Washington Supreme Court Blocks Judge’s Ruling That High-Capacity Mag Ban Is Unconstitutional

A judge in Washington state has ruled that the state’s ban on high-capacity magazines is unconstitutional, though an emergency order from the state Supreme Court keeps the law on the books for now until the appeals process plays out.

Cowlitz County Superior Court Judge Gary Bashor issued an immediate injunction on April 8, ordering Washington state authorities to immediately stop enforcing the state’s ban on mags holding over 10 rounds.

However, Washington state Attorney General Bob Ferguson immediately filed an emergency appeal later that same day, which was granted by Michael Johnston, the Washington State Supreme Court commissioner, keeping the ban temporarily in effect.

“Within hours of a Cowlitz County judge ruling against Washington’s ban on the sale of high capacity magazines, I sought and received an emergency stay from the state Supreme Court keeping this public safety law in effect,” Mr. Ferguson said in a statement. “I will go to court to fight for this law, which is constitutional and essential to addressing mass shootings.”

The Supreme Court commissioner noted in the order that a court clerk has been directed to issue a briefing schedule and set a date for oral argument on Mr. Ferguson’s emergency motion for a stay.

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Mr. Ferguson, who is running for the post of Washington state governor, vowed to enforce any high-capacity magazine bans or prohibitions of the sale of “military-style assault weapons.”

His opponent in the gubernatorial race, former sheriff and Republican congressional representative Dave Reichert, said Washington state has become a “haven for crime” and pledged to protect Second Amendment rights.

Judge Bashor’s short-lived overturning of Washington’s high-capacity mag ban was met with strong reactions by gun rights advocates.

“The text of the Second Amendment is NOT: ’the right of the people to keep and bear arms that are actually fired lawfully during a self-defense incident shall not be infringed.‘ Rather, the relevant text of the Second Amendment is: ’the right of the people to keep and bear arms shall not be infringed,’” the group added.

The law bans manufacturing, importing, distributing, selling, or offering for sale magazines that can hold more than ten rounds of ammunition.

Several gun rights groups mounted a legal challenge to the high-capacity magazine ban, including SAF.

“The State of Washington has criminalized one of the most common and important means by which its citizens can exercise their fundamental right of self-defense,” the groups wrote in the complaint.

The gun-rights groups asked for the ban to be overturned.

“We’re asking the court to declare Washington’s ban on original capacity magazines to be unconstitutional under the Second and Fourteenth amendments,” SAF founder and Executive Vice President Alan Gottlieb said at the time.

“We want an injunction against the state because this ban criminalizes something that is common in a majority of states, and also leaves law-abiding Washington citizens more vulnerable to attack by ruthless criminals,” he added.

Mr. Gottlieb also challenged the definition of a high-capacity magazine as one that holds ten rounds of ammo or more.

“Many of the most popular handguns and modern semiautomatic rifles come standard with magazines that hold more than ten rounds,” Gottlieb said, adding that “there is no reliable proof that restrictions on new manufacturing or sales of such magazines will reduce violent crime.”

He added that he believes SB 5078 “unfairly and arbitrarily penalizes honest citizens for crimes they didn’t commit, in the hopes of preventing crimes they wouldn’t dream of committing.”

Biden Pushes Gun Control

President Joe Biden and Democrats have positioned gun control as a major issue ahead of the 2024 elections.

During his State of the Union address on March 7, 2024, President Biden reiterated his call for Congress to enact stricter gun control measures, including banning high-capacity magazines and “assault” rifles.

“I’m proud we beat the NRA when I signed the most significant gun safety law in nearly 30 years!” President Biden shouted during his speech. “Now we must beat the NRA again!”

“I’m demanding a ban on assault weapons and high-capacity magazines!” he continued. “Pass universal background checks!’

“None of this violates the Second Amendment or vilifies responsible gun owners,” he claimed.

President Biden’s push for greater gun control is staunchly opposed by gun rights groups, who argue that such laws will punish law-abiding citizens and make them less safe by restricting their access to firearms and accessories that could give them an edge in self-defense situations, while criminals will ignore any such laws and anyway get their hands on such gear.