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User 1234
Site Supporter
Location: Pierce County Joined: Sun Oct 14, 2018 Posts: 1127
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The new magazine ban law contains a provision that hasn’t been discussed yet on these 2A forums. It states that the violation of SB5078 is an unfair practice for purposes of the Washington Consumer Protection Act. The CPA is a pro-plaintiff law that allows private persons or the Attorney General to sue for up to treble damages and attorney’s fees and a court order to halt the practice. Normal commercial general liability policies often exclude this type of suit from coverage. There would be a likely defense (to private plaintiffs but not the AG) that any plaintiff the anti-gun groups send into stores to try and find mags for sale would not be “injured in their person or property” but you can expect they’d argue they were injured by the “huge, certain” risk of being shot by someone with a standard magazine. BS, yes, but look at how anti-2A the courts are.
Any stores which are going to have mags for sale, to exempt buyers of course, after July 1st might want to put up a sign saying “RCW exempt buyers only” or something similar.
Last edited by User 1234 on Sat Mar 05, 2022 11:52 am, edited 1 time in total.
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Sat Mar 05, 2022 10:57 am |
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User 1234
Site Supporter
Location: Pierce County Joined: Sun Oct 14, 2018 Posts: 1127
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https://www.popehat.com/2009/01/06/morally-disabled/This is the model that plaintiffs attorneys and anti gun groups in Washington might attempt to use with the CPA and gun stores.
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Sat Mar 05, 2022 11:00 am |
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User 1234
Site Supporter
Location: Pierce County Joined: Sun Oct 14, 2018 Posts: 1127
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Can a mod move this to the big FFL forum? I accidentally posted it inside Dana’s subforum.
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Sat Mar 05, 2022 11:09 am |
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MadPick
Site Admin
Location: Renton, WA Joined: Sun Mar 13, 2011 Posts: 52167
Real Name: Steve
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Moved.
_________________SteveBenefactor Life Member, National Rifle AssociationLife Member, Second Amendment FoundationPatriot & Life Member, Gun Owners of AmericaLife Member, Citizens Committee for the Right to Keep and Bear ArmsLegal Action Supporter, Firearms Policy CoalitionMember, NAGR/NFGRPlease support the organizations that support all of us.Leave it cleaner than you found it.
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Sat Mar 05, 2022 11:26 am |
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User 1234
Site Supporter
Location: Pierce County Joined: Sun Oct 14, 2018 Posts: 1127
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Thank you.
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Sat Mar 05, 2022 11:46 am |
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dreadi
Site Supporter / FFL Dealer
Location: Tacoma, Washington Joined: Fri Nov 21, 2014 Posts: 8411
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So the CPA puts a retailer at fault/liable for offering the sale of restricted items without having properly notified a potential consumer? Similar to all the BS signs we're already required to post?
_________________BLACK HAMMER ARMSBuy A Suppressor http://www.silencershop.com/blackhammerarmsType 7 Class 2 SOT NFA Dealer 1911 Pistolsmithing Firearm Refinishing GLOCK Certified Armorer CMMG Authorized Dealer NEMO Arms Authorized Dealer http://www.blackhammerarms.comhttp://www.facebook.com/blackhammerarmshttps://www.instagram.com/blackhammerarms/
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Sat Mar 05, 2022 12:14 pm |
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scrid2000
Site Supporter
Location: Pierce County Joined: Wed Nov 14, 2018 Posts: 1999
Real Name: Shane
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dreadi wrote: So the CPA puts a retailer at fault/liable for offering the sale of restricted items without having properly notified a potential consumer? Similar to all the BS signs we're already required to post? I think the bigger issue is that the CPA can get the plaintiff an injunction against the seller, and violation of the injunction has some pretty massive penalties.
_________________ Posts not legal advice.
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Sat Mar 05, 2022 1:09 pm |
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dreadi
Site Supporter / FFL Dealer
Location: Tacoma, Washington Joined: Fri Nov 21, 2014 Posts: 8411
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scrid2000 wrote: dreadi wrote: So the CPA puts a retailer at fault/liable for offering the sale of restricted items without having properly notified a potential consumer? Similar to all the BS signs we're already required to post? I think the bigger issue is that the CPA can get the plaintiff an injunction against the seller, and violation of the injunction has some pretty massive penalties. Can I get an injunction against 5078?
_________________BLACK HAMMER ARMSBuy A Suppressor http://www.silencershop.com/blackhammerarmsType 7 Class 2 SOT NFA Dealer 1911 Pistolsmithing Firearm Refinishing GLOCK Certified Armorer CMMG Authorized Dealer NEMO Arms Authorized Dealer http://www.blackhammerarms.comhttp://www.facebook.com/blackhammerarmshttps://www.instagram.com/blackhammerarms/
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Sat Mar 05, 2022 1:19 pm |
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scrid2000
Site Supporter
Location: Pierce County Joined: Wed Nov 14, 2018 Posts: 1999
Real Name: Shane
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dreadi wrote: scrid2000 wrote: dreadi wrote: So the CPA puts a retailer at fault/liable for offering the sale of restricted items without having properly notified a potential consumer? Similar to all the BS signs we're already required to post? I think the bigger issue is that the CPA can get the plaintiff an injunction against the seller, and violation of the injunction has some pretty massive penalties. Can I get an injunction against 5078? Possibly, but you wouldn't want to try to bankroll it on your own. Maybe reach out to SAF, GOA, FPC, etc, and see if any of them are looking to help.
_________________ Posts not legal advice.
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Sat Mar 05, 2022 1:40 pm |
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