WA Supreme Court Upholds Ban on Large-Capacity Magazines for Firearms

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Gun rights group files challenge against Washington's recently-passed large-capacity magazine ban – KIRO 7 News Seattle

In Washington v. Gator’s Custom Guns the WA Supreme Court upheld Washington state’s ban on selling or manufacturing large-capacity magazines. The majority concluded that large-capacity magazines are not “arms” within the scope of the state or federal constitutional right to bear arms. Moreover, the ability to purchase them is “not necessary to the core right to possess a firearm in self-defense.”

BACKGROUND FACTS

In 2022, the Washington State Legislature enacted ESSB 5078. The legislation prohibits the manufacture, import, distribution, or sale of any “large capacity magazine” (LCM) in Washington. LCMs are defined as “ammunition feeding devices with the capacity capable to accept more than 10 rounds of ammunition.”

Gator’s Custom Guns, a Kelso-based gun store, allegedly continued to sell prohibited LCMs after ESSB 5078 went into effect. In July 2023, the Washington attorney general issued a civil investigative demand. In August, Gator’s filed a petition to set aside the demand as invalid and unenforceable. Gator’s alleged that ESSB 5078 violates the right to bear arms as protected by article I, section 24 of the Washington Constitution. In September, the State separately filed a CPA enforcement action against Gator’s and its owner. Gator’s answer raised the unconstitutionality of ESSB 5078 under both constitutions as an affirmative defense. The Cowlitz County Superior Court ordered the two cases consolidated. After some legal wrangling, the WA Supreme Court granted direct review to decide the case.

COURT’S ANALYSIS & CONCLUSIONS

Washington Supreme Court justices ruled 7-2 that the new state law doesn’t violate Americans’ right to bear arms because “large capacity magazines are not ‘arms.’”

“We conclude that LCMs are not protected by article I, section 24 because (1) LCMs are not instruments designed as weapons, (2) LCMs are not traditionally or commonly used for self-defense, and (3) the right to purchase LCMs is not among the ancillary rights necessary to the realization of the core right to bear arms in self-defense.” ~WA Supreme Court

The Court reasoned that first, LCMs are not weapons—they are attachments to weapons, or accessories. Further, it is not factually accurate to say that LCMs are “integral components” of firearms. Thus, LCMs are not required for a firearm to function. Moreover, LCM’s are not necessary for self-defense. Here, the Court mentioned it was presented with no credible and persuasive evidence or argument that LCMs are commonly used for such a purpose.

The WA Supreme Court further reasoned that the right to purchase LCMs was not an ancillary right necessary to the realization of the core right to possess a firearm in self-defense:

“In contrast, without an LCM, a semiautomatic firearm is still capable of firing (up to 10 rounds, if it is equipped with a magazine falling outside ESSB 5078’s restriction, or 1 round at a time, if it is equipped with none at all) until the operator must simply reload to continue operating the firearm as desired. This fulfills the firearm’s purpose as a tool for realizing the core right of self-defense.” ~WA Supreme Court

For the aforementioned reasons, the WA Supreme Court found that ESSB 5078 complies with the constitutional safeguards of the Second Amendment as well as article I, section 24 of the Washington Constitution.

Please contact my office if you, a friend or family member are charged with a Firearm Offense or any other crime. Hiring an effective and competent defense attorney is the first and best step toward justice.