A three-judge panel of the Ninth Circuit Court of Appeals will hear a challenge Monday to Washington’s voter-approved background check law for person-to-person gun transfers.
The lawsuit challenges provisions of Initiative 594 which voters overwhelmingly passed in 2014. Specifically, the plaintiffs argue that the background check requirement fails to exempt certain temporary, non-commercial gun transfers that could put law-abiding gun owners at risk of prosecution.
Plaintiffs’ attorney David Edwards offered the example of an unmarried couple who share a pistol.
“They have a single firearm that they keep in their home for self-defense and the concern is that the statute essentially says that they cannot both use that firearm,” Edwards said.
Other scenarios raised by the lawsuit include a person who checks their gun as baggage before flying to Seattle and then retrieves the gun from an airline employee upon arrival, or someone who wants to borrow a gun while visiting from out of state.
In addition to the individuals, the plaintiffs include the Bellevue-based Second Amendment Foundation.
by Austin Jenkins