(The Center Square) – A judge in Cowlitz County has just handed a major victory to gun rights supporters in Washington.
This is the case where WA Attorney General Bob Ferguson sued Gators Custom Guns in Kelso back 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 asserted the retailer intentionally violated the Consumer Protection Act when it continued to sell high-capacity magazines to the public.
Today, April 8, in a written ruling, the judge said Washington’s ban on the sale of high-capacity magazines is unconstitutional.
While Ferguson’s office will appeal to the State Supreme Court, there is for now a narrow window open immediately, allowing gun stores to again sell high capacity ammunition.
The Center Square reached out to Gator Guns in Kelso today for comment after seeing seeing this ‘not so subtle’ response to the ruling on their Facebook page, but the employee who answered said they were too busy to comment.
A statement from Ferguson’s office just after the ruling says in part,
“The Attorney General’s Office will file an emergency motion to the State Supreme Court seeking a stay, or halt, to this ruling. If that emergency stay is not granted, firearm dealers will be able to again start offering magazines with the capacity to hold more than 10 rounds of ammunition for sale. These magazines are frequently used in mass shootings. Washington’s law prohibits the sale, manufacture, and distribution of high-capacity magazines, but does not prohibit ownership of those magazines.”
Big box stores like Cabela’s or Bass Pro Shop were not expected to sell high- capacity magazines during the potential window of a ban being lifted because doing so would require the approval of its national headquarters.
This story will be update