Ferguson also proposes safety measures for ammunition sales

SEATTLE — Attorney General Bob Ferguson announced today he will propose a package of legislation to combat mass shootings in Washington state. Gov. Jay Inslee, a longtime supporter of gun safety measures, is joining Ferguson for the first time to propose limits to magazine capacity and a ban on the sale of assault weapons.

Ferguson has been advocating for these changes since 2016.

In addition to renewing calls to ban the sale of these dangerous weapons and limits to magazine capacity, Ferguson is also proposing legislation to add background checks on ammunition sales after federal rules are changed, in addition to other safety measures to keep ammunition out of the hands of dangerous individuals.

“It took just 32 seconds for an individual armed with a 100-round double-drum magazine and an AR-15-style weapon to shoot 36 people before he was killed by law enforcement,” Ferguson said. “That same rifle and magazine are perfectly legal to purchase in Washington state. That makes no sense. “

“This is the time to take action on common sense measures that will save lives. We should be making it harder for those who want to inflict mass violence and destruction upon innocent people,” Inslee said. “By limiting magazine capacity and banning assault weapons, we can work toward a day where no one in Washington state loses a friend or family members to senseless gun violence.”

“I am sick and tired of the seemingly non-stop incidents of gun violence in this country,” said Sen. Patty Kuderer, D-Bellevue. “We are the only country in the world where mass shootings happen with this regularity. We also have the most lax gun laws of any country in the western world. That is not a coincidence. Enough is enough. These laws will interrupt this cycle of violence. They will save lives.”

“A mass shooter with a high capacity magazine is capable of killing and injuring more people, and we’ve seen this happen over and over across the country and right here in Washington state,” said Rep. Javier Valdez, D-Seattle. “These are weapons of war that have no place outside of military use, police use, or sporting and recreational activities, all of which are exempted from my bill.”

“We live in an era of mass shooter drills at schools and anxiety about when and where the next attack will come,” said Rep. Strom Peterson, D-Edmonds. “My neighbors in Mukilteo suffered through a shooting in 2016. That community is still recovering. We can prevent future shooters from obtaining weapons of war that enable mass-casualties in a matter of seconds. Our children and neighbors deserve the freedom to live their lives without the fear of attack.”

High-Capacity Magazine Limits

In 32 seconds, an individual armed with a 100-round double-drum magazine and an AR-15-type weapon killed or injured 36 people in a Dayton, Ohio, nightclub on Aug. 3, 2019. The Dayton mass shooting occurred just one day after a mass shooting at an El Paso Wal-Mart, where a white nationalist armed with an AK-47-type rifle and multiple high-capacity magazines killed or injured 46 people, including children.

Despite restrictions in nine states, high-capacity magazines — including that same 100-round double-drum magazine — are legal to purchase in Washington state.

High-capacity magazines were used in two mass shootings in Washington in the last four years, in Mukilteo and Burlington.

Since 1980, according to the Violence Policy Center, high-capacity magazines have been involved in at least 74 mass shootings, resulting in 720 fatalities and 1,116 persons injured. An analysis of mass shootings from 2009 to 2017 revealed that 58 percent involved high-capacity magazines, resulting in twice as many fatalities and 1,400 percent more injuries per incident compared to those that did not involve high-capacity magazines.

Limiting magazine capacity forces shooters to reload, buying precious seconds for victims and law enforcement. A would-be mass shooter at Seattle Pacific University was prevented when a student tackled the gunman when he was reloading his shotgun. During Sandy Hook, 11 children were able to escape while the shooter was forced to reload. The Dayton shooter fired 41 rounds and would have had to reload even if he had a military magazine. In Parkland, Fla., the mass shooting ended only when Nikolas Cruz’s assault weapon jammed when he attempted to reload. In the 2011 Tucson shooting of then-Rep. Gabrielle Giffords, D-Ariz., the mass shooting was interrupted when the shooter, who was using a 33-round magazine, stopped to reload and fumbled the fresh ammunition.

Multiple federal courts of appeals upheld laws limiting magazine capacity. The United States Supreme Court allowed those decisions to stand.

Ferguson and Inslee are proposing joint-request legislation to limit the capacity of magazines sold in Washington to 10-rounds. Sen. Kuderer and Rep. Valdez will prime sponsor the legislation in the state Senate and House, respectively. The bill makes an exception for law enforcement, military and recreational shooting ranges. It requires safe and secure storage for magazines grandfathered by possession on the effective date of the legislation.

Assault Weapons Sales

For the fourth consecutive session, Ferguson is proposing legislation to ban the sale of assault weapons. For the first time, Gov. Inslee will jointly request the legislation. The bill makes an exception for law enforcement, military personnel and recreational shooting ranges. The allows for the possession of grandfathered weapons purchased before the effective date of the legislation.

The bill’s definition to assault weapons is similar to the definition used by the seven other states that have banned the sale of assault weapons — semi-automatic weapons that contain at least one military-style feature. Those laws have survived legal challenge.

Compared to any other firearm, an assault weapon is seven times more likely to kill law enforcement, according to the Violence Policy Center. A study analyzing FBI data showed that 20 percent of the law enforcement officers killed in the line of duty from 1998 to 2001 were killed with assault weapons.

Assault Weapons are 11 times more likely to be used in a mass shooting than a handgun. When assault weapons or high-capacity magazines are used in a mass shooting, more than twice as many people are shot.

The bullet of a 9 mm handgun travels at 1,200 feet per second and delivers a kinetic energy of 400 foot pounds. By comparison, the standard AR-15 .223 caliber bullet travels at 3,251 feet per second and delivers 1,300 foot pounds. Tissue destruction of the AR-15 is enhanced by cavitation — the destruction of tissue beyond the direct pathway of the bullet — caused by high velocity bullets with kinetic energies are over 2,500 foot pounds.

The bill is sponsored by Sen. Kuderer and Rep. Peterson.

Ammunition Sales

Ferguson is also proposing legislation to strengthen state rules regarding ammunition sales.

Washington state does not regulate ammunition sales the way many other states do. For example, unlike Washington state, Louisiana, Nevada, and Texas prohibit the knowing sale of ammunition to violent offenders. 14 states prohibit the possession of ammunition by individuals prohibited from owning firearms, but not Washington state.

Current law does not require background checks for ammunition, even though dangerous individuals prohibited from owning firearms sometimes evade controls intended to prevent them from acquiring firearms, or refuse to surrender firearms as the law requires.

Ferguson’s ammunition legislation:

Prohibits violent felons and other individuals who cannot lawfully obtain firearms from purchasing or possessing ammunition

Makes it illegal for firearms dealers to knowingly sell ammunition to violent felons and other individuals prohibited from owning firearms

Prohibits dealers from knowingly selling ammunition to violent offenders and other individuals prohibited from owning firearms

Requires ammunition sellers to obtain a state firearms license, which costs $125. This change will not impact current firearms dealers

Requires background checks for all ammunition sales 30 days after the U.S. Department of Justice changes its rules and authorizes dealers to use the national instant criminal background check system, known as NICS, to initiate a check for a transfer of ammunition

A survey conducted by Fox News found that 80 percent of respondents supported laws requiring background checks on purchasers of ammunition.

The bill is sponsored by Rep. Amy Walen, D-Kirkland.

“Ammunition safety is a critical component of firearm safety that we can’t forget about,” said Rep. Walen. “We can’t keep our communities safe if dangerous individuals who are prohibited from owning guns can still keep ammunition. It’s past time for Washington to catch up with states like Idaho, Louisiana, and Texas and prevent dangerous individuals from purchasing ammunition.”

In September, Ferguson joined 20 other attorneys general in a letter to Congressional leadership in support of the most recent bills to require federal background checks for ammunition. The bills, known as “Jaime’s Law,” are named after 14-year-old Jaime Guttenberg, who was among the 17 students and teachers killed in the mass shooting at Marjory Stoneman Douglas High School in Parkland, Fla., in 2018.

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The Office of the Attorney General is the chief legal office for the state of Washington with attorneys and staff in 27 divisions across the state providing legal services to roughly 200 state agencies, boards and commissions. Visit www.atg.wa.gov to learn more.

Contacts:

Brionna Aho, Communications Director, (360) 753-2727; Brionna.aho@atg.wa.gov