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Mitchell v. Atkins

United States District Court for the Western District of Washington

Filed: February 8, 2019

Status: Active

Docket No: 20-35827


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I-1639 partially took effect on January 1, 2019, with the remainder due to be effective on July 1, 2019. I-1639 drastically rewrote the laws governing the purchase, sale, and ownership of firearms in the State of Washington, namely, a Young Adult (18-20-years-old) may not purchase a “semiautomatic assault rifle”. A “semiautomatic assault rifle” is defined to mean – in layman’s terms – any rifle which can fire one round with each pull of the trigger and require no additional input from the individual shooting the rifle. This would include rifles such as the Ruger 10/22 (a popular .22 caliber repeating arm).

As a result of this new law, an entire class of individuals are prohibited from being able to exercise their constitutional rights. The Second Amendment’s plain text, as informed by this nation’s history and tradition, reveals that prohibiting the purchase of these arms by Young Adults is constitutionally impermissible. There were no colonial or founding era laws that restricted the rights of Young Adults to keep and carry arms.

On February 8, 2019, the Second Amendment Foundation filed suit, along with another civil rights organization, four Young Adults, and two individuals who operate firearms dealers. The lawsuit asks a federal court to declare that the law violates the Second and Fourteenth Amendments and enjoin the Defendants from enforcing the ban on Young Adults from being able to purchase “semiautomatic assault rifles”.

To view documents filed on appeal, please visit the Court of Appeals docket.

Case Team: Joel Ard, David DeWolf, Matthew Albrecht

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Recent Docket Activity

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December 2nd, 2022

Filed order : The unopposed motion to vacate and remand is granted. The district court’s judgment is vacated in its entirety, and the case is remanded for further proceedings consistent with the United States Supreme Court’s decision in New York State Rifle & Pistol Ass’n, Inc. v. Bruen, 142 S. Ct. 2111 . This order constitutes the mandate of this court. VACATED and REMANDED. [12601309] [Entered: 12/02/2022 03:54 PM]

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November 17th, 2022

Filed Appellee Safe Schools Safe Communities Unopposed Motion to remand case. Date of service: 11/17/2022. [12590343] [20-35827] [Entered: 11/17/2022 02:42 PM]

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October 20th, 2022

This case is being considered for an upcoming oral argument calendar in SeattlePlease review the Seattle sitting dates for February 2023 and the 2 subsequent sitting months in that location at http://www.ca9.uscourts.gov/court_sessions. If you have an unavoidable conflict on any of the dates, please file Form 32 within 3 business days of this notice using the CM/ECF filing type Response to Case Being Considered for Oral Argument. Please follow the form's instructions carefully.When setting your argument date, the court will try to work around unavoidable conflicts; the court is not able to accommodate mere scheduling preferences. You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date.If the parties wish to discuss settlement before an argument date is set, they should jointly request referral to the mediation unit by filing a letter within 3 business days of this notice, using CM/ECF .[12569158]. [20-35827] [Entered: 10/20/2022 02:31 PM]

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August 22nd, 2022

Filed notice of appearance of Esther Sanchez-Gomez for Amici Curiae Giffords Law Center to Prevent Gun Violence and Brady. Substitution for Attorney Hannah Shearer for Amici Curiae Brady and Giffords Law Center to Prevent Gun Violence. Date of service: 08/22/2022. [12521968] [20-35827] [Entered: 08/22/2022 07:07 AM]

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August 22nd, 2022

Attorneys Hannah Shearer and Hannah Shearer in 20-35827 substituted by Attorneys Esther Sanchez-Gomez and Esther Sanchez-Gomez in 20-35827 [12521976] [Entered: 08/22/2022 07:19 AM]

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July 26th, 2022

Filed Notice of withdrawal of counsel. Filed by Attorney Gregory J. Wong for Appellee Safe Schools Safe Communities. Party proceeding without counsel: No. Date of service: 07/26/2022. [12502347] [20-35827] [Entered: 07/26/2022 11:06 AM]

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July 26th, 2022

Terminated attorney Gregory J. Wong for appellee Safe Schools Safe Communities in 20-35827. [12502414] [Entered: 07/26/2022 11:35 AM]

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