News from Reeves & Dola, LLP 
*** R|D ALERT ***

February 28, 2020


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.

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About Reeves & Dola

Reeves & Dola is a Washington, DC law firm that specializes in helping clients navigate the highly regulated and complex world of manufacturing, sales and international trade of defense and commercial products. We have a deep understanding of the Federal regulatory process, and use our expertise in working with a variety of Federal agencies to assist our clients with their transactional and regulatory needs.

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