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A Washington state judge declared the state’s prohibition on high-capacity ammunition magazines unconstitutional, sparking immediate appeal actions that keep the law in force for the present, as reported by The Seattle Times and cited by the Associated Press. Cowlitz County Superior Court Judge Gary Bashor’s ruling on Monday challenged the 2022 law, which bans magazines holding more than 10 rounds, on grounds of violating both the U.S. and Washington state constitutions. However, the law remains active following an emergency appeal by Attorney General Bob Ferguson, upheld by the state Supreme Court.

This legal battle revolves around the compatibility of the ban with constitutional rights and historical standards of firearm regulation. Judge Bashor’s decision referenced the Supreme Court’s 2022 Bruen ruling, which adjusted the criteria for evaluating firearm restriction challenges, emphasizing adherence to the nation’s historical tradition rather than contemporary public safety concerns.

Despite Ferguson’s defense of the ban, citing a tradition of firearm regulation and the contemporary issue of gun violence and mass shootings, Bashor was unconvinced. He highlighted a lack of historical precedent for such a regulation dating back to the Second Amendment’s inception, suggesting the founders anticipated technological advancements in firearms without an intention to limit gun rights.

The ruling has ignited controversy, with Ferguson labeling it as incorrect and pointing to other jurisdictions that have upheld similar bans as constitutional. Meanwhile, the law’s enforcement pause, sought by Ferguson to prevent the influx of high-capacity magazines into Washington, underscores the tension between gun control efforts and constitutional rights debates.

As is nearly always the case in these rulings, it will be awhile before the dust settles and any true outcome achieved. Meanwhile, gun owners need to keep following the courts to ensure they are in compliance with the law or at least conscientiously objecting to it so their breaking the law is an informed decision such as in an estimated 90 percent-plus AR-owning Illinois residents who refused to register their guns under current law in that state.

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21 COMMENTS

  1. I have that same Colt, same color Magpul furniture and everything. But why is the rear sight up??

  2. No doubt this will be reversed on appeal, probably in the court of appeal, but certainly by the Washington Supreme Court. By the time that process reaches its end, perhaps one of the pending mag ban cases will have been decided by SCOTUS–that is if the federal courts likely to uphold such bans stop their intentional delaying actions on issuing opinions.

  3. The window lasted 88 minutes. Democrats move pretty darn fast when their sacred cows are threatened.

    • Kinda depends on the next election, or any given election at this point. NY, CA, NJ, IL etc. may not be as far away as they appear.

  4. Whats baffling to me- that the state supreme court agreed that an unconstitutional law should remain in effect.

    • AQ, the ruling is no surprise. Washington State Supreme Court is owned by the Dims and the state employee unions.

    • Washington gun law, the YT channel, did a decent video on the topic. Basically the judge that struck down the ban really did his home work and had like a 80 something page decision that dismantled the states original arguments for a mag ban. But the problem is that WA courts are stacked with far left judges that rubber stamp anything the far left AG want’s.

  5. A State Supreme Court Commissioner stayed the order less than 1-1/2 hours after it was issued. I’m in eastern Washington and this state SUCKS ASS.

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