This just in from the U.S. District Court at the Western District of Washington (Seattle): No ruling yet  in the case brought against the U.S. Departments of State and Commerce to prevent the new export rules governing firearms and ammunition from taking effect.

This case is State of Washington v. U.S. Department of State (2:20-cv-00111-RAJ), and it arises out of a complaint that 23 States Attorneys General filed against the Departments of State and Commerce, and certain named officials therein. In the complaint, filed on January 23, 2020, the plaintiffs seek a preliminary and permanent injunction prohibiting the agencies from implementing or enforcing the rules that will transition most commercially available firearms and ammunition away from the export controls of the International Traffic in Arms Regulations (ITAR) and over to the Department of Commerce's Export Administration Regulations (EAR). The complaint focuses on the threat of downloadable guns and the alleged decontrol of 3D gun printing technology if such technology ceases to be subject to ITAR controls. The prayer for relief, however, seems to wrap the entire set of transition rules into the plaintiff's request for injunctive relief and for the court to vacate and set aside the rules.  

After oral argument today, the judge declined to issue any rulings and instead encouraged the parties to come to an agreement on a proposed order that would enjoin only the 3D gun printing technology from transitioning over to the EAR. The judge did promise to meet applicable deadlines in reaching his decision, so we expect to know the court's ruling by the effective date of March 9, 2020.

Stay tuned.

---

The above alert is for informational purposes only and is not intended to be construed or used as legal advice. Receipt of this alert does not establish an attorney-client relationship.

Questions about this alert may be directed to:

Johanna Reeves: 202.715.9941 | jreeves@reevesdola.com

Katherine Heubert: 202.715.9940 |  kheubert@reevesdola.com