Washington Supreme Court upholds ban on sale of high-capacity magazines
PORTLAND, Ore. (KOIN) — The Supreme Court of Washington has upheld the state ban against high-capacity magazine sales after Gator’s Custom Guns attempted to reverse it.
Washington Supreme Court denied the Kelso gun shop’s motion to lift the restriction on Monday.
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The issue dates back to July 2022, when the state’s ban against selling, importing, manufacturing and distributing ammunition magazines with more than 10 rounds first went into effect.
Later in September 2023, Washington Attorney General Bob Ferguson sued Gator’s Custom Guns and owner Walter Wentz — alleging he intentionally violated the Consumer Protection Act by continuing to sell the prohibited ammo.
The Attorney General’s Office claimed the Kelso business sold five high-capacity magazines to investigators on two separate occasions. In total, officials said the shop offered more than 11,000 products that were outlawed under the ban, making it one of Washington’s “largest and most persistent purchasers of high-capacity magazines from out-of-state distributors.”
The business said it had no comment on the pending litigation.
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On Apr. 8, a Cowlitz County Superior Judge Gary Bashor ruled the ban was unconstitutional and determined officials should not enforce the law. When Ferguson’s office filed an emergency motion to halt the ruling, Washington Supreme Court Commissioner Michael Johnston granted the temporary stay the same day.
Johnston further backed his decision on Apr. 25, when he determined state officials would uphold the stay until the case is resolved.
Court documents show that a majority of Washington Supreme Court justices agreed to strike down Gator’s Custom Guns’ most recent attempt to reverse the ban.
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“[Gator’s Custom Guns] contends that imposing the stay imposes irreparable injury on the constitutional rights of Washington residents by preventing them from purchasing constitutionally protected large capacity ammunition magazines,” Chief Justice Steven Gonzalez wrote. “As the constitutionality of ESSB 5078 has not yet been determined, this injury is speculative.”
Sheryl Gordon McCloud was the only justice with a dissenting opinion on the ruling, while Justice Susan Owens was not present for the conference.
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