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Federal Judge Upholds Washington State Gun Industry Accountability Law

Washington Gov. Jay Inslee makes remarks before signing several bills in Washington, Thursday, April 27, 2023. Inslee has tested positive for COVID-19 for the third time. Inslee's office said i

A federal judge has ruled against a challenge to a Washington state law that enables lawsuits against the gun industry in specific cases. The law, signed by Democratic Gov. Jay Inslee last year, aims to address gun violence by requiring the industry to implement reasonable controls in the making, selling, and marketing of weapons. These controls include measures to prevent guns from being sold to dangerous individuals or straw buyers.

Under this law, the attorney general or private parties, such as family members of shooting victims, can sue for violations or damages under the state's Consumer Protection Act. The National Shooting Sports Foundation, a trade association, contested the law in court, arguing that it infringes on the Second Amendment and the free-speech rights of its members.

However, U.S. District Judge Mary K. Dimke dismissed the lawsuit, stating that the organization lacked legal standing to challenge the law. Judge Dimke highlighted that the members of the organization were neither facing lawsuits under the law nor had expressed any intention to violate its provisions.

Washington Attorney General Bob Ferguson praised the decision, emphasizing that the law holds the gun industry accountable for irresponsible conduct that harms communities. The National Shooting Sports Foundation, based in Connecticut, did not immediately respond to requests for comment.

Congress passed the Protection of Lawful Commerce in Arms Act in 2005, providing immunity to the gun industry in certain situations. However, states have the authority to create exceptions to this federal law. Washington, along with four other states, has established exemptions from the federal law.

Other bills signed by Gov. Inslee last year included a ban on the sale of specific semi-automatic rifles and the implementation of a 10-day waiting period for firearms purchases. Legal challenges to the sales ban and the state's prohibition on the manufacture and sale of high-capacity magazines, enacted in 2022, are currently pending.

According to data compiled by The Associated Press, USA Today, and Northeastern University, there have been 10 mass killings in the U.S. this year, with at least 47 fatalities. These incidents are defined as events in which four or more individuals perish within a 24-hour period, excluding the perpetrator, as per the FBI's criteria.

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