Gun rights group files federal lawsuit seeking injunction against Initiative 594

The Second Amendment Foundation, located in Bellevue, alleges certain pieces of the legislation, "are so vague that a person of ordinary intelligence cannot understand their scope," adding other sections of the bill outright violate the Second Amendment.

A Bellevue-based gun rights group filed suit Monday in the U.S. District Court in Tacoma seeking an injunction against Initiative 594.

The bill, which was designed to close certain loopholes in gun purchases and expand the scope of background checks, passed with 59 percent of the vote in November.

The Second Amendment Foundation, which adamantly opposed the bill, is seeking a permanent injunction against sections of the 18-page gun control law, which took effect Dec. 4.

The group alleges certain pieces of the legislation, “are so vague that a person of ordinary intelligence cannot understand their scope,” adding other sections of the bill outright violate the Second Amendment.

Alan Gottlieb, vice president of the group, said in a statement to the press that the legislation makes it “difficult if not impossible,” for officers to enforce it due to the uncertainty of whether a change of firearm possession was exempt or not.

An alternate initiative, supported by Gottlieb, was rejected by voters.

According to the lawsuit, filed by Gottlieb and his group, along with the Firearms Academy of Seattle, the Northwest School of Safety, Puget Sound Security Inc., the Pacific Northwest Association of Investors, and five other citizens, the “broad and poorly constructed restrictions in I-594 render the enactment unconstitutional.”

The groups are represented by Bellevue-based attorney Miko Tempski and Seattle-based attorneys Steven Fogg and David Edwards.

Washington Attorney General Bob Ferguson and Washington State Patrol Chief John Batiste are both named as defendants in the suit per their official capacities.

A spokesperson for Ferguson stated a legal team has yet to review the suit and couldn’t comment further.

Gottlieb said he and the others filing the suit took legal action because of “the confusing and arbitrary language and nature of I-594.”

Gottlieb said the law prohibits residents of other states from legally borrowing handguns for personal protection while traveling in the state, adding that all transfers, even between family members, have to be completed through federally licensed firearms dealers.

However, under federal law, dealers aren’t legally able to transfer handguns to residents of other states, according to Gottlieb. The measure also prohibits non-residents from storing their own firearms in the state, he said.

“This measure effectively infringes upon, if not outright prohibits, the exercise of their constitutionally-protected [sic] right to bear arms under the Second Amendment,” Gottlieb said. “We’re not trying to stop background checks. We’re taking action against a poorly written and unconstitutionally vague measure that criminalizes activities that are perfectly legal anywhere else in the country, thus striking at the very heart of a constitutionally protected, fundamental civil right.”