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Yahoo
09-05-2025
- Politics
- Yahoo
State supreme court upholds ban on high-capacity gun magazines
May 8—The Washington state Supreme Court has upheld a state law that bans the sale or transfer of gun ammunition magazines that hold more than 10 rounds. In a 7-2 ruling issued Thursday, the court found that the law does not violate the state or federal constitutional right to bear arms. The court found that the magazines are not classified as arms, and that the right to purchase the magazines is not "an ancillary right necessary to the realization of the core right to possess a firearm in self-defense." The law does not prohibit the possession of high-capacity magazines possessed at the time of its passage, but instead prevents the sale, transfer or import of new magazines. "By restricting only magazines of a capacity greater than 10, the statute effectively regulates the maximum capacity of magazines, leaving the weapon fully functional for its intended purpose. Thus, we are not convinced that the restriction here renders the right to bear arms in self-defense meaningless," Justice Charles Johnson wrote in the opinion. "Indeed, we can safely say that individuals are still able to exercise the core right to bear arms when they are limited to purchasing magazines with a capacity of 10 or fewer." In a dissent, Gordon McCloud wrote that "Millions of law-abiding people have chosen semiautomatic firearms as the primary tool for lawful purposes such as self-defense in the home." "Millions of people have chosen to feed ammunition into those commonly used firearms with magazines capable of holding more than 10 rounds," McCloud wrote. "It necessarily follows that the Second Amendment protects the arms-bearing conduct at issue here, that is, keeping and bearing operable semiautomatic firearms with commonly used magazines for self-defense and other lawful purposes — including in the home." Adopted by the Washington legislature in 2022, the law was challenged by Gator's Custom Guns, a Kelso-based gun store that contended the law was unconstitutional. A Cowlitz County Superior Court judge ruled in the store's favor last June, a ruling that then-Attorney General Bob Ferguson appealed to the state Supreme Court. In a social media post Thursday, current Attorney General Nick Brown said the decision is "right on the law and will save lives." "Large capacity magazines are used in the overwhelming majority of mass shootings, and reducing the toll of these senseless killings is vitally important," Brown wrote. "I'm proud of my Office's work defending our state law banning the sale of these dangerous items." In a video posted Thursday afternoon, attorney and former Washington Attorney General Candidate Pete Serrano, who represented Gator's guns in the case, said they would likely file an appeal to the U.S. Supreme Court. "I think this case has the tentacles the Supreme Court's been looking for," Serrano said.
Yahoo
08-05-2025
- Politics
- Yahoo
Top Washington state court upholds ban on high-capacity gun magazines
The Washington state Supreme Court upheld the state's ban on high-capacity magazine guns in a Thursday ruling, overturning a lower court order that labeled it unconstitutional. The 7-2 decision affirmed the constitutionality of a 3-year-old state law that prevents the sale, manufacture and import of ammunition magazines that hold more than 10 rounds 'This regulation does not limit the number of bullets or magazines that may be purchased or possessed. By restricting only magazines of a capacity greater than 10, the statute effectively regulates the maximum capacity of magazines, leaving the weapon fully functional for its intended purpose,' Justice Charles Johnson wrote in the majority's opinion about the ban. 'Thus, we are not convinced that the restriction here renders the right to bear arms in self defense meaningless,' he continued. Gator's Custom Guns Inc., a Washington for-profit corporation, and Walter Wentz initiated the lawsuit against the state law, arguing the ban violated citizens' Second Amendment rights. Justices Sheryl Gordon McCloud and G. Helen Whitener dissented Thursday in defense of the plaintiffs' dispute, alleging a magazine is not an optional accessory for a repeating firearm. 'It is a defining characteristic of a repeating firearm. As Gator's Custom Guns explains, 'Without a magazine inserted, a semiautomatic weapon will not function properly' and is 'essentially a single shot breech loader' like an old-fashioned musket,' McCloud wrote in the dissent. 'And because the magazine functions as an ammunition feeding device, it is not just a passive receptacle for storing ammunition like a cartridge box.' McCloud, in the dissent, added that the Second Amendment does not just protect 'arms' but also 'arms-bearing conduct.' Washington Attorney General Nick Brown lauded the court's decision Thursday, citing the threat of violent events. 'Today's decision is right on the law and will save lives,' Brown said in a prepared statement according to The Seattle Times. 'Large capacity magazines are used in the overwhelming majority of mass shootings, and reducing the toll of these senseless killings is vitally important.' Thirteen other states outlaw high-capacity magazines. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
The Hill
08-05-2025
- Politics
- The Hill
Top Washington state court upholds ban on high-capacity gun magazines
The Washington State Supreme Court upheld the state's ban on high-capacity magazine guns in a Thursday ruling, overturning a lower court order that labeled it unconstitutional. The 7-2 decision affirmed the constitutionality of a three-year old state law that prevents the sale, manufacture and import of ammunition magazines that hold more than 10 rounds 'This regulation does not limit the number of bullets or magazines that may be purchased or possessed. By restricting only magazines of a capacity greater than 10, the statute effectively regulates the maximum capacity of magazines, leaving the weapon fully functional for its intended purpose,' Justice Charles Johnson wrote in the majority's opinion about the ban. 'Thus, we are not convinced that the restriction here renders the right to bear arms in self defense meaningless,' he continued. Gator's Custom Guns Inc., a Washington for-profit corporation and Walter Wentz initiated the lawsuit against the state law, arguing that the ban violated citizens' Second Amendment rights. Justices Sheryl Gordon McCloud and G. Helen Whitener dissented on Thursday in defense of the plaintiffs' dispute, alleging a magazine is not an optional accessory for a repeating firearm. 'It is a defining characteristic of a repeating firearm. As Gator's Custom Guns explains, 'Without a magazine inserted, a semiautomatic weapon will not function properly' and is 'essentially a single shot breech loader' like an old-fashioned musket,' Justice McCloud wrote in the dissent. 'And because the magazine functions as an ammunition feeding device, it is not just a passive receptacle for storing ammunition like a cartridge box.' McCloud, in the dissent, added that the Second Amendment does not just protect 'arms' but also 'arms-bearing conduct.' Washington Attorney General Nick Brown lauded the court's decision on Thursday, citing the threat of violent events. 'Today's decision is right on the law and will save lives,' Brown said in a prepared statement according to the Seattle Times. 'Large capacity magazines are used in the overwhelming majority of mass shootings, and reducing the toll of these senseless killings is vitally important.' Thirteen other states currently outlaw high capacity magazines.
