High-capacity magazine ban remains in Washington amid legal battle

Judge rules in favor of high-capacity magazine sales ban

A judge in Yakima ruled in favor of a bill that AG Bob Ferguson passed.

The Washington Supreme Court has kept the state's limit on ammunition magazines to 10 rounds in place as the legal battle continues with a firearms retailer who challenged the ban.

Supreme Court Commissioner Michael Johnston extended an earlier order on Thursday, which sustains the high-capacity magazine ban that a lower court had deemed unconstitutional on the same day. This decision maintains the current law but does not settle the ongoing lawsuit on the state's magazine restrictions.

Gator’s Custom Guns and its owner, Walter Wentz, in Kelso, Washington, are contesting the ban, which became law in July 2022. Despite the prohibition, Attorney General Bob Ferguson alleges that Gator’s continued to sell the high-capacity magazines, prompting an enforcement action by his office.

With the case's potential move to the appeals court, the attorney general has instead requested the Supreme Court review on Tuesday, a decision on which is still pending.

Johnston, retaining the ban's status quo, noted the state's inability to conclusively show that the law's suspension would decrease gun violence. He highlighted the increases in the seriousness of mass shootings and their rising occurrence, which he argued points to the need for the law.

Notwithstanding Judge Gary Bashor of the Cowlitz County Superior Court's ruling on April 8, which stated that the ban contradicted the Second Amendment and Washington's constitution regarding the right to bear arms for self-defense, Johnston underscored the need for protections approved by lawmakers.

Judge Bashor had questioned the ban's validity considering Supreme Court precedents, especially following the 2022 "Bruen" decision, emphasizing historical consistency in firearm regulation.

While the Supreme Court waits to decide if it will take the case, Johnston rationalized his position by saying that gun owners can still purchase 10-round magazines during the legal proceedings.

Following Bashor's verdict, there was a brief gap before the suspension was reinstated, during which Gator’s Custom Guns experienced a surge in customers, with the shop reportedly selling magazines to about 250 buyers. Johnston's most recent order prevents the enforcement block from Bashor's decision, thereby halting the sale of magazines capable of holding more than 10 rounds.

Challenges against ammunition magazine capacity restrictions are also unfolding in states like California and Oregon, signifying a broader clash on gun regulations across the country.