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Mitchell v. Atkins

03.05.21

Supporting Washington’s age restriction and residency requirement for purchasers of semiautomatic assault rifles.

Court: Ninth Circuit; Western District of Washington

Issue At Stake: Age restrictions; out-of-state purchasers

Summary: Everytown filed this amicus brief in the United States Court of Appeals for the Ninth Circuit, urging the court to affirm the district court’s decision upholding Washington’s voter initiative I-1639. That law, among other things, (1) prohibits those under 21 from purchasing a “semiautomatic assault rifle” and (2) prohibits in-person sales of those rifles to residents of other states. Everytown’s brief explains the long history of age-based restrictions on firearms purchases, which courts and scholars have consistently concluded are constitutional under the Second Amendment, and explains Washington’s substantial interest in requiring enhanced background checks, which can only feasibly be performed on state residents.

Everytown previously filed an amicus brief in this case in April 2020 in the United States District Court for the Western District of Washington.

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