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Published on 2023-06-05 at 07:12, this article is written by byron kaye and published by reuters. (2 minutes)
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Ben Roberts-Smith, holder of the Victoria Cross and other top military honours, was also "not an honest and reliable witness in ... many areas" and a bully toward other Australian soldiers, Federal Court Judge Anthony Besanko said in his full judgement released on Monday. "I have found that the applicant (Roberts-Smith) was complicit in and responsible for the murder of EKIA56 ... in 2009 and the murder of Ali Jan at Darwan on 11 September 2012 and the murder of the Afghan male at Chinartu on 12 October 2012," Besanko said in his 736-page civil court judgment. Besanko found Roberts-Smith engaged in a "campaign of bullying" against another Australian soldier, including what he called a "death threat" when Roberts-Smith said: "if your performance doesn't improve on our next patrol, you're going to get a bullet in the back of the head".

Keep reading with 3 related articles: Associated Press (2023-06-01 at 06:23) Decorated Australian war veteran unlawfully killed prisoners in Afghanistan, judge says Euronews (2023-02-06 at 06:28) Beyoncé proves why she is Queen Bey by becoming Grammy Awards most decorated artist Spectrum News NY1 (2023-06-02 at 10:03) Australian decorated hero quits corporate job after Afghanistan war crime revelations
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Let me ask you a question. If you haven’t listened to Kyuss, are you even a QotSA fan?
I suppose it is possible. Some people can be Peter Gabriel fans without being Genesis fans, or Ozzy Osbourne fans without being Black Sabbath fans, or Audioslave fans without being fans of Soundgarden and Rage Against the Machine. And I am pretty sure that there are Foo Fighters fans out there who are not fans of Nirvana -- probably because Foo Fighters are a way better band than Nirvana.
Yeah, I said it. Come at me.
Nothing like an unpopular opinion to separate the feral from the tame.
But QotSA without Kyuss? I can’t see it. Maybe I am biased because I just love the low desert sound. Heavy riffs, lots of fuzz, and earthquake-inducing bass are my jam. That’s why I love Self-Titled so much and why I feel 18 A.D. is chronically underappreciated as a song, and it is an absolute crime that they don’t play it live.
I know I am not alone in this. Kyuss were a genre defining band that created what we now call Stoner Rock. Bands like Valley of the Sun, King Buffalo, Truckfighters, Stonerror, Sleep, Clutch, Mother Engine, Mondo Generator, Duel, and Fu Manchu all continue to write and perform Stoner Rock today. If you haven’t taken a dive into this scene, I totally envy the fact that you get to experience this music for the first time.
Today we are going to check out a great Stoner Rock band that you just gotta listen to. They have more fuzz than a five day backwoods fishing trip. They have bigger jams than Smucker’s, Welch’s, and Kraft combined. They will make your one-hitter hit a home run. You are gonna want to roll down the windows of your low riding caddy and drive all night through the desert.
Yep, you are in for a treat. This week’s band is ALL THEM WITCHES.
About Them
You are familiar with the Hero’s journey, right? That is the literary trope where our protagonists leave their comfortable little world, are mentored through a series of increasing challenges, find themselves at a low point, overcome obstacles, and return home greater and wiser than before?
As with every story of heroes, our group of adventurers from Nashville Tennessee went on a truly epic journey. Drummer Robby Staebler had just arrived in Nashville from Portland, Oregon and was looking for some buds to start a band. He had rolled up at his new home in the back of a moving van, because his mom had decided that he was just not good enough to ride up front. His dad was conspicuously absent. After meeting a sketchy male role model with a Smashmouth-esque chinstrap beard, he was forced by this would-be academic to enslave a small animal. He then ran away from home to engage in a series of escalating gladiatorial fights for money.
Wait. Shit. That is the plot of Pokemon Emerald, not the story of All Them Witches. Damn free emulators. Such a massive time sink.
Mudkip for the win. You are damn right I’m bringing back that meme.
Where was I? I kinda got distracted there. Oh yeah. Robby Staebler was looking for a band. He met guitarist Ben McLeod in a bar (remember when we could meet people in bars?) and then met aspiring drama student Charles Michael Parks Jr. when he took a job at “a corporate hippie store”. Parks Jr. turned those theatre aspirations into being a great frontman and bass player. The band rounded out their membership with Allan Van Cleave, a friend of Staebler, on keys. All Them Witches took the inspiration for their name from the set-prop book entitled All of Them Witches in the 1968 Roman Polanski Spawn-of-Satan movie Rosemary’s Baby.
Let’s get something else out of the way: Yes, I said Nashville Tennesee. The Buckle of the Bible Belt. The Protestant Vatican. The Athens of the South. The Hot Chicken Capital. Yes, the self-proclaimed Music City is perennially associated with Country music, Gospel music and, to a lesser extent, contemporary Christian Rock. There is a Jazz scene. There are active Barbershop groups. The city is the home of the Grand Ole Opry and the Country Music Hall of Fame and Museum. Hee Haw was shot there. It is a city that, until a few decades ago, still had strong ties to the Confederacy.
How the hell did a Stoner Rock band start there?
Quickly, that’s how.
The band were officially formed in February of 2012 and released their first album, Our Mother Electricity, on December 6th, 2012. Being from Nashville, the album was of course released on the German heavy psych label Elektrohasch Schallplatten. So just so we’re clear: Stoner Rock was born in the California Desert and then adopted by a band from Tennessee and released on a German label. I just have one question: Where the fuck is Carmen Sandiego?
To be fair, All Them Witches characterized their debut sound as being ‘psychedelta rock’...which kinda sounds like a knock off version of an X-Man. The album is full of heavy jams. Listeners can expect to hear the influence of the blues mixed with deep fuzz and highly compressed vocals. Until it Unwinds is over eight minutes of rolling swagger that will have you thinking about 50 Million Year Trip. Heavy/Like a Witch has some definite Stone Temple Pilots vibes and is a great opener. The true standout on the album is The Urn, a dark and twisted fable that is really the antithesis of everything one associates with music in the Bible Belt. The album was a declaration of war on everything cheery and pleasant to be found in the Music City, and a bold statement from a band finding its feet.
The band were not entirely happy with the production on Our Mother Electricity. In order to assert themselves, they went ultra low-tech. The released the Extra Pleasant EP in July of 2013. It was recorded on a 4-track cassette tape using only two microphones. Production-wise, it is a step back - but when you listen to it on headphones, you can appreciate the raw talent. It is a weird low-fi follow up and almost like listening to a debut rather than the first album. Listening to this EP is like hearing a Pink Floyd cover band’s first original songs that have been mashed up with Clutch and recorded on an iPhone 4. Even with those limitations, tracks like Sludger will stay with you and are worth your time.
While their first two releases had some modest success, All Them Witches really did not get widespread acclaim until the release of their second full album, Lightning at the Door, in late 2013. Every band that has ever released anything on Bandcamp wants to experience the kind of underground word-of-mouth sensation that this album generated. The album is part-concept, part-thematic and has narrative threads that tie it together (e.g. the two tracks The Marriage of Coyote Woman and The Death of Coyote Woman - clearly, not a happy ending for the titular character). If you loved Songs for the Deaf and Rated R, then this is the album that you are going to want to start with as an introduction to the band. It has some amazing tracks - Funeral for a Great Drunken Bird and When God Comes Back are great on their own - but it is best experienced as a complete album. Do yourself a favor: Find a great set of headphones and listen to it front to back. You’ll thank me.
How do you follow up a concept album that gives you unforeseen popularity and access to a broader audience? Do you, say, create a dark follow-up to it, and find the title for that album in a lyric from a hidden track?
Who the fuck would make a weird choice like that?
All Them Witches took a different route and decided to instead channel their inner Beck. The Effervescent EP came out in June of 2014. There are only two songs, each clocking in at about 25 minutes long. Side A is Effervescent and Side B is Tnecsevreffe. The EP is a Rorschach blot of instrumental music in multiple movements that channels incredible musicality and allows you to superimpose your own meaning on it. It is like listening to Pink Floyd and Led Zeppelin have a baby, if that baby was raised listening to coyotes howl and instrumental Kyuss tracks all mashed together on one continuous loop. Fans of the German band Mother Engine will hear definite parallels. The weird thing about Effervescent is its length: it is hard to think of it as an EP, because it is 50 minutes of music. But it has only two tracks, so it can’t really be an album...can it?
Yes, before you start in on me, I know about Sleep’s Dopesmoker. That 2003 one-song album may also have influenced our boys from the Hee Haw city.
So after playing around with longer and more intricate multiple-movement songs, it is no surprise that All Them Witches dropped a 57 minute ‘EP’ in 2015. A Sweet Release hit the airwaves on April 20. Yep, 4/20. No, that was not a coincidence. No, I’m not going to explain that to you. If you gotta ask, you’ll never know. Yes, if anyone doubted at all that this band was a Stoner Rock band, fuck all y’all, the release date is proof. Tracks on the EP range in length from almost 2 and a half minutes to over 24 minutes. It is a spacey, laid-back jam that is at times hypnotic and far-reaching, and equally urgent and immersive.
I’m not saying that you need to be high to appreciate this EP. I’m just saying that listening to Interstate Bleach Party and Howdy Hoodee Slank in the right…mood ...can make you see the color Octarine.
Lightning at the Door and Effervescent cemented All Them Witches as true underground masters of Stoner Rock. 2015’s Dying Surfer Meets His Maker saw them broaden their musical scope and refine their sound. The album (yes, it is an album this time) leans heavily into the Blues with layers of grunge and psychedelia and celtic strings and even harmonicas. (Side note: the last time I heard harmonicas used in Stoner Rock was never. So good on them. I will say this: the hook brings you back.) All these influences were mixed in one big bowl and smoked out the top of a giant bong for full effect. It is at the same time a more technical and more mellow album. Stand out tracks on the album are the hard hitting Dirt Preachers and El Centro and This is Where it Falls Apart.
All Them Witches found themselves touring the small club circuit and then playing bigger and bigger stages. They got invited to festivals like Bonnaroo and were greeted by enthusiastic fans (and clouds of fragrant haze). There is nothing like performing live to hone a band’s edge. By the time Sleeping Through the War dropped in 2017, the boys had been together, touring and recording, for five years. The album is tightly crafted by a tight band. There are even guest vocalists to add texture and harmony to the songs. Less mellow than its predecessor, the album roars right from the opening track - Bulls - through to the closing track, Guess I’ll Go Live On The Internet. 3-5-7 is probably one of the best Stoner Rock tracks you will come across. And when you recognize the tonal mirroring of Am I Going Up with Alabaster, you feel smarter than you actually are. Lots of albums have made me bang my head; very few have made me stop and recognize the musical structure that underpins the melody. That is Tool-level composition right there. Long story short: this is an album put out by a band in its prime and it does not disappoint.
If you remember what happened in English class, what follows the apotheosis for the main character is the falling action or denouement. All Them Witches had peaked with Sleeping Through the War and had nowhere to go but down. The 2018 Lost and Found EP was four (comparatively) short covers and remixes that seemed more like leftovers than an actual meal. Sure, leftovers can be tasty, but All Them Witches fans were used to getting new and better breakfasts, luncheons and dinners and instead got last Tuesday’s reheated bean burrito. Which is fine, if you dig burritos, but it is still not as good as a nice, juicy steak.
Goddam, is anyone else craving a meal? Why is it so smoky in here, and why do I want to eat burritos and Doritos?
Hehe. Dorito. Burrito.
Fuck. I need to focus. Moving on.
Any fan of the band could tell that something was up, and that Lost and Found was at best a B-Side. It soon became evident that something really was up. Keyboardist (and part-time violinist) Allan Van Cleave was out of the band. This left a gigantic Ray Manzarek-esque hole in the band’s sound. The breakup was not a good one, and left some scars.
Van Cleave was replaced by Jonathan Draper, and the band released the album ATW in Sept of 2018. Sonically, the album is sound, but seems to lack the spark of greatness that was in everything prior to Lost and Found. The technical skills are there - Draper knows his way around a keyboard, and that is clearly evident on Fishbelly 86 Onions - but it kinda (IMHO) sounds more like an amazing All Them Witches cover album than an actual effort by the band. It is kinda like Bryan Cranston dressing up in a Walter White mask. It is super close to previous efforts but just not the same, somehow. 1st vs. 2nd is a jam and so is Diamond, and the album has an unrelenting energy, but it is just a bit off the mark.
The band must have felt something similar. Draper was turfed from the group just a month after ATW dropped. Instead of trying to recreate the four member sound that had anchored them since John Cusak and Amanda Peet’s landmark film, they decided to choose a new direction entirely.
When bands shuffle their lineup, it tends to be adding members (like our very own ancient monarchs) or replacing members. Very few bands successfully delete members. Well, OK, that band from Liverpool did successfully delete Stuart Sutcliffe from its lineup and they went on to do alright. Genesis made a successful transition from a 4-piece to a 3-piece when Peter Gabriel left. Oasis got 100% better when Liam Gallagher and his ego both quit. But losing an integral part of your sound - and the keyboards were central in so many songs - would be a tough transition. The band’s fanbase-not-so secretly worried that the lack of keyboardist would spell the end. Thankfully, we were wrong.
All Them Witches took that leap. Digging into their nomenclature and lore, they released a single as a three-piece band on Halloween of 2019. 1X1 is an angry, powerful Stoner Rock jam with a video that is an homage to Jesus Christ Pose. It is a Kyuss-meets-Tool-meets-Led Zeppelin-at-a-Black-Sabbath-concert song that made everyone simultaneously applaud and exhale.
They were back.
The new LP Nothing as the Ideal just dropped on September 4th, 2020. It is a leaner, meaner iteration of the band that seems to have lost no momentum. Everything resonates with power. Saturnine and Iron Jaw evokes Tony Iommi riffage. The Children of Coyote Women is a direct callback to the album Lightning at the Door. 41 is a thumping tune and Enemy of my Enemy is a relentless sonic attack. But most importantly, we get to see All Them Witches evolve as a band but hang on to the core of their sound.
You’re never going to hear this band on your local top 40 radio station. You might catch them on College radio, if the DJ is cool enough. Like most great music nowadays, you have to go looking to find it. But when you do find it, what an amazing experience it can be.
So now you have completed your Hero’s Journey (Twist! It turns out that YOU were the hero all along!) According to the trope, you are now older and wiser because you have ventured out of your comfortable little world.
Now prove me right, hero. Go listen and awaken your inner stoner. And bring me some goddamn Doritos. Cool Ranch for the win.
Links to QOTSA
Josh has included All Them Witches on The Alligator Hour and is known to be a fan of the band.
A recent review of Nothing as the Ideal stated that Charles Michael Parks Jr.’s voice was “Fantastic...like a bassier Josh Homme”.
More importantly, All Them Witches are a Stoner Rock band...and Josh literally invented the genre. It is clear that while the band has grown and evolved and are taking themselves to new places, their music has been inspired by that downtuned, low desert Kyuss groove.
Their Music
Until it Unwinds
Heavy/Like a Witch
The Urn
Extra Pleasant EP
The Marriage of Coyote Woman
Funeral for a Great Drunken Bird
When God Comes Back -- Live and badass
Effervescent
Interstate Bleach Party
Howdy Hoodee Slank
Dirt Preachers -- Live in 2016
El Centro
This is Where it Falls Apart
Bulls
3-5-7
Fishbelly 86 Onions
1st vs. 2nd
Diamond
Under Pressure -- yes, that song.
Open Passageways
Diamond
1X1
The Children of Coyote Woman
Enemy of my Enemy
Show Them Some Love
/AllThemWitches
Previous Posts
Tool
Alice in Chains
King Gizzard and the Lizard Wizard
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Ty Segall
Eagles of Death Metal
Them Crooked Vultures
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Found this place while going out to eat. Malloy may be gone, but he is certainly not forgotten.

Towing in Naperville Tow Truck Service Near Me Tow Recover Assist https://youtu.be/3ScwLW1mcb4 via @YouTube #TowingInNaperville #TowingNearMe

I pay for pacer. Here's the new filing as of 4/28.
Let's see those "highly informed" opinions.

On Tuesday, April 25, 2023 @ 10:52 a.m. Pacific Time, Governor Inslee signed into law E2SHB 1143, SHB 1240, and SSB 5078, in that order. Effective immediately, “assault weapon” (AW) sales to most individuals are prohibited in the state — subject to the terms of any potential future injunction — and buyers might have trouble completing a prior AW-related order undergoing a mandatory waiting period (see Sen. Dhingra’s floor statement for clarification).

Court cases to follow

Washington State AWB litigation

FEDERAL, NSSF+AERO: Banta v. Ferguson (2:23-cv-00112). SUBSCRIBE (RSS)

• Filings: 5/4/23: MOTION FOR PRELIM. INJUNCTION 4/25/23: INITIAL FILING
• Venue: District Court, E.D. Washington
• Judge: Hon. Mary K. Dimke, appointed by President Joe Biden.
• Plaintiffs: Amanda Banta; Sharp Shooting Indoor Range & Gun Shop, Inc.; Aero Precision, LLC; National Shooting Sports Foundation, Inc.
• Counsel: Corr Cronin LLP; Clement & Murphy, PLLC (pro hac vice).
• Notes: Counsel Paul Clement (pro hac vice) successfully argued Bruen at the US Supreme Court last year. Judge Dimke is also assigned to Brumback v. Ferguson (1:22-cv-03093), related to WA's 2022 magazine sales ban.

FEDERAL, SAF+FPC: Hartford v. Ferguson (3:23-cv-05364). SUBSCRIBE (RSS)

• Filings: 5/4/23: MOTION FOR PRELIM. INJUNCTION 4/25/23: INITIAL FILING
• Venue: District Court, W.D. Washington
• Judge: Hon. Robert Jensen Bryan, appointed by President Ronald Reagan.
• Plaintiffs: Lawrence Hartford; Douglas Mitchell; Brett Bass; Sporting Systems Vancouver, Inc.; Second Amendment Foundation, Inc.; and Firearms Policy Coalition, Inc.
• Counsel: Ard Law Group PLLC

STATE, SMF+GUARDIAN ARMS: Guardian Arms, LLC v. Inslee.

• Filings: 4/25/23: MOTION FOR TRO 4/25/23: PETITION FOR TRO + INJUNCTIVE RELIEF
• Venue: Grant County District Court (source)
• Notes: There was a hearing on Friday, May 12 @ 2:30 p.m. on the above motion. This case has been moved to Thurston County (Olympia) for further proceedings (source). Read SMF’s announcements here and here.

Illinois AWB Litigation

• FEDERAL (LEAD CASE): Barnett v. Raoul (3:23-cv-00209)
  • 5/4/23: ORDER TO STAY INJUNCTION 5/2/23: MOTION TO STAY INJUNCTION 4/28/23: PRELIMINARY INJUNCTION ISSUED 1/24/23: INITIAL FILING SUBSCRIBE (RSS)
• FEDERAL: Federal Firearms Licensees of Illinois v. Pritzker (3:23-cv-00215) SUBSCRIBE (RSS)
• FEDERAL: Harrel v. Raoul (3:23-cv-00141) SUBSCRIBE (RSS)
• FEDERAL: Langley v. Kelly (3:23-cv-00192)
• STATE: State Appellate Court 2-1 Decision, IL Supreme Court Appeal
• 7TH CIRCUIT JUSTICE BARRETT EMERGENCY APPLICATION: 5/17/23 SCOTUS DENIES INJUNCTION REQUEST

Other important cases (active)

• FEDERAL: Challenge to WA's SB 5078 Firearm Industry Public Nuisance law, NSSF v. Ferguson (2:23-cv-00113)
• FEDERAL: California’s AWB, Miller v. Bonta (3:19-cv-01537) (aka Miller v. Becerra). A ruling by Judge Benitez should be released soon™. The court is widely anticipated to rule that California's AWB is unconstitutional, following the 2022 US Supreme Court Bruen decision.
• OR STATE COURT: Arnold v. Brown. Harney County Circuit Court Judge Robert S. Raschio has blocked implementation of Measure 114 throughout the state pending further litigation. TEMPORARY RESTRAINING ORDER INITIAL FILING
• FEDERAL: Washington State Magazine Ban, Brumback v. Ferguson (1:22-cv-03093)
• WA STATE COURT: HB1705/80% ban challenge in Stevens County Superior Court: SMF v. Inslee

If you come across an important court case, post it in the comments and I’ll add it to this list.

WA constitutional case law background

Policy research is an interest of mine, and in the lead up to today's signing I have been studying and trying to making sense of Washington’s state constitutional right to bear arms. Codified as Art. I, § 24 (enacted in 1889), it reads:

ARTICLE I SECTION 24 RIGHT TO BEAR ARMS. The right of the individual citizen to bear arms in defense of himself, or the state, shall not be impaired, but nothing in this Section shall be construed as authorizing individuals or corporations to organize, maintain or employ an armed body of men.

The WA Supreme Court has surprisingly decided many policy matters involving the above right, even relatively recently. The (lower) state courts hearing arguments and deciding on injunctions and AWB reversals are forced to rely on these decisions as precedent, with Bruen as a cherry on top.

Key case law relevant to WA (NOTE: all decided pre-Bruen)

• WA constitution offers more individual protections than 2A. The Washington Constitution’s right to bear arms guarantees a broader right than what the United States Constitution protects.^1,2
• WA constitution protects traditional, common self-defense firearms. The Washington Supreme Court recently ruled that the state constitution’s right to bear arms “protects instruments that are designed as weapons traditionally or commonly used by law-abiding citizens for the lawful purpose of self-defense. […] A weapon does not need to be designed for military use to be traditionally or commonly used for self-defense.”³
• Narrowly-tailored “reasonable regulation” permissible. The state’s right to bear arms is nevertheless subject to reasonable regulation by the state under its police power.⁴ Any regulation must be reasonably necessary to protect the public safety, health, morals, or general welfare and must be substantially related to the legitimate ends sought.⁵ “A law is a reasonable regulation if it promotes public safety, health, or welfare and bears a reasonable and substantial relation to accomplishing the purpose pursued.”⁶
• State must balance the public benefit with deprivation of rights. The state must balance the public benefit from the regulation against the degree to which it frustrates the purpose of the constitutional provision.⁷
• Equal treatment under the law. Under the equal protection clause of the Washington state constitution, “persons similarly situated with respect to the legitimate purpose of the law must receive like treatment.”⁸
• Legislature’s laws are presumptively constitutional. A statute is presumed constitutional, and the party challenging it has the burden of proving that it is unconstitutional beyond a reasonable doubt.⁹
• The usual “standing” limitations with a twist. A party may challenge the constitutionality of a statute only as applied to the party, and may not challenge it on the ground that the statute might be unconstitutional as applied to someone else.¹⁰ As possession currently remains lawful, this reduces the average person’s ability to sue the state in court.
• Injunction: Demonstrating irreparable harm. Under the Winter test, a plaintiff in Federal court must satisfy each element for injunctive relief: (1) a likelihood of success on the merits; (2) a likelihood of irreparable injury in the absence of preliminary relief; (3) that a balancing of the hardships weighs in plaintiff’s favor; and (4) that a preliminary injunction will advance the public interest.¹¹ State courts follow a looser standard.¹²

New York State Rifle & Pistol Association, Inc., et al. v. Bruen (2022)

The 2022 US Supreme Court Bruen decision has eliminated the ability of a court to balance the severity of a firearm restriction with the governmental interest. Bruen says that:

“When the Second Amendment’s plain text covers an individual’s conduct, the Constitution presumptively protects that conduct. The government must then justify its regulation by demonstrating that it is consistent with the Nation’s historical tradition of firearm regulation. Only then may a court conclude that the individual’s conduct falls outside the Second Amendment’s unqualified command.”

Other helpful resources

• Text of SHB 1240: WA Assault Weapons Sales Ban. Read the full text of Washington’s AWB!
• RCW > Title 9 > Chapter 9.41: Firearms and Dangerous Weapons
• Justia WA Supreme Court decisions
• Washington State Court Rules of Evidence
• Pending WA Attorney General’s Opinions
• Casetext.com
• Cite.Case.Law
• CourtListener
• Public Access to Court Electronic Records (PACER)
• Get an RSS Reader and follow along

I am a policy researcher not a lawyer. This post is not legal advice. Thanks for reading!

SOURCES AND FOOTNOTES

¹ State v. Rupe, 101 Wn.2d 664, 706, 683 P.2d 571 (1984). Established that if a state provision is facially broader than the federal provision, the case will be analyzed under the Washington Constitution. FWIW the WA Supreme Court was under the assumption at the time that the phrase “a well regulated militia” limited the scope of the 2nd Amendment, but WA Supreme Court has quoted this case since Heller.
² State v. Spencer 75 Wash. App. 118, 876 P.2d 939 (1994). Appellate court ruling often cited in WA Supreme Court cases. In short, the Gunwall test determines whether the state constitutional right is more protective by looking directly to the text, highlighting any differences, bringing in historical context and prior state laws, and asking whether or not this right as it exists in our state constitution rises to a unique interest.
³ City of Seattle v. Evans, 184 Wash. 2d 856 (2015). The language in this relatively recent WA Supreme Court case protects commonly used weapons in the present tense, not just what traditionally existed in 1889. One estimate suggests US consumers own around 393 million firearms, both legal and illegal, with nearly 20 million “AR-15 style” firearms as of May 2018. NPR last week called the AR-15 “the bestselling rifle in the U.S.” Take this data with a grain of salt, it doesn’t even include all the sales in WA over the past few months.
⁴ State v. Rupe, 101 Wash. 2d 664, 706, 683 P.2d 571 (1984).
⁵ Second Amendment Found. v. Renton, 35 Wn. App. 583, 586, 668 P.2d 596 (1983). The court upheld an ordinance that prohibited the carrying of firearms in places where alcoholic beverages are dispensed by the drink, concluding that the law was narrowly drawn because it prevented the carrying of firearms only in bars.
⁶ Duckworth v. City of Bonney Lake, 91 Wn.2d 19, 27, 586 P.2d 860 (1978)
⁷ City of Seattle v. Montana, 129 Wn.2d 583, 593, 919 P.2d 1218 (1996).
⁸ State v. Schaaf, 109 Wn.2d 1, 17, 743 P.2d 240 (1987). A “strict scrutiny” review applies when a classification affects a suspect class (such as race, alienage, or national origin) or a fundamental right. Schaaf, 109 Wn.2d at 17-18. “’Under the strict scrutiny test, a law may be upheld only if it is shown to be necessary to accomplish a compelling state interest.’” See also Westerman v. Cary, 125 Wn.2d 277, 294-95, 892 P.2d 1067 (1994).
⁹ State v. Maciolek, 101 Wn.2d 259, 263, 676 P.2d 996 (1984).
¹⁰ Broadrick v. Oklahoma, 413 U.S. 601, 610, 93 S. Ct. 2908, 37 L. Ed. 2d 830 (1973). This decision is referenced in many cases in the Washington courts.
¹¹ Winter v. Nat. Res. Def. Council, Inc., 555 U.S. at 20; M.R. v. Dreyfus, 697 F.3d 706, 725 (9th Cir. 2012)
¹² Washington State Court Rules: CR 65

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