Status of Washington State’s Magazine Ban

BY Herschel Smith
1 month, 2 weeks ago

Source.

A ruling expected this week in a court case involving Gators Custom Guns in Kelso could mean a chance for Washingtonians to purchase high-capacity magazines, at least for a little while.

On March 11, Cowlitz County Judge Gary said he would issue a written ruling within two weeks in the ongoing case involving the state suing Gators Custom Guns in September, alleging the establishment offered to sell high-capacity magazines 11,408 times since July 2022, when it became illegal under state law to manufacture, distribute, sell or offer for sale gun magazines that hold more than 10 round of ammunition.

The lawsuit asserts the retailer intentionally violated the Consumer Protection Act when it continued to sell high-capacity magazines to the public.

“We are well beyond that time period [two weeks], and obviously, the judge is being very meticulous because it needs to be perfected for appeal as whichever side does not prevail is clearly going to appeal this,” Washington gun law attorney Bill Kirk told The Center Square Wednesday.

Kirk has posted continual updates on the case on his YouTube page.

“I do anticipate a ruling sometime this week, and what would be best for law-abiding gun owners is a ruling sometime Friday, late morning or early afternoon,” he said.

Kirk went to explain why such a ruling might be idea for gun rights supporters.

“Obviously the Attorney General’s Office will stampede this down to Olympia as fast as possible and try to get it in front of the state Supreme Court and ask for a stay of the injunction, lifting the ban, but the soonest they could get that would be Monday with the court maybe hearing it by Wednesday,” he said. “That would allow citizens of Washington state and FFL’s (federal firearms license) dealers who have really been creamed by a lot of this legislation over the last few years, to lawfully sell and purchase high-capacity magazines if the law is enjoined on a statewide level.”

Kirk added, “If the judge issues a statewide injunction effective immediately, that basically puts the law on a big fat pause; it’s as if the laws don’t exist and they cannot be enforced.”

That means the sale, purchase, and importation of magazines above 10 rounds would be completely legal because those laws are no longer in effect, according to Kirk.

The Center Square reached out to Gator Guns in Kelso today for comment on the pending court ruling, but a manager declined to comment other than to say the business would issue a statement on its Facebook page when a ruling comes down and confirmed they may be adjusting store hours to accommodate a potential flurry of activity if the ban on high-capacity magazines is temporarily lifted.

Kirk said if the ban is lifted, he expects the state Supreme Court will grant an emergency stay while the case is appealed, but that still leaves the narrow purchase window open.

“When people can lawfully purchase these magazines, and that window maybe 24, 48, or 72 hours long,” he said.

Big box stores like Cabela’s won’t sell high-capacity magazines during the potential window of a ban being lifted, Kirk said, because doing so would require the approval of its national headquarters.

“I do know other FFLs that have inventory and are preparing for this, but it’s really up to the individual stores to make that call,” he said. “Everybody needs to be ready to go in case it happens.”

Um, you Washingtonians do realize that you can go right next door to Idaho and get all you want, right? Or most garage mechanics can stamp out a magazine in minutes.

For those reasons and more, these laws are so stupid it’s difficult to understand why they even try.


Comments

  1. On April 5, 2024 at 7:05 am, Joe Blow said:

    I find this section of the gun debate absolutely maddening.
    Our side really needs to grow a pair…

    “The right to keep and bear arms…. shall not be infringed”

    By restricting me from purchasing an accessory based on an arbitrary distinction about the capacity, you are infringing on my right to keep and bear arms. 10rd mag no different than a 50 round mag, it’s just a mag, and any restriction on it is an infringement. LOOK UP THE DEFINITION OF THE WORD:

    https://www.thefreedictionary.com/infringement
    in·fringe·ment (ĭn-frĭnj′mənt)
    n.
    1. A violation, as of a law, regulation, or agreement.
    2. An encroachment, as of a right or privilege: copyright infringement. See Synonyms at breach.

    Restricting anything is an encroachment of a right or privilege as specifically spelled out in the text of the 2nd Amendment. Period. Dot. Learn Fucking English!

    WHY IS THIS EVEN A DEBATE??!?!

    THE TEXT IS VERY PLAIN.
    MAGAZINE CAPACITY RESTRICTIONS ARE UNCONSTITUTIONAL!

    We are being dragged into a side-debate where we lose every friggin time because we accept the idea of “Reasonable Restrictions” instead of arguing that yes, this is a restriction, and therefore unconstitutional! Reasonable or not, the text of the amendment is crystal clear! Government shall make no restrictions at all!

    Honestly, I hate people for being so stupid it makes me nuts.
    Don’t engage the debate, kick it to the curb with the Constitution. You are weakening your own position by 1000 cuts by entering into the debate. There is no debate. The 2nd Amendment outlaws the government from making any restrictions at all on anything you do with arms. READ THE DAMNED TEXT THAT WAS WRITTEN!!!!

    Gawd stupid people piss me off so much….

  2. On April 5, 2024 at 8:23 pm, X said:

    All they have to do is pass a law making it a felony to POSSESS a 10+ mag, like they did n NY… then it doesn’t matter if you can buy one in another state because you’re a felon the moment you cross state lines with it.

  3. On April 6, 2024 at 2:26 am, Dan said:

    The purpose of magazine laws is the same as the purpose behind ALL gun control laws.
    It’s NOT to affect crime or improve safety. It’s turn HONEST citizens into criminals and
    increase the amount of control the criminals infesting political office have.

  4. On April 6, 2024 at 8:10 am, The Wayfarer said:

    Those Clinton mags are good for concealment with some high cappers in the mag pouch.
    In the wintertime the extended mags are a go even though open carry is legal here.
    The glorious peoples republic of CommieradO has the ban and other CPUSA (D) occupied territories.
    This you should know if you are going out that way behind enemy lines, ten round Slick Willie mags only.

  5. On April 6, 2024 at 7:30 pm, Kevin said:

    I have bought maybe 50 guns from Gators. I know this guy very well and what I will tell you is that he has the stones like not many people I know. He told Fuck Jay Inslee and Fuck Bob Fergeson that he he will not be ruled by tyrants. He was/is willing to risk his his entire fortune to send the message that he is a free man. I can admire him for putting up a real fight instead of just talking a bunch of nonsense about “muh” guns for when the boogaloo comes. He is the kind of guy that this nation needs more of.

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This article is filed under the category(s) Firearms,Guns and was published April 4th, 2024 by Herschel Smith.

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