WA police departments will get $2M from gun store settlement

The Attorney General’s Office is accepting applications from police agencies across the state to disburse $2 million in one-time funding to combat gun violence, money it collected as part of a settlement with the former owner of a Federal Way gun shop accused of illegally selling large capacity magazines.

Municipal police departments, county sheriff’s offices and tribal law enforcement organizations are invited to submit specific proposals for funding to address gun violence, promote gun safety or support victims of gun violence. The application deadline is Oct. 31.

“Putting this money directly in the hands of local law enforcement will improve public safety in communities across our state. These funds will combat gun violence and offset the harm caused by the brazen and unlawful actions of Federal Way Discount Guns,” Attorney General Bob Ferguson said in a Tuesday statement.

Ferguson filed a civil lawsuit against Federal Way Discount Guns and owner Mohammed Baghai in December 2022, alleging Baghai violated the state Consumer Protection Act by continuing to sell large capacity magazines after a statewide ban went into effect that July.

Large capacity magazines are any magazines that can hold more than 10 rounds of ammunition. The 2022 law prohibits the sale, attempted sale, manufacture and distribution of high-capacity magazines but does not prohibit the possession of them.

Ferguson’s office previously said Federal Way Discount Guns sold about 3,600 high-capacity magazines between July 1 and when the state sued the store in December 2022. It then sold 246 more, and in early January 2023, the state won a preliminary injunction barring Federal Way Discount Guns from selling large capacity magazines, the AG’s office said.

Though Federal Way Discount Guns did not admit to the state’s allegations, the parties entered into a consent decree in King County Superior Court in February, with the gun shop agreeing to pay $3 million to settle the lawsuit. The gun shop is now owned by Baghai’s son, Andrew.

Ferguson’s office kept $1 million of the settlement money to cover the costs of investigating and litigating the case.

The $2 million in available funding to police agencies is considered a cy près distribution, a French term that means “as near” as possible. It is an indirect form of restitution and requires funds be distributed in a way that benefits the category of consumers harmed by illegal conduct since paying individual consumers would be impractical, if not impossible.

The applications will be reviewed by the AG’s office for feasibility and sustainability and whether there are opportunities for measurable outcomes. Departments will also be required to track spending and return any funds not spent within 24 months of an award, according to the application.

Applicants will need to describe how gun violence is impacting the community they serve, including demographics of people most affected and local statistics. They will also be required to specify how they intend to use the funds and whether the money will be used for new programs or initiatives or to expand existing ones.

Though the lawsuit against Federal Way Discount Guns has resolved, a lawsuit against Gator’s Guns, based in Kelso, for selling high-capacity magazines after the ban went into effect is currently on appeal before the state Supreme Court. Lakewood retailer WGS Guns was penalized $15,000 for violating the law in December 2022.

Meanwhile, two other lawsuits have been filed against Ferguson – one each in Eastern and Western Washington – challenging the state’s ban on the sale of large capacity magazines. Both have been stayed until the 9th U.S. Circuit Court of Appeals issues a ruling in a California case known as Duncan v Bonta, which is also about the manufacture or sale of large capacity magazines.