Washington’s attorney general candidates face off in court over gun laws

The candidates to be Washington state’s next attorney general are facing off on the campaign trail. But Democrat Nick Brown and Republican Pete Serrano are already familiar with one another, from the courtroom.

They’re on opposing sides in multiple lawsuits challenging the state’s recently enacted gun laws. And their race could have consequences for firearms enforcement in Washington.

Brown is a former U.S. Attorney in Western Washington, now in private practice. He represents the Alliance for Gun Responsibility, helping defend the so-called assault weapons ban passed by the Legislature in 2023.

Brown said, “We had a hearing just the Friday before the primary election, where Pete and I were appearing on behalf of our clients.”

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Serrano also serves as the mayor of Pasco in Southern Washington. Serrano’s nonprofit, the Silent Majority Foundation, sued the state on behalf of the Guardian Arms gun store in Moses Lake. They’re seeking to have the ban on sales of assault weapons declared unconstitutional. So, he’s the opposing side in those court hearings.

Serrano said he hopes it’s helpful to the public to see the two candidates in court.

“People can kind of see us in action,” he said. “That’s really cool because you get to sort of role-play for your job even though you’re doing a different job, right?”

Both candidates are matter-of-fact and professional about these courtroom encounters. But both said these lawsuits reflect their own deeply held beliefs.

Brown said he’s committed to seeking to uphold the recent laws.

“I feel very strong in my capacity as a practicing attorney about the really important work that we’re doing on behalf of the Alliance to pass gun safety measures, which I think really help improve public safety and save lives in Washington in a lot of different ways,” he said.

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Meanwhile, Serrano said he believes legislators are encroaching on residents’ constitutional rights to possess firearms.

“When an entity challenges an individual’s fundamental right, we have to have this balanced approach,” he said. “I’m very concerned that these issues are more fought on political fronts than legal fronts.”

So, what happens if Serrano, who has numerous lawsuits against the state of Washington, is elected to defend those same laws as attorney general?

Former Washington Deputy Attorney General Brian Moran, who was later appointed U.S. attorney, said whether Serrano or Brown becomes the next attorney general, their duty will be clear.

“What the Washington State Constitution guarantees is that regardless of how the attorney, he or she feels about a particular issue, they have a duty of allegiance to the client,” Moran said.

That would be the state, in this case, the Legislature that passed the assault weapons ban and other gun laws.

“Ultimately, it’s kind of a personal question up to the attorney general,” Moran said. “If he or she doesn’t think that they can bring their best to a case and their full and undivided allegiance to the client, then he or she should recuse themself.”

If elected, Serrano said he would seek ethical guidance and, potentially, hire outside lawyers to handle the cases he’s brought. But he also raised the scenario that some state laws would be found unconstitutional.

“I’ve got my views. There are instances where I’m going to defend things I disagree with, and that’s part of the job,” he said. “Now to be clear – if there’s a legal basis to not support something I disagree with, that’s different.”

He cited his foundation’s lawsuit seeking to strike down state law banning the sale of high capacity magazines for firearms, on behalf of the retailer Gator’s Custom Guns in Kelso.

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Serrano noted that the trial court declared the law invalid. That was the determination of Cowlitz County Superior Court judge last spring. Serrano said as attorney general, he may not have appealed that ruling.

But Moran said the decision on whether to appeal would be up to the client – the legislature – with the attorney general simply advising on the legal merits and potential impacts of the case.

Nick Brown noted that current Attorney General Bob Ferguson did appeal the decision, promptly.

“Literally, less than two hours later, that decision was stayed in a very thorough opinion by the Supreme Court commissioner,” Brown said. “And I feel pretty confident that our Supreme Court will also uphold the law that was passed by the legislature.”

That case is not expected to come before the Washington Supreme Court until this winter. Voters in the November election will determine which roles Pete Serrano and Nick Brown play in the courtroom that day.