On Thursday, the Washington Supreme Court affirmed the state’s prohibition on the sale of ammunition magazines that hold more than 10 rounds, despite challenges from local gun retailers. Gator’s Custom Guns, a Kelso-based shop, argued that the law infringes upon the Second Amendment rights guaranteed by the U.S. Constitution. However, in a decisive 7-2 ruling, the justices disagreed.
The law, enacted in 2022, faced scrutiny from the gun shop, which contended that the ban violates the state constitution’s protection of “the right of the individual citizen to bear arms in defense of himself, or the state.” The case was seen as a potential test of a landmark 2022 U.S. Supreme Court ruling that altered the standard for evaluating the constitutionality of gun regulations.
The Washington Supreme Court concluded that high-capacity magazines are not classified as “arms” but rather as components of firearms that are not typically used for self-defense. This perspective aligned with the arguments presented by state attorneys during the court proceedings in January.
“By restricting only magazines with a capacity greater than 10, the statute effectively regulates the maximum capacity of magazines while leaving the weapon fully operational for its intended use,” wrote Justice Charles Johnson in the opinion. “It is clear that individuals can still exercise their fundamental right to bear arms even when limited to purchasing magazines with a capacity of 10 rounds or fewer.”
Dissenting opinions came from Justices Sheryl Gordon McCloud and G. Helen Whitener. Attorneys for Gator’s Custom Guns, including former Republican attorney general candidate Pete Serrano, argued that the popularity of high-capacity magazines demonstrated their common use among law-abiding citizens for legitimate purposes, which should be protected under the Second Amendment.
In her dissent, Justice McCloud echoed this sentiment, noting that millions have opted for semiautomatic firearms equipped with high-capacity magazines as essential tools for lawful activities. “It follows that the Second Amendment protects the arms-bearing conduct at issue here,” she stated.
Attorney General Nick Brown expressed support for the majority ruling, claiming it is “correct on the law and will save lives.” He pointed out that large-capacity magazines are often involved in mass shootings, emphasizing the importance of reducing such tragedies.
Serrano commented on the ruling, stating it was anticipated but welcomed the dissent from two justices. He announced plans for Gator’s Guns to seek direct review by the U.S. Supreme Court, asserting, “We’re ready to take this to the next level. We believe the Second Amendment analysis in this ruling will attract attention from the U.S. Supreme Court.”
Governor Bob Ferguson, who oversaw the case during his tenure as attorney general, characterized the ban as a “common-sense” measure crucial for addressing mass shootings.
The case returns to Cowlitz County Superior Court to determine whether Gator’s violated state law by not complying with the prohibition. Washington’s ban on high-capacity magazines has been in effect for about two and a half years and places the state among at least 14 others with similar restrictions. These laws have faced numerous legal challenges as courts navigate the implications of the U.S. Supreme Court decision in New York State Rifle & Pistol Association v. Bruen, which mandates that state firearm laws align with the nation’s historical context of gun regulation.
Additionally, this year, Washington lawmakers passed another contentious gun control measure requiring firearm buyers to obtain a state permit prior to purchase, a move that faced uniform opposition from Republicans concerned about its constitutionality under the Bruen ruling.
