1 The Honorable Ronald B. Leighton
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 The Honorable Ronald B. Leighton UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA DANIEL MITCHELL, ROBIN BALL, LUKE No. 3:19-CV-05106 RBL RETTMER, ARMEN TOOLOEE, NATHANIEL CASEY, MATTHEW WALD, SECOND AMENDMENT FOUNDATION, and NATIONAL RIFLE ASSOCIATION, Plaintiffs, DEFENDANT CHUCK ATKINS' ANSWER TO PLAINTIFFS' FIRST AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF V. CHUCK ATKrNS, in his official capacity as the Sheriff of dark County, Washington; CRAIG MEIDL, in his official capacity as the Chief of Police ofSpokane, Washington; and TERESA BERNTSEN, in her official capacity as the Director of the Washington StateDepartment of Licensing, Defendants, SAFE SCHOOLS SAFE COMMUNITIES, Intervenor Defendant. Comes now Defendant Chuck Atkins (Defendant Atkins), in his official capacity as Sheriff of dark County, by and through Leslie A. Lopez, Deputy Prosecuting Attorney, answers Plaintiffs' First Amended Complaint for Declaratory and Injunctive Relief (First Amended DEFENDANT CHUCK ATKWS' ANSWER TO FIRST AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF AND AFFII^MATIVE DEFENSES - 1 of 22 3:19-cv-05106-RBL CLARK COUNPC PROSECUTING ATTORNEY CIVIL DIVISION 1300 FRANKLIN ST, SUITE 380 . PO BOX 5000 VANCOUVER, WASHINGTON 98666-5000 (564) 397-2478 (OFFICE) / (564) 397-2184 (FAX) Case 3:19-cv-05106-JCC Document 46 Filed 06/06/19 Page 1 of 22
Transcript of 1 The Honorable Ronald B. Leighton
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The Honorable Ronald B. Leighton
UNITED STATES DISTRICT COURTWESTERN DISTRICT OF WASHINGTON AT TACOMA
DANIEL MITCHELL, ROBIN BALL, LUKE No. 3:19-CV-05106 RBLRETTMER, ARMEN TOOLOEE,NATHANIEL CASEY, MATTHEW WALD,SECOND AMENDMENT FOUNDATION, andNATIONAL RIFLE ASSOCIATION,
Plaintiffs,
DEFENDANT CHUCK ATKINS'ANSWER TO PLAINTIFFS' FIRST
AMENDED COMPLAINT FORDECLARATORY AND INJUNCTIVE
RELIEF
V.
CHUCK ATKrNS, in his official capacity as theSheriff of dark County, Washington; CRAIGMEIDL, in his official capacity as the Chief ofPolice ofSpokane, Washington; and TERESABERNTSEN, in her official capacity as theDirector of the Washington State Department ofLicensing,
Defendants,
SAFE SCHOOLS SAFE COMMUNITIES,
Intervenor Defendant.
Comes now Defendant Chuck Atkins (Defendant Atkins), in his official capacity as
Sheriff of dark County, by and through Leslie A. Lopez, Deputy Prosecuting Attorney, answers
Plaintiffs' First Amended Complaint for Declaratory and Injunctive Relief (First Amended
DEFENDANT CHUCK ATKWS' ANSWER TO FIRSTAMENDED COMPLAINT FOR DECLARATORYAND INJUNCTIVE RELIEF AND AFFII^MATIVEDEFENSES - 1 of 223:19-cv-05106-RBL
CLARK COUNPC PROSECUTING ATTORNEYCIVIL DIVISION
1300 FRANKLIN ST, SUITE 380 . PO BOX 5000VANCOUVER, WASHINGTON 98666-5000
(564) 397-2478 (OFFICE) / (564) 397-2184 (FAX)
Case 3:19-cv-05106-JCC Document 46 Filed 06/06/19 Page 1 of 22
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Complaint). Except as hereinafter expressly admitted, qualified, or otherwise admitted,
Defendant Atkins specifically denies each and every allegation, statement, matter and thing
contained in the First Amended Complaint, including facts or allegations contained in Plaintiffs'
headings or subheadings. Defendant Atkins responds to the numbered allegations in the First
Amended Complaint as follows:
I. INTRODUCTION
1. This paragraph constitutes Plaintiffs' characterization of the relief they seek and
are legal conclusions or legal argument to which no answer is required. To the extent a response
is required, the allegations are denied.
2. Defendant Atkins denies that a copy of Washington State Initiative No. 1639,
enacted by voters on November 6, 2018, is attached to Plaintiffs' First Amended Complaint as
"Exhibit A. " The remainder of Paragraph 2 constitutes Plaintiffs' characterization of the relief
sought and are legal conclusions or legal argument to which no answer is required. To the extent
a response is required, the remaining allegations, together with any and all inferences taken
therefore, are denied.
3. Defendant Atkins admits that 1-1639 changes some laws regarding firearms in
Washington State. The remaining allegations contained therein not specifically admitted are
legal conclusions or legal argument to which no response is required. To the extent a response is
required, the remaining allegations are denied.
4. Defendant Atkins admits the allegations in this paragraph.
II. JUMSDICTION AND VENUE
5. This paragraph asserts legal conclusions or legal argument that requires no
response. To the extent a response is required, the allegations are denied.DEFENDANT CHUCK ATKINS' ANSWER TO FIRSTAMENDED COMPLAINT FOR DECLARATORYAND FNJUNCTIVE RELIEF AND AFFIRMATIVEDEFENSES - 2 of 223:19-cv-05106-RBL
CLARK COUNTl' PROSECUTING ATTORNEYCIVIL DIVISION
1300 FRANKLIN ST., SUITE 380 . PO BOX 5000VANCOUVER, WASHINGTON 98666-5000
(564) 397-2478 (OFFICE) / (564) 397-2184 (FAX)
Case 3:19-cv-05106-JCC Document 46 Filed 06/06/19 Page 2 of 22
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6. This paragraph asserts legal conclusions or legal argument that requires no
response. To the extent a response is required, the allegations are denied.
7. This paragraph asserts legal conclusions or legal argument that requires no
response. To the extent a response is required, the allegations are denied.
8. Defendant Atkins admits that venue is proper under 28 U. S.C. § 1391 and Local
Civil Rule 3(e).
III. PARTIES
9. Defendant Atkins admits the allegations in this paragraph.
10. Defendant Atkins is without knowledge or information sufficient to form a belief
as to the truth of the allegations and, therefore, denies the same.
11. Defendant Atkins is without knowledge or information sufficient to form a belief
as to the truth of the allegations and, therefore, denies the same.
12. Defendant Atkins is without knowledge or information sufficient to form a belief
as to the truth of the allegations and, therefore, denies the same.
13. Defendant Atkins is without knowledge or information sufficient to form a belief
as to the truth of the allegations and, therefore, denies the same.
14. Defendant Atkins is without knowledge or information sufficient to form a belief
as to the truth of the allegations and, therefore, denies the same.
15. Defendant Atkins is without knowledge or information sufficient to form a belief
as to the truth of the allegations and, therefore, denies the same.
16. Defendant Atkins is without knowledge or information sufficient to form a belief
as to the truth of the allegations and, therefore, denies the same.
DEFENDANT CHUCK ATKO^S' ANSWER TO FIRSTAMENDED COMPLAINT FOR DECLARATORYAND INJUNCTIVE RELIEF AND AFFIRMATIVEDEFENSES - 3 of 223:19-cv-05106-RBL
CLARK COUNT)' PROSECUTING ATTORNEYCIVIL DIVISION
1300 FRANKLIN ST., SUITE 380 . PO BOX 5000VANCOUVER, WASHINGTON 98666-5000
(564) 397-2478 (OFFICE) / (564) 397-2184 (FAX)
Case 3:19-cv-05106-JCC Document 46 Filed 06/06/19 Page 3 of 22
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17. Defendant Atkins is without knowledge or information sufficient to fonn a belief
as to the truth of the allegations and, therefore, denies the same.
18. Defendant Atkins is without knowledge or information sufficient to form a belief
as to the tmth of the allegations and, therefore, denies the same.
19. Defendant Atkins is without knowledge or information sufficient to form a belief
as to the tmth of the allegations and, therefore, denies the same.
20. Defendant Atkins is without knowledge or information sufficient to form a belief
as to the truth of the allegations and, therefore, denies the same.
21. This paragraph does not contain any factual allegations therein, therefore no
response is required. To the extent a response is required, the allegations are denied.
22. Defendant Atkins is without knowledge or information sufficient to form a belief
as to the truth of the allegations and, therefore, denies the same.
23. Defendant Atkins is without knowledge or information sufficient to form a belief
as to the tmth of the allegations and, therefore, denies the same.
24. Defendant Atkins is without knowledge or infonnation sufficient to fonn a belief
as to the truth of the allegations and, therefore, denies the same.
25. Defendant Atkins is without knowledge or information sufficient to form a belief
as to the truth of the allegations and, therefore, denies the same.
26. This paragraph asserts legal conclusions or legal argument that requires no
response. To the extent a response is required, the allegations are denied.
27. Defendant Atkins is without knowledge or information sufficient to form a belief
as to the truth of the allegations and, therefore, denies the same.
DEFENDANT CHUCK ATKINS' ANSWER TO FIRSTAMENDED COMPLAWT FOR DECLARATORYAND INJUNCTIVE RELIEF AND AFFIRMATIVEDEFENSES - 4 of 223:19-cv-05106-RBL
CLARK COUNTY PROSECUTING ATTORNEYCIVIL DIVISION
1300 FRANKLIN ST., SUITE 380 . PO BOX 5000VANCOUVER, WASHINGTON 98666-5000
(564) 397-2478 (OFFICE) / (564) 397-2184 (FAX)
Case 3:19-cv-05106-JCC Document 46 Filed 06/06/19 Page 4 of 22
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28. Defendant Atkins is without knowledge or information sufficient to form a belief
as to the truth of the allegations and, therefore, denies the same.
29. Defendant Atkins is without knowledge or information sufficient to form a belief
as to the truth of the allegations and, therefore, denies the same.
30. Defendant Atkins is without knowledge or information sufficient to form a belief
as to the truth of the allegations and, therefore, denies the same.
31. Defendant Atkins is without knowledge or information sufficient to form a belief
as to the truth of the allegations and, therefore, denies the same.
32. Defendant Atkins is without knowledge or information sufficient to form a belief
as to the truth of the allegations and, therefore, denies the same.
33. This paragraph asserts legal conclusions or legal argument that requires no
response. To the extent a response is required, the allegations are denied.
34. This paragraph does not contain any factual allegations therein, therefore no
response is required. To the extent a response is required, the allegations are denied.
35. Defendant Atkins admits that the First Amended Complaint names Chuck Atkins,
in his official capacity as the Sheriff of dark County, Washington, as one of the Defendants.
The remaining allegations contained therein not specifically admitted are legal argument or legal
conclusions that require no response. To the extent a response may be required, the remaining
allegations are denied.
36. Defendant Atkins admits that the First Amended Complaint names Craig Meidl,
in his official capacity as the Chief of Police ofSpokane, Washington, as one of the Defendants.
The remaining allegations contained therein not specifically admitted are legal argument or legal
conclusions that require no response. To the extent a response may be required. DefendantDEFENDANT CHUCK ATKWS' ANSWER TO FIRSTAMENDED COMPLAINT FOR DECLARATORYAND INJUNCTIVE RELIEF AND AFFIRMATIVEDEFENSES - 5 of 223:19-cv-05106-RBL
CLARK COUNTY PROSECUTING ATTORNEYCIVIL DIVISION
1300 FRANKLIN ST., SUITE 380 . PO BOX 5000VANCOUVER, WASHINGTON 98666-5000
(564) 397-2478 (OFFICE) / (564) 397-2184 (FAX)
Case 3:19-cv-05106-JCC Document 46 Filed 06/06/19 Page 5 of 22
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Atkins is without knowledge or information sufficient to form a belief as to the truth of the
allegations and, therefore, denies the same.
37. Defendant Atkins admits that the First Amended Complaint names Teresa
Bemtsen, in her official capacity as Director of the Washington State Department of Licensing,
as one of the Defendants. The remaining allegations contained therein not specifically admitted
are legal argument or legal conclusions that require no response. To the extent a response may
be required, Defendant Atkins is without knowledge or information sufficient to form a belief as
to the truth of the allegations and, therefore, denies the same.
IV. FACT ALLEGATIONS
38. Defendant Atkins admits that 1-1639 amended RCW 9.41.240 to add, in part, the
quoted language.
39. Defendant Atkins is without knowledge or information sufficient to form a belief
as to the truth of the allegations in this paragraph and, therefore, denies the same.
40. Defendant Atkins is without knowledge or information sufficient to form a belief
as to the truth of the allegations in this paragraph and, therefore, denies the same.
41. Defendant Atkins admits that 1-1639 amended RCW 9.41.240 to add, in part, the
quoted language. The remaining allegations contained in said paragraph, together with any and
all inferences taken therefrom, are denied.
42. Defendant Atkins admits that 1-1639 amended RCW 9.41. 240 to add, in part, the
quoted language.
43. Defendant Atkins admits the allegations in this paragraph.
44. Defendant Atkins admits he is being sued in his official capacity as the Sheriff of
dark County, Washington. The remaining allegations in said paragraph not specificallyDEFENDANT CHUCK ATKINS' ANSWER TO FIRSTAMENDED COMPLAINT FOR DECLARATORYAND INJUNCTIVE RELIEF AND AFFIRMATIVEDEFENSES-6 of 223:19-cv-05106-RBL
CLARK COUNTY PROSECUTING ATTORNEYCIVIL DIVISION
1300 FRANKLIN ST., SUITE 380 . PC BOX 5000VANCOUVER, WASHINGTON 98666-5000
(564) 397-2478 (OFFICE) / (564) 397-2184 (FAX)
Case 3:19-cv-05106-JCC Document 46 Filed 06/06/19 Page 6 of 22
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admitted are legal conclusions or legal argument to which no response is required. To the extent
a response is required, the allegations, together with all inferences taken therefore, are denied.
45. Defendant Atkins admits that firearm dealers must be licensed to legally sell
firearms. The remaining allegations in said paragraph not specifically admitted, together with all
inferences taken therefrom, are legal conclusions or legal argument to which no response is
required. To the extent a response is required. Defendant Atkins is without knowledge or
information sufficient to form a belief as to the truth of the allegations and, therefore, denies the
same.
46. Defendant Atkins admits that licensed firearm dealers must comply with all
relevant state and federal laws. The remaining allegations in said paragraph not specifically
admitted, together with all inferences taken therefrom, are legal conclusions or legal argument to
which no response is required. To the extent a response is required. Defendant Atkins is without
knowledge or information sufficient to form a belief as to the truth of the allegations and,
therefore, denies the same.
' 47. This paragraph asserts legal conclusions or legal argument that requires no
response. To the extent a response is required, the allegations are denied.
48. Defendant Atkins admits that on February 2, 2019, the dark County Sheriffs
Office Facebook page posted the statement quoted in paragraph 48,
49. Defendant Atkins asserts that the allegations in said paragraph do not relate to
him, as such no response is required. To the extent a response is required. Defendant Atkins is
without knowledge or information sufficient to form a belief as to the truth of the allegations
and, therefore, denies the same.
DEFENDANT CHUCK ATKINS' ANSWER TO FIRSTAMENDED COMPLAINT FOR DECLARATORYAND INJUNCTIVE RELIEF AND AFFIRMATIVEDEFENSES - 7 of 223:19-cv-05106-RBL
CLARK COUNTY PROSECUTING ATTORNEYCIVIL DIVISION
1300 FRANKLIN ST., SUITE 380 . PO BOX 5000VANCOUVER, WASHINGTON 98666-5000
(564) 397-2478 (OFFICE) / (S64) 397-2184 (FAX)
Case 3:19-cv-05106-JCC Document 46 Filed 06/06/19 Page 7 of 22
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50. Defendant Atkins admits that firearm dealers must be licensed to legally sell
firearms. The remaining allegations in said paragraph not specifically admitted, together with all
inferences taken therefrom, are legal conclusions or legal argument to which no response is
required. To the extent a response is required. Defendant Atkins is without knowledge or
information sufficient to form a belief as to the truth of the allegations and, therefore, denies the
same.
51. Defendant Atkins admits that licensed firearms dealers must comply with all
applicable state and federal laws. The remaining allegations in said paragraph not specifically
admitted, together with any and all inferences taken therefore, are legal conclusions or legal
argument to which no response is required. To the extent a response is required. Defendant
Atkins is without knowledge or information sufficient to fonn a belief as to the truth of the
allegations and, therefore, denies the same.
52. This paragraph asserts legal conclusions or legal argument that requires no
response. To the extent a response is required, the allegations are denied.
53. Defendant Atkins asserts that the allegations in said paragraph do not relate to
him; are speculative in nature and/or are legal conclusions or legal argument, to which no
response is required. To the extent a response is required, Defendant Atkins is without
knowledge or information sufficient to form a belief as to the truth of the allegations, and,
therefore, denies the same.
54. Defendant Atkins asserts that the allegations in said paragraph do not relate to
him; are speculative in nature and/or are legal conclusions or legal argument, to which no
response is required. To the extent a response is required, Defendant Atkins is without
DEFENDANT CHUCK ATKINS' ANSWER TO FIRSTAMENDED COMPLAINT FOR DECLARATORYAND WJUNCTIVE RELIEF AND AFFIRMATIVEDEFENSES - 8 of 223:19-cv-05106-RBL
CLARK COUNTY PROSECUTING ATTORNEYCIVIL DIVISION
1300 FRANKLIN ST., SUITE 380 . PO BOX 5000VANCOUVER, WASHINGTON 98666-5000
(564) 397-2478 (OFFICE) / (564) 397-2184 (FAX)
Case 3:19-cv-05106-JCC Document 46 Filed 06/06/19 Page 8 of 22
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knowledge or information sufficient to form a belief as to the tmth of the allegations and,
therefore, denies the same.
55. Defendant Atkins asserts that the allegations in said paragraph do not relate to
him; are speculative in nature and/or are legal conclusions or legal argument, to which no
response is required. To the extent a response is required, Defendant Atkins is without
knowledge or information sufficient to form a belief as to the truth of the allegations and,
therefore, denies the same.
56. Defendant Atkins asserts that the allegations in said paragraph do not relate to
him; are speculative in nature and/or are legal conclusions or legal argument, to which no
response is required. To the extent a response is required, Defendant Atkins is without
knowledge or information sufficient to form a belief as to the truth of the allegations and,
therefore, denies the same.
57. Defendant Atkins asserts that the allegations in said paragraph do not relate to
him; are speculative in nature and/or are legal conclusions or legal argument, to which no
response is required. To the extent a response is required, Defendant Atkins is without
knowledge or information sufficient to form a belief as to the truth of the allegations and,
therefore, denies the same.
58. This paragraph asserts legal conclusions or legal arguments to which no answer is
required. To the extent a response is required. Defendant Atkins is without knowledge or
information sufficient to form a belief as to the tmth of the allegations and, therefore, denies the
same.
59. Defendant Atkins is without knowledge or information sufficient to form a belief
as to the tmth of the allegations and, therefore, denies the same.DEFENDANT CHUCK ATKINS' ANSWER TO FIRSTAMENDED COMPLAINT FOR DECLARATORYAND DSTJUNCTIVE RELIEF AND AFFIRMATIVEDEFENSES - 9 of 223.-19-CV-05106-RBL
CLARK COUNTr PROSECUTING ATTORNEYCIVIL DIVISION
1300 FRANKLIN ST., SUITE 380 . PO BOX 5000VANCOUVER, WASHINGTON 98666-5000
(564) 397-2478 (OFFICE) / (564) 397-2184 (FAX)
Case 3:19-cv-05106-JCC Document 46 Filed 06/06/19 Page 9 of 22
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60. Defendant Atkins is without knowledge or information sufficient to form a belief
as to the truth of the allegations and, therefore, denies the same.
61. Defendant Atkins is without knowledge or information sufficient to form a belief
as to the truth of the allegations and, therefore, denies the same.
62. Defendant Atkins is without knowledge or information sufficient to form a belief
as to the truth of the allegations and, therefore, denies the same.
63. Defendant Atkins is without knowledge or information sufficient to form a belief
as to the truth of the allegations and, therefore, denies the same.
64. This paragraph asserts legal conclusions or legal arguments to which no answer is
required. To the extent a response is required. Defendant Atkins is without knowledge or
information sufficient to form a belief as to the tmth of the allegations and, therefore, denies the
same.
65. This paragraph asserts legal conclusions or legal arguments to which no answer is
required. To the extent a response is required, Defendant Atkins is without knowledge or
information sufficient to form a belief as to the truth of the allegations and, therefore, denies the
same.
66. This paragraph asserts legal conclusions or legal argument that requires no
response. To the extent a response is required, the allegations are denied.
67. This paragraph asserts legal conclusions or legal argument that requires no
response. To the extent a response is required, the allegations are denied.
68. This paragraph asserts legal conclusions or legal argument that requires no
response. To the extent a response is required, the allegations are denied.
DEFENDANT CHUCK ATKINS' ANSWER TO FIRSTAMENDED COMPLAINT FOR DECLARATORYAND WJUNCTIVE RELIEF AND AFFIRMATIVEDEFENSES - 10 of 223:19-cv-05106-RBL
CLARK COUNT/ PROSECUTING ATTORNEYCIVIL DIVISION
1300 FRANKLIN ST., SUITE 380 . PO BOX 5000VANCOUVER, WASHINGTON 98666-5000
(564) 397-2478 (OFFICE) / (564) 397-2184 (FAX)
Case 3:19-cv-05106-JCC Document 46 Filed 06/06/19 Page 10 of 22
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69. This paragraph asserts legal conclusions or legal arguments that require no
response. To the extent a response is required. Defendant Atkins is without knowledge or
information sufficient to form a belief as to the ti'uth of the allegations and, therefore, denies the
same.
70. This paragraph asserts legal conclusions or legal arguments that require no
response. To the extent a response is required. Defendant Atkins is without knowledge or
information sufficient to form a belief as to the truth of the allegations and, therefore, denies the
same.
71. This paragraph asserts legal conclusions or legal arguments that require no
response. To the extent a response is required. Defendant Atkins is without knowledge or
information sufficient to form a belief as to the truth of the allegations and, therefore, denies the
same.
72. Defendant Atkins is without knowledge or information sufficient to form a belief
as to the truth of the allegations and, therefore, denies the same.
73. Defendant Atkins is without knowledge or information sufficient to form a belief
as to the truth of the allegations and, therefore, denies the same.
74. Defendant Atkins is without knowledge or information sufficient to form a belief
as to the truth of the allegations and, therefore, denies the same.
75. Defendant Atkins is without knowledge or information sufficient to form a belief
as to the truth of the allegations and, therefore, denies the same.
76. Defendant Atkins is without knowledge or information sufficient to form a belief
as to the truth of the allegations and, therefore, denies the same.
DEFENDANT CHUCK ATKINS' ANSWER TO FIRSTAMENDED COMPLAD'IT FOR DECLARATORYAND D^TJUNCTIVE RELIEF AND AFFIRMATIVEDEFENSES- 11 of 223:19-cv-05106-RBL
CLARK COUNTY PROSECUTING ATTORNEYCIVIL DIVISION
1300 FRANKLIN ST., SUITE 380 . PO BOX 5000VANCOUVER, WASHINGTON 98666-5000
(564) 397-2478 (OFFICE) / (564) 397-2184 (FAX)
Case 3:19-cv-05106-JCC Document 46 Filed 06/06/19 Page 11 of 22
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77. This paragraph asserts legal conclusions or legal arguments that require no
response. To the extent a response is required, Defendant Atkins is without knowledge or
information sufficient to fonn a belief as to the truth of the allegations and, therefore, denies the
same.
78. This paragraph asserts legal conclusions or legal arguments that require no
response. To the extent a response is required, Defendant Atkins is without knowledge or
information sufficient to fonn a belief as to the truth of the allegations and, therefore, denies the
same.
79 This paragraph asserts legal conclusions or legal argument that requires no
response. To the extent a response is required, the allegations are denied.
80. This paragraph asserts legal conclusions or legal argument that requires no
response. To the extent a response is required, the allegations are denied.
81 This paragraph asserts legal conclusions or legal argument that requires no
response. To the extent a response is required, the allegations are denied.
82. This paragraph asserts legal conclusions or legal arguments that require no
response. To the extent a response is required. Defendant Atkins is without knowledge or
information sufficient to form a belief as to the truth of the allegations and, therefore, denies the
same.
83. This paragraph asserts legal conclusions or legal arguments that require no
response. To the extent a response is required. Defendant Atkins is without knowledge or
information sufficient to form a belief as to the truth of the allegations and, therefore, denies the
same.
DEFENDANT CHUCK ATKINS' ANSWER TO FIRSTAMENDED COMPLAnsTT FOR DECLARATORYAND INJUNCTIVE RELIEF AND AFFIRMATIVEDEFENSES-12 of 223:19-cv-05106-RBL
CLARK COUNT/ PROSECUTING ATTORNEYCIVIL DIVISION
1300 FRANKLIN ST., SUITE 380 . PO BOX 5000VANCOUVER, WASHINGTON 98666-SOOO
(564) 397-2478 (OFFICE) / (564) 397-2184 (FAX)
Case 3:19-cv-05106-JCC Document 46 Filed 06/06/19 Page 12 of 22
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84. This paragraph asserts legal conclusions or legal arguments that require no
response. To the extent a response is required. Defendant Atkins is without knowledge or
information sufficient to form a belief as to the truth of the allegations and, therefore, denies the
same.
85. Defendant Atkins is without knowledge or infonnation sufficient to form a belief
as to the truth of the allegations and, therefore, denies the same.
86. Defendant Atkins is without knowledge or information sufficient to form a belief
as to the tmth of the allegations and, therefore, denies the same.
87. Defendant Atkins is without knowledge or information sufficient to form a belief
as to the truth of the allegations and, therefore, denies the same.
88. Defendant Atkins is without knowledge or information sufficient to form a belief
as to the truth of the allegations and, therefore, denies the same.
89. Defendant Atkins is without knowledge or information sufficient to fonn a belief
as to the truth of the allegations and, therefore, denies the same.
90. This paragraph asserts legal conclusions or legal arguments that require no
response. To the extent a response is required. Defendant Atkins is without knowledge or
information sufficient to form a belief as to the truth of the allegations and, therefore, denies the
same.
91. This paragraph asserts legal conclusions or legal arguments that require no
response. To the extent a response is required, Defendant Atkins is without knowledge or
information sufficient to form a belief as to the truth of the allegations and, therefore, denies the
same.
DEFENDANT CHUCK ATKBSTS' ANSWER TO FIRSTAMENDED COMPLAINT FOR DECLARATORYAND INJUNCTIVE RELIEF AND AFFIRMATIVEDEFENSES - 13 of 223:19-cv-05106-RBL
CLARK COUNTY PROSECUTING ATTORNEYCIVIL DIVISION
1300 FRANKLIN ST., SUITE 380 . PO BOX 5000VANCOUVER, WASHINGTON 98666-5000
(564) 397-2478 (OFFICE) / (564) 397-2184 (FAX)
Case 3:19-cv-05106-JCC Document 46 Filed 06/06/19 Page 13 of 22
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92. This paragraph asserts legal conclusions or legal argument that requires no
response. To the extent a response is required, the allegations are denied.
93. This paragraph asserts legal conclusions or legal argument that requires no
response. To the extent a response is required, the allegations are denied.
94 This paragraph asserts legal conclusions or legal argument that requires no
response. To the extent a response is required, the allegations are denied.
95 This paragraph asserts legal conclusions or legal arguments that require no
response. To the extent a response is required. Defendant Atkins is without knowledge or
infonnation sufficient to form a belief as to the truth of the allegations and, therefore, denies the
same.
96. This paragraph asserts legal conclusions or legal arguments that require no
response. To the extent a response is required. Defendant Atkins is without knowledge or
information sufficient to form a belief as to the truth of the allegations and, therefore, denies the
same.
97. Defendant Atkins asserts that the allegations contained therein are legal
conclusions or legal argument to which no response is required. To the extent a response is
required. Defendant Atkins is without knowledge or information sufficient to form a belief as to
the truth of the allegations and, therefore, denies the same.
98. Defendant Atkins is without knowledge or information sufficient to form a belief
as to the truth of the allegations and, therefore, denies the same.
99. Defendant Atkins is without knowledge or information sufficient to form a belief
as to the truth of the allegations and, therefore, denies the same.
DEFENDANT CHUCK ATKWS' ANSWER TO FIRSTAMENDED COMPLAWT FOR DECLARATORYAND INJUNCTIVE RELIEF AND AFFIRMATIVEDEFENSES - 14 of 223:19-cv-05106-RBL
CLARK COUNT)' PROSECUTING ATTORNEYCIVIL DIVISION
1300 FRANKLIN ST., SUITE 380 * PO BOX 5000VANCOUVER, WASHINGTON 98666-5000
(564) 397-2478 (OFFICE) / (564) 397-2184 (FAX)
Case 3:19-cv-05106-JCC Document 46 Filed 06/06/19 Page 14 of 22
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100. Defendant Atkins is without knowledge or information sufficient to form a belief
as to the truth of the allegations and, therefore, denies the same.
101. Defendant Atkins is without knowledge or information sufficient to form a belief
as to the truth of the allegations and, therefore, denies the same.
102. Defendant Atkins is without knowledge or information sufficient to form a belief
as to the truth of the allegations and, therefore, denies the same.
103. Defendant Atkins asserts that the allegations contained therein are legal
conclusions or legal argument to which no response is required. To the extent a response is
required. Defendant Atkins is without knowledge or information sufficient to form a belief as to
the truth of the allegations and, therefore, denies the same.
104. Defendant Atkins asserts that the allegations contained therein are legal
conclusions or legal argument to which no response is required. To the extent a response is
required. Defendant Atkins is without knowledge or information sufficient to form a belief as to
the truth of the allegations and, therefore, denies the same.
105. This paragraph asserts legal conclusions or legal argument that requires no
response. To the extent a response is required, the allegations are denied.
106. This paragraph asserts legal conclusions or legal argument that requires no
response. To the extent a response is required, the allegations are denied.
107. This paragraph asserts legal conclusions or legal argument that requires no
response. To the extent a response is required, the allegations are denied.
108. Defendant Atkins asserts that the allegations contained therein are legal
conclusions or legal argument to which no response is required. To the extent a response is
DEFENDANT CHUCK ATKINS' ANSWER TO FIRSTAMENDED COMPLAO^T FOR DECLARATORYAND WJUNCTIVE RELIEF AND AFFIRMATIVEDEFENSES -15 of 223:19-cv-05106-RBL
CLARK COUNTf PROSECUTING ATTORNEYCIVIL DIVISION
1300 FRANKLIN ST., SUITE 380 . PO BOX 5000VANCOUVER, WASHINGTON 98666-5000
(564) 397-2478 (OFFICE) / (564) 397-2184 (FAX)
Case 3:19-cv-05106-JCC Document 46 Filed 06/06/19 Page 15 of 22
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required. Defendant Atkins is without knowledge or information sufficient to form a belief as to
the truth of the allegations and, therefore, denies the same.
109. Defendant Atkins asserts that the allegations contained therein are legal
conclusions or legal argument to which no response is required. To the extent a response is
required. Defendant Atkins is without knowledge or information sufficient to form a belief as to
the truth of the allegations and, therefore, denies the same.
110. Defendant Atkins is without knowledge or information sufficient to form a belief
as to the truth of the allegations and, therefore, denies the same.
111. Defendant Atkins is without knowledge or information sufficient to form a belief
as to the truth of the allegations and, therefore, denies the same.
112. Defendant Atkins is without knowledge or information sufficient to form a belief
as to the truth of the allegations and, therefore, denies the same.
113. Defendant Atkins is without knowledge or information sufficient to form a belief
as to the truth of the allegations and, therefore, denies the same.
114. Defendant Atkins is without knowledge or infonnation sufficient to form a belief
as to the truth of the allegations and, therefore, denies the same.
115. This paragraph asserts legal conclusions or legal argument that requires no
response. To the extent a response is required, it is denied. To the extent this paragraph makes
factual allegations. Defendant Atkins is without knowledge or information sufficient to form a
belief as to the truth of the allegations and, therefore, denies the same.
V. CAUSES OF ACTION
116. Defendant Atkins incorporated by reference its answers to Paragraphs 1-115
DEFENDANT CHUCK ATKD4S' ANSWER TO FIRSTAMENDED COMPLAINT FOR DECLARATORYAND D4JUNCTIVE RELIEF AND AFFIRMATIVEDEFENSES - 16 of 223:19-cv-05106-RBL
CLARK COUNPl' PROSECUTING ATTORNEYCIVIL DIVISION
1300 FRANKLIN ST., SUITE 380 . PO BOX 5000VANCOUVER, WASHINGTON 9866S-5000
(564) 397-2478 (OFFICE) / (564) 397-2184 (FAX)
Case 3:19-cv-05106-JCC Document 46 Filed 06/06/19 Page 16 of 22
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A. Count I: Declaratory Relief That The Ban on Sales of Self-Loading Rifles to YoungAdults Impermissibly Impairs Rights Guaranteed by the Second Amendment.
117. Defendant Atkins asserts that the allegations contained therein constitute
characterizations of the relief sought and are legal conclusions or legal argument to which no
response is required. To the extent a response is required, the allegations are denied.
118. Defendant Atkins asserts that the allegations contained therein constitute
characterizations of the relief sought and are legal conclusions or legal argument to which no
response is required. To the extent a response is required, the allegations are denied.
119. Defendant Atkins asserts that the allegations contained therein constitute
characterizations of the relief sought and are legal conclusions or legal argument to which no
response is required. To the extent a response is required, the allegations are denied.
B. Count II: Declaratory Relief That the Ban on Sales of Self-Loading Rifles toNonresident Purchasers Violates the Commerce Clause.
120. Defendant Atkins asserts that the allegations contained therein constitute
characterizations of the relief sought and are legal conclusions or legal argument to which no
response is required. To the extent a response is required, the allegations are denied.
C. Count III: Violation of Civil Rights (42 U. S.C. § 1983).
121. Defendant Atkins admits he has stated that the dark County Sheriffs Office will
adhere to the law as passed by a vote of the people unless a court rules that it is unconstitutional.
denies that Director Bemtsen has stated an intent to enforce 1-1639. Defendant Atkins is without
knowledge or information sufficient to form a belief as to the truth of the remaining allegations
and, therefore, denies the same.
DEFENDANT CHUCK ATKINS' ANSWER TO FIRSTAMENDED COMPLAINT FOR DECLARATORYAND INJUNCTIVE RELIEF AND AFFIRMATIVEDEFENSES - 17 of 223:19-cv-05106-RBL
CLARK COUNPC PROSECUTING ATTORNEYCIVIL DIVISION
1300 FRANKLIN ST., SUITE 380 . PO BOX 5000VANCOUVER, WASHINGTON 98666-5000
(564) 397-2478 (OFFICE) / (564) 397-2184 (FAX)
Case 3:19-cv-05106-JCC Document 46 Filed 06/06/19 Page 17 of 22
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122. Defendant Atkins asserts that the allegations contained therein constitute
characterizations of the relief sought and are legal conclusions or legal argument to which no
response is required. To the extent a response is required, the allegations are denied.
123. Defendant Atkins asserts that the allegations contained therein constitute
characterizations of the relief sought and are legal conclusions or legal argument to which no
response is required. To the extent a response is required, the allegations are denied.
VI. PRAYER FOR RELIEF
124. Defendant Atkins asserts that the allegations therein make no factual allegations
but are Plaintiffs' requests for. relief and legal argument or conclusions to which no response is
required. To the extent a response is required, it is denied.
125. Defendant Atkins asserts that the allegations therein make no factual allegations
but are Plaintiffs' requests for relief and legal argument or conclusions to which no response is
required. To the extent a response is required, it is denied.
126. Defendant Atkins asserts that the allegations therein make no factual allegations
but are Plaintiffs' requests for relief and legal argument or conclusions to which no response is
required. To the extent a response is required, it is denied.
127. Defendant Atkins asserts that the allegations therein make no factual allegations
but are Plaintiffs' requests for relief and legal argument or conclusions to which no response is
required. To the extent a response is required, it is denied.
AFFIRMATIVE DEFENSES
Defendant Atkins' affirmative defenses to the First Amended Complaint are set forth
below.
DEFENDANT CHUCK ATKINS' ANSWER TO FIRSTAMENDED COMPLAINT FOR DECLARATORYAND INJUNCTIVE RELIEF AND AFFIRMATIVEDEFENSES - 18 of223:19-cv-05106-RBL
CLARK COUNTr' PROSECUTING ATTORNEYCIVIL DIVISION
1300 FRANKLIN ST., SUITE 380 . PO BOX 5000VANCOUVER, WASHINGTON 98666-5000
(564) 397-2478 (OFFICE) / (564) 397-2184 (FAX)
Case 3:19-cv-05106-JCC Document 46 Filed 06/06/19 Page 18 of 22
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1. Plaintiffs' First Amended Complaint in whole or in part fails to state a claim
against Defendant Atkins.
Defendant Atkins reserves the right to assert additional defenses and affirmative defenses
as established by the facts of this case. Defendant Adkins also adopts and incorporates by
reference any and all other defenses asserted by any other Defendant in this matter to the extent
Defendant Atkins may share in such defense.
BY WAY OF FURTHER ANSWER AND AFFIRMATIVE DEFENSE, Defendant
Atkins, in his official capacity as Sheriff of dark County, Washington, alleges that all actions of
Defendant Atkins alleged herein were performed pursuant to and accordance with state law and
manifest a reasonable exercise of judgment and discretion by authorized public officials made in
the exercise of governmental authority entrusted to them by law and are neither tortious nor
actionable.
FURTHER, by way of reservation of rights, without waiver. Defendant Atkins
specifically reserves the right to amend its Answer by way of adding additional Affirmative
Defenses, Counter Claims, Cross-Claims, or instituting third-party actions which may be
appropriate and further investigation and discovery.
WHEREFORE, having fully answered Plaintiffs' First Amended Complaint and having
asserted defenses and affinnative defenses, Defendant Chuck Atkins, in his official capacity as
the dark County Sheriff, respectfully requests that Plaintiffs' requested relief be denied, that
Plaintiffs' First Amended Complaint be dismissed with prejudice, that Defendant Atkins be
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DEFENDANT CHUCK ATKINS' ANSWER TO FIRSTAMENDED COMPLADSTT FOR DECLARATORYAND WJXJNCTIVE RELIEF AND AFFIRMATIVEDEFENSES - 19 of 223:19-cv-05106-RBL
CLARK COUNTY PROSECUTING ATTORNEYCIVIL DIVISION
1300 FRANKLIN ST., SUITE 380 . PO BOX 5000VANCOUVER, WASHINGTON 98666-5000
(564) 397-2478 (OFFICE) / (564) 397-2184 (FAX)
Case 3:19-cv-05106-JCC Document 46 Filed 06/06/19 Page 19 of 22
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awarded costs and reasonable attorney fees, as may be provided by statute or other law, and that
the Court award such other relief as the Court deems just and equitable.
Respectfully submitted this 6th day of June, 2019.
L ' A.LLeslie A. Lopez, WSBA #46118Deputy Prosecuting Attorneydark County Prosecutor's Office - Civil DivisionPO Box 5000Vancouver WA 98666-5000
Tele: (564)397-2478Email: leslie. lo ez clark.wa. ov
Attorney for Defendant Chuck Atkins
DEFENDANT CHUCK ATKINS' ANSWER TO FIRSTAMENDED COMPLAINT FOR DECLARATORYAND WJUNCTIVE RELIEF AND AFFIRMATIVEDEFENSES - 20 of 223:19-cv-05106-RBL
CLARK COUNTC PROSECUTING ATTORNEYCIVIL DIVISION
1300 FRANKLIN ST., SUITE 380 . PO BOX 5000VANCOUVER, WASHINGTON 98666-5000
(564) 397-2478 (OFFICE) / (564) 397-2184 (FAX)
Case 3:19-cv-05106-JCC Document 46 Filed 06/06/19 Page 20 of 22
1 CERTIFICATE OF SERVICE
2 I hereby certify that on June 6, 2019, 1 electronically filed the foregoing with the Clerk of
3 the Court using the CM/ECF system which will send notification of such filing to the following:
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David K. DeWolf, Matthew C. AlbrechtALBRECHT LAW PLLC421 W. Riverside Ave., Suite 614Spokane, WA 99201-0402Ph: (509) [email protected],[email protected] Attorneys for PlaintiffsSalvatore J. FaggianoSPOKANE CITY ATTORNEY'S OFFICE808 W Spokane Falls Blvd, 5th FloorSpokane, WA 99201-3333Ph: (509) [email protected] Attorneys for Craig Meidl
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DEFENDANT CHUCK ATKINS' ANSWER TO FIRSTAMENDED COMPLAINT FOR DECLARATORYAND INJUNCTIVE RELIEF AND AFFIRMATIVEDEFENSES-21 of 223:19-cv-05106-RBL
Joel B. ArdARD LAW GROUP, PLLCP.O. Box 11633Bainbridge Is, WA 98110-5633Ph: (206) [email protected] Attorneys for Plaintiffs
Dionne Padilla-Huddleston, Jeffrey T. Even,Noah G. Purcell, R. July Simpson, Zachary PJones
WASHINGTON STATE ATTORNEYGENERAL'S OFFICE800 Fifth Ave, Suite 2000Seattle, WA 98104And:P.O. Box 40100Olympia, WA 98504-0100Ph: (360) 753-6200Emails: [email protected],[email protected], [email protected],noahp@atg. wa.gov, rjulys@atg. wa.gov,[email protected] Attorneys for Teresa Bemtsen
CLARK COUNTf PROSECUTING ATTORNEYCIVIL DIVISION
1300 FRANKLIN ST., SUITE 380 . PO BOX 5000VANCOUVER, WASHINGTON 98666-5000
(564) 397-2478 (OFFICE) / (564) 397-2184 (FAX)
Case 3:19-cv-05106-JCC Document 46 Filed 06/06/19 Page 21 of 22
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Nicholas W. Brown, Paul J. Lawrence, SarahS. Washbum, Gregory J. WongPacifica Law Group, LLP1191 Second Ave, Suite 2000Seattle, WA 98101Ph: (206) 245-1700Emails:
Nicholas. Brown@pacificalawgroup. corn;paul. lawrence@pacificalawgroup. corn;[email protected];[email protected] Attorneys for Intervenor Defendant SafeSchools Safe Commimities
Theifna/KyewiwThelma Kremer, Legal Secretary
DEFENDANT CHUCK ATKDSTS' ANSWER TO FIRSTAMENDED COMPLAINT FOR DECLARATORYAND INJUNCTIVE RELIEF AND AFFIRMATIVEDEFENSES - 22 of 223:19-cv-05106-RBL
CLARK COUNTC PROSECUTING ATTORNEYCIVIL DIVISION
1300 FRANKLIN ST., SUITE 380 . PO BOX 5000VANCOUVER, WASHINGTON 98666-5000
(564) 397-2478 (OFFICE) / (564) 397-2184 (FAX)
Case 3:19-cv-05106-JCC Document 46 Filed 06/06/19 Page 22 of 22
