A Washington judge ruled Monday that the state’s ban on large-capacity magazines is unconstitutional, but an emergency order from the state Supreme Court will keep the law in place for now.
Cowlitz County Superior Court Judge Gary Bashor ruled that the Washington State Legislature’s 2022 ban on the sale of magazines with more than 10 rounds violates both the state constitution and the U.S. Constitution. seattle times report.
Democratic lawmakers have banned the sale of magazines that hold more than 10 rounds in 2022. A Cowlitz County judge ruled Monday that the ban violates both the state and U.S. constitutions. (George Fry/Getty Images/File)
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“The Founders had no desire to restrict gun rights. They may not have envisioned the specific technology that is available today, but they did have expectations for technological advances.” Bashoor wrote. “As a result, there are few, if any, historical analogues by which states can justify modern firearms regulations.”
He issued an injunction, which would have stopped the state from enforcing the ban and allowed stores to resume selling large-capacity magazines. But the Washington state attorney general immediately appealed to the state Supreme Court, calling Bashour’s decision “unreasonable” and arguing that the law is “essential to addressing mass shootings in our communities.”
“This law saves lives, and I will continue to defend it,” Attorney General Bob Ferguson, who is currently running for governor, said in a statement Monday.
Minutes later, the chief justice of the Washington State Supreme Court granted an emergency stay, keeping the ban on hold while the state appeals Bashour’s decision.
Washington State Attorney General Bob Ferguson went after several gun stores for allegedly continuing to sell high-capacity magazines even after the ban went into effect in 2022. The Kelso-based company argued the law was unconstitutional. (AP Photo/Elaine Thompson/File)
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Monday’s ruling came after Mr. Ferguson sued Gator’s Guns in Kelso, Wash., alleging the store continued to sell large-capacity magazines after the ban went into effect. In its defense, Gators Guns challenged the constitutionality of the law.
Bashour pointed to the U.S. Supreme Court’s Bruen decision, where the majority held that gun laws must be consistent with this country’s historical tradition of firearms regulation. Washington failed to cite legislation contemporaneous with the adoption of the Second Amendment in support of the ban, Bashour wrote.
Alan Gottlieb, founder of the Bellevue-based Second Amendment Foundation (SAF), told Fox News, “Attorney General Ferguson stopped short when he went after gun stores for not following unconstitutional gun regulations.” It appears he shot himself and committed suicide,” he said in a statement. .
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The SAF is not involved in the high-capacity magazine incident, but is suing Washington over another law banning so-called assault weapons. SAF Executive Director Adam Kraut said in a statement that the foundation was “disappointed” that the High Court so quickly stayed Bashour’s order.
“While courts are often quick to intervene to protect the government, they often do not provide the same speed in reviewing the constitutionality of challenged laws,” Kraut said. “Washingtonians continue to be deprived of their constitutional rights while this lawsuit progresses.”
In 2022, the Washington State Legislature banned magazines that hold more than 10 rounds. The following year, the government banned the sale of all “assault weapons” (primarily semi-automatic rifles) in an effort to curb mass shootings. (Patrick T. Fallon/AFP via Getty Images/File)
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At Ferguson’s request, Democratic lawmakers voted to ban the magazine in 2022. Since then, his office has targeted multiple companies accused of illegally selling high-capacity magazines.
Earlier this year, a gun store and its owner in Federal Way, Washington state agreed to pay $3 million after Ferguson sued for violating the law.
