BS. Also, the guy in the OP is an idiot. When faced with a conflict with the law, you don't ask Barney Fife. No sympathy for the actions. Of course, the law is a bad one but that doesn't excuse stupid.
 
Getting advice from one LEO or even a few is fine, but unless you can get confirmation from everyone up the chain, you know it's just a gamble. Sure the Sheriff might not enforce the ban, but what about the local cops, the State Police, the AG's office, etc... Even if the Sheriff says it's fine today a new Sheriff could get elected and as long as the statute of limitations hasn't expired you're still on the hook.
 
Taking legal advice from anyone other than a lawyer is not wise

And remember, half of all lawyers are wrong when they go to trial

Unless I had more money and resources than The State of Washington, it would be a hard pass for me. The little bit of money he made selling the magazines is gonna disappear real fast
 
We are getting into the weeds about taking the advice of the sheriffs but this thread is really about any recourse this shop owner has if SCOTUS rules that assault weapons and high capacity magazines are Constitutionally protected.

Can he recoup any costs if this happens?
 
Well, you need a real lawyer to answer this. In NYS, folks who were convicted on marijuana charges are getting first shot on licenses for state legal marijuana stores. Maybe that's a precedent but ask a real lawyer.
 
....Can he recoup any costs if this happens?
As I noted above, he might, but it's closely tied to beating the charges. To make a short story long, as lawyers are wont to do, he'll have to beat the charges (preferably through a constitutional challenge to the statute), then turn around and sue the agencies involved in a civil rights challenge (42 USC 1983), beat sovereign or qualified immunity, and then get someone (judge or jury) to award him damages.
 
Feel it's a bit of entrapment on the law enforcement officers part.
Mo apparently felt that, since the majority of the county sheriffs in the state publicly came out (in a group letter, actually) against the new laws -- essentially saying the laws were not only unenforceable, but that they would not direct their deputies to enforce them -- he could, with impunity disregard the law(s). Unfortunately, the King County Sheriff is a political appointee (not elected, as the rest of the state's sheriffs are) who did not sign the letter, in the most liberal jurisdiction in the PNW. As well, the FWPD and the WSP were not going to disregard the laws either (the WSP can be considered an arm of the government and the AG, of course).

The shop owner will have standing should challenges to the particular state law he's charged with violating goes to a higher court. As we know, the standard of review kicks in, and since courts have previously ruled that whlle the constitution protects rights, the rights are not absolute and governments can limit rights in the interest of protecting another goal -- that whole equal protection thing. Since the magazine capacity bans seem to be getting upheld at some levels, still mired in the lower courts, and SCOTUS doesn't seem inclined to address the issue (yet), it would appear that it's all gonna come down to strict scrutiny again -- do mag capacity limits impinge on a fundamental right or impact or disadvantage a "suspect class?"

So, and in my limited knowledge of constitutional law (I did ace all my Con Law classes as an undergrad, though), yeah, if all the challenges to mag restrictions go our way and the courts rule mag restrictions do infringe on a fundamental right (RKBA), Mr. Mo will be entitled to seek redress, at least in getting compensation for all the fines, court costs and lawyer fees. But the Washington State Supreme Court and the 9th Circuit are not on the side of the 2nd Amendment and the RKBA.
 
"... he listened to law enforcement officials who told him the ban was unconstitutional and therefore would not be enforced...." Asking law enforcement officials about whether or how a law would be enforced was probably not the brightest idea.


He might have legal recourse, but he's got to beat the charges first.

How does the AG have standing to sue? Not saying he doesn't, just curious.
 
Simple solution is to move to another state.
But PLEASE, not Texas. We’re getting slammed with out-of-state refugees. Even Californian Elon Musk lives here now. By the way, Elon is a real African American.


I think it's too late for this gentleman to move to a different state.
 
The lawsuits aren't going anywhere. This state has one of the most anti-gun attorney generals in history, who thinks his job includes sponsoring new legislation - particularly if it's anti-gun and part of the progressive agenda -rather than simply enforcing existing legislation. With his bro, Gov. Jay, an all-liberal state supreme court and solid majorities in both houses of the legislature while the SCOTUS is doing absolutely zero to hear RKBA cases, and by the way, we're in the 9th Circuit, Mo is totally screwed and I would be very surprised if any of this turns out in his favor. He should have known Jay and Stupid Bob were looking for test cases. Not to mention the legislature has two new anti-gun bills, a horrible AWB and another bill requiring training to purchase any firearm AND a mandatory two week waiting period that Jay will sign this week. Oh, and the AWB has an "emergency clause," which means it's effective as soon as the governor signs it.

I remember when the people voted to repeal the abhorrently corrupt Transit tax, and then the state was like "well, we don't like the way the bill was written, so we're not going to listen."

Another reason I'm glad to be out of that state.

But PLEASE, not Texas. We’re getting slammed with out-of-state refugees.

We need conservative refugees to balance out any liberal refugees who might turn the state.
 
But PLEASE, not Texas. We’re getting slammed with out-of-state refugees. Even Californian Elon Musk lives here now. By the way, Elon is a real African American.
Seriously, bro? I thought we were on the same side here. Your state is already turning blue, albeit slowly, already. You've visited Austin and Houston, right?

Anyway, all the conservative gun-owners I know in Arkansas and Tennessee say they'll accept my family and me with open arms. Wouldn't want to move to a state where I'm not welcome.
 
Seriously, bro? I thought we were on the same side here. Your state is already turning blue, albeit slowly, already. You've visited Austin and Houston, right?
Urban areas like Austin, El Paso, Dallas, San Antonio & Houston have always been blue. Thats true in every state, urban areas vote Democratic. Suburbs and rural areas tend Republican. Anyone believing that Texas is turning blue hasn't paid attention to Texas elections for the last three decades.
The last Democratic presidential candidate to win the state was Jimmy Carter in 1976.
The last Democrat to win any Texas statewide office was in 1994.

Yeah, we're turning blue. :rofl:
 
Back
Top