Judge rules Washington’s ban on high-capacity magazines is unconstitutional

Washington’s ban on high-capacity magazines is unconstitutional, Cowlitz County Superior Court Judge Gary Bashor ruled Monday.

Bashor argued that for Washington to have specific firearm regulations that aren’t consistent with the rest of the country, the state must have historical legislation adopted around the time the Second Amendment was created.

The state must provide some history of regulation in line with the requirements of Bruen,” Bashor wrote in his ruling. “The state failed to do so. There was no appetite to limit gun rights by the Founders. Though the specific technology available today may not have been envisioned, the Founders expected technological advancements. The result is few, if any, historical analogue laws by which a state can justify a modern firearms regulation.”

In 2022, state lawmakers approved SB 5078, which made it a gross misdemeanor to manufacture, distribute, or sell magazines with more than ten rounds, violating the Washington Consumer Protection Act. The bill passed on a 55-42 party-line vote.

More on Washington’s ban on high-capacity magazines: Magazine ban headlines series of victories for state gun safety advocates

Mere minutes later, the state Supreme Court created an emergency order to keep the law in place while the state attempted to appeal the decision. According to The Seattle Times, this emergency order came in response to Bashor’s immediate injunction of the law during his ruling, which would immediately block the state from enforcing the ban.

The emergency order was filed by Attorney General Bob Ferguson, who called Bashor’s ruling “incorrect.” Washington State Supreme Court Commissioner Michael Johnston granted it.

“Every court in Washington and across the country to consider challenges to a ban on the sale of high-capacity magazines under the U.S. or Washington Constitution has either rejected that challenge or been overruled,” Ferguson said in response to the ruling. “This law is constitutional.”

Earlier this year, a Federal Way gun store agreed to pay a $3 million fine for selling high-capacity magazines that could hold more than ten rounds of ammunition.

More on violating the high-capacity magazine ban: Gun store in Federal Way faces $3M fine for selling high-capacity mags

According to The Seattle Times, those in favor of the high-capacity magazine ban argued both gun violence and mass shootings are “an unprecedented societal concern,” but Bashor disagreed.

“The Washington legislature has found that gun violence and mass shootings are on the increase,” Bashor wrote. “The problem, however, is not an unprecedented societal concern.”

Frank Sumrall is a content editor at MyNorthwest. You can read his stories here and you can email him here.