In a surprising twist in the ongoing debate over gun control, a Cowlitz County judge has struck down Washington state's ban on the sale of high-capacity magazines as unconstitutional. This decision temporarily opens the door for gun shops, like Kelso-based Gator's Custom Guns, to continue sales of such ammunition. Attorney General Bob Ferguson didn't waste any time to quickly assure the public that he planned to aggressively fight back. "Today's decision is incorrect and we will immediately file a motion asking the State Supreme Court to keep this public safety law in effect," said Ferguson, as stated in a release reported by the Attorney General's Office.
Ferguson, not one to back down, is seeking an emergency motion to the State Supreme Court to temporarily halt the judge's ruling. His move hinges upon the assertion that Washington's law is in line with other court decisions and critical for the safety of the community, claiming, "This law saves lives, and I will continue to defend it." The now-contested law prohibits the sale, manufacture, and distribution of magazines capable of holding more than 10 rounds but does not go as so far to prohibit ownership of those already in possession.
According to the same statement from the Attorney General's Office, Gator's Custom Guns is accused of selling over eleven thousand high-capacity magazines after the ban took effect, an action which Ferguson claims is an intentional violation of the Consumer Protection Act. In defending against the lawsuit, Gator's Custom Guns challenged the constitutionality of the magazine ban.
The ruling against the Washington law bucks a national trend, where courts typically have upheld similar restrictions on high-capacity magazines. It's highlighted that "every other court that has considered a challenge to a law restricting high-capacity magazines around the country under the Second Amendment and article I, section 24 of the Washington Constitution has either rejected that challenge, or been overruled." Moreover, in cases where federal district courts ruled against such laws, those rulings were stayed by higher courts, as articulated by the Attorney General's statement.
Ferguson has been at the forefront of this battle, not only lodging the present suit against Gator's Custom Guns but also successfully resolving two other cases against businesses that sold high-capacity magazines in violation of the law. He appears steadfast in his commitment to uphold what he views as common-sense gun safety laws, and the recent court decision seems to merely have set a stage for a high-stakes legal showdown in Washington state.
