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Delivering the Gun Lobby Its Latest Courtroom Loss, Federal Appeals Court Dismisses Challenge to I-594, Washington State’s Background Check Law

10.30.2017

NEW YORK – Everytown for Gun Safety and Moms Demand Action for Gun Sense in America, part of Everytown for Gun Safety, today applauded the decision of the United States Court of Appeals for the Ninth Circuit affirming a lower court’s dismissal of a lawsuit challenging the constitutionality of I-594, Washington state’s background check ballot measure.

After the passage of I-594 in 2014, a group of plaintiffs led by the Second Amendment Foundation challenged the law as a violation of the Second Amendment. Everytown for Gun Safety intervened in the suit to defend the law. The U.S. District Court for the Western District of Washington dismissed the case, finding the plaintiffs lacked standing to bring the suit. The plaintiffs appealed the decision and today, the Ninth Circuit affirmed the dismissal.

In 2014, Everytown and Moms Demand Action worked with Washington State’s Alliance for Gun Responsibility to lead the winning campaign for I-594, Washington state’s background check ballot measure that won with nearly 60 percent of the vote. Everytown for Gun Safety Action Fund was the largest donor to the I-594 campaign.

STATEMENT FROM ERIC TIRSCHWELL, LITIGATION DIRECTOR, EVERYTOWN FOR GUN SAFETY:
“The decision by the Ninth Circuit is a win for gun safety, and we will continue to defend the constitutionality of common-sense gun laws wherever they are challenged. The courts have overwhelmingly ruled that common-sense gun laws like requiring criminal background checks for all gun sales are consistent with respecting Second Amendment rights. Washington continues to lead the way in being a leader in gun violence prevention.”

STATEMENT FROM CHERYL STUMBO, A MEMBER OF THE EVERYTOWN SURVIVOR NETWORK WHO SURVIVED THE 2006 SHOOTING AT THE SEATTLE JEWISH FEDERATION. STUMBO WAS ALSO THE CITIZEN SPONSOR OF WASHINGTON STATE’S INITIATIVE 594:

“Today marks another tremendous victory for Washingtonians as this decision ensures a critical public safety measure is upheld. The gun lobby has repeatedly tried to overturn this law and, once again, has failed. In 2014, Washingtonians spoke loud and clear in the election and today, we continue to prevail when it comes to keeping our communities safer.”

Everytown for Gun Safety was represented by Peter Canfield, Gregory Castanias and Sparkle Sooknanan of Jones Day and Paul Lawrence, Sarah Washburn and Gregory Wong of the Pacifica Law Group.