The ban went into effect in July of 2022, after which any sale of a firearm magazine with a capacity of more than 10 rounds was prohibited. The legislation made Washington the 10th state in the U.S. to pass laws barring high-capacity magazine sales. Shortly after the law was enacted, local firearm retailer Gator’s Guns took legal action seeking a declaration from the Cowitz County Superior Court that ESSB 5078, the law enshrining the magazine ban, violated the state’s constitution, as well as the U.S. Constitution. Subsequently, Washington State Attorney General Bob Ferguson filed a lawsuit against Gator’s Guns, arguing that the store “unlawfully offered 11,408 high-capacity magazines for sale to the public” after the law was enacted. On April 8, Judge Gary Bashor ruled that Washington’s high-capacity magazine ban violated both the state and federal constitutions. “The United States Constitution and the Bill of Rights exist to define the outer limits of what legislatures and courts are allowed to do,” he wrote in a 55-page decision. “Amending the Constitution and Bill of Rights cannot be done simply by enacting a law, or by a pronouncement from a court. To move beyond the defined limits requires the Constitution to be amended,” Bashor added. “Amending the documents is intended to be difficult to assure transitory governments or societal mores cannot easily overstep the constitutional limitations.” Bashor explained that the state had not met its burden under two landmark cases decided by the U.S. Supreme Court, Heller and Bruen, adding, “There was no appetite to limit gun rights by the Founders. Though the specific technology available today may not have been envisioned, the Founders expected technological advancements. The result is few, if any, historical analogue laws by which a state can justify a modern firearms regulation.” Ferguson responded, blasting Bashor’s decision as “incorrect,” while advising that his office would be filing an emergency motion with the Washington Supreme Court to halt the ruling. “Today’s decision is incorrect and we will immediately file a motion asking the State Supreme Court to keep this public safety law in effect,” Ferguson said in a statement. “Every court in Washington and across the country to consider challenges to a ban on the sale of high-capacity magazines under the U.S. or Washington Constitution has either rejected that challenge or been overruled,” he added. “This law is constitutional. It is also essential to addressing mass shootings in our communities. This law saves lives, and I will continue to defend it.” Shortly after the court decision, the state supreme court issued an emergency order staying Bashor’s ruling, keeping the ban in place while the state moves forward in the appeals process.A Cowitz County judge has ruled that Washington State’s high-capacity magazine ban is unconstitutional.
