by Jerry Cornfield, Washington State Standard
July 15, 2024
Washington’s ban on the sale of ammunition magazines that hold more than 10 rounds will remain in place, the state Supreme Court ruled Monday.
A majority of justices denied a request to modify an April order by Supreme Court Commissioner Michael Johnston that kept the prohibition intact despite a lower court ruling that found the law was unconstitutional.
Monday’s decision will keep the law in effect until the court hears arguments, possibly this fall, in the state’s appeal of the lower court ruling.
This case stems from a dispute between the state and a firearms retailer – Gator’s Custom Guns in Kelso, along with the business’ owner Walter Wentz. It concerns Senate Bill 5078, legislation crafted by Democrats and passed along party lines in the Legislation. State Attorney General Bob Ferguson, a Democrat, requested the bill.
Gator’s filed a legal challenge against the ban on high-capacity magazines months after it went into effect in July 2022. Ferguson followed up with an enforcement action, alleging the shop had violated state law by continuing to sell the prohibited magazines.
Cowlitz County Superior Court Judge Gary Bashor ruled April 8 that the ban violated the Second Amendment of the U.S. Constitution and part of the Washington Constitution granting individuals a right to bear arms for self-defense.
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Bashor’s ruling blocked state authorities from enforcing the law, clearing the way for sales of high-capacity ammunition magazines to restart.
Roughly 90 minutes after his decision came down, Johnston granted the request of state attorneys for a temporary stay to restore the prohibition. On April 25, Johnston extended the stay through the resolution of the case.
Gator’s asked the state’s high court to lift the stay, a move that could’ve allowed sales of the magazines to resume as the litigation plays out.
Chief Justice Steven Gonzalez, in the three-page order, sided with the Legislature’s conclusion that the ban “would likely save lives and reduce serious injuries.”
“[Gator’s] contends that imposing the stay imposes irreparable injury on the constitutional rights of Washington residents by preventing them from purchasing constitutionally protected large capacity ammunition magazines,” he wrote. “As the constitutionality of [the law] has not yet been determined, this injury is speculative.”
Seven justices supported the ruling. Justice Sheryl Gordon McCloud dissented and Justice Susan Owens did not participate in the court’s discussion at its July 10 conference.
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