Judge: Washington’s High-Capacity Magazine Ban Is Unconstitutional

A Cowlitz County judge ruled on Monday that Washington state’s high-capacity magazine ban is unconstitutional. This ruling follows a lawsuit filed by Washington state Attorney General Bob Ferguson against a gun store in Kelso in September 2023 for selling the magazines after the ban came into effect.

The 2022 law prohibits the sale, import, manufacturing, and distribution of ammunition magazines that hold more than 10 rounds. Gator’s Custom Guns, in response to the lawsuit, challenged the constitutionality of the law.

Ferguson disagreed with the ruling, stating that it was “incorrect” and vowed to continue defending the law. He pointed out that previous challenges to similar bans have been rejected by courts.

Following the ruling, the Attorney General’s Office filed an emergency stay, which was approved by the Washington State Supreme Court. The stay order was granted due to several reasons, including the “debatable nature” of the issues raised in the case and concerns for public safety. Therefore, the law remains in effect pending further review.

It’s important to note that purchasing these illegal magazines still constitutes a violation of the law until the matter is resolved.

Grays Harbor Republican Rep. Jim Walsh hailed the ruling as “a win for constitutional rights,” emphasizing that the issue still requires resolution in court.

This isn’t the only legal challenge the legislation has faced. In December 2022, Ferguson filed a lawsuit against a gun store in Federal Way for selling high-capacity magazines after the ban took effect. The store was subsequently ordered to pay $3 million for the illegal sales.