On Monday, a judge from Cowlitz County Superior Court delivered a ruling stating that the state’s prohibition on the sale of “high-capacity” magazines is unconstitutional.
Attorney General Bob Ferguson criticized the decision to grant the injunction as “incorrect” and expressed his office’s intention to challenge the ruling by filing an emergency motion with the Washington State Supreme Court.
The Washington State Supreme Court has confirmed its decision to grant a stay on the state’s motion, shortly after it was filed by Ferguson.
If the stay had not been granted, firearms dealers in the state would have regained the ability to sell high-capacity magazines while the case was being processed in the courts.
According to documents from the Supreme Court, the clerk of the court has been instructed to issue a briefing schedule and set a date for oral argument on the emergency motion for a stay.
In 2022, Democratic lawmakers in Washington successfully passed a ban on magazines capable of holding more than 10 rounds.
The AGO took legal action against Gator’s Custom Guns in Kelso in September due to the dealer’s ongoing sale of banned magazines. In their defense, the attorneys representing Gator’s argued that the ban on these magazines was unconstitutional.
According to Attorney General Bob Ferguson, every court in Washington and the rest of the United States that has examined the issue of banning high-capacity magazines under the U.S. or Washington Constitution has either dismissed the challenge or had it overturned. In a statement, Ferguson emphasized the constitutionality of the law and its importance in combating mass shootings. He firmly believes that the law saves lives and is committed to defending it.
In a Twitter video on Monday, President Bill Kirk of the Washington Gun Law expressed his satisfaction with the injunction, referring to it as “good news.” Although he urged viewers to take advantage of the opportunity to shop at local independent firearms dealers during the injunction, a spokesperson for the AGO clarified via email that this call to action was no longer applicable due to the stay being granted.