The move doesn’t reverse the ruling, rather keeping the status quo while the case is considered
Carleen Johnson
The Center Square Washington
A judge in Cowlitz County briefly handed a victory to gun rights supporters in Washington before the state’s highest court said not so fast.
The Washington Supreme Court on Monday evening issued a temporary hold on Superior Court Judge Gary Bashor’s ruling earlier in the day saying the state’s high-capacity magazine ban was unconstitutional. The move doesn’t reverse the ruling, rather keeping the status quo while the case is considered.
Attorney General Bob Ferguson sued Gator’s Custom Guns in Kelso 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 rounds of ammunition.
The lawsuit asserted the retailer intentionally violated the Consumer Protection Act when it continued to sell high-capacity magazines to the public.
In a written ruling released Monday, the judge said Washington’s ban on the sale of high-capacity magazines is unconstitutional.
“The United States Constitution and the Bill of Rights exist to define the outer limits of what Legislatures and Courts are allowed to do,” Judge Bashor said. “Amending the Constitution and Bill of Rights cannot be done simply by enacting a law, or by a pronouncement from a Court. To move beyond the defined limits requires the Constitution to be amended.”
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 said in part, “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.”
It’s unclear how many gun stores opened Monday to sell high capacity magazines for the short window before the stay was issued by the Supreme Court.
This report was first published by The Center Square Washington.
Also read:
- POLL: Should councilors serving on boards be required to vote the way the full council decides?
A new poll asks whether Clark County councilors serving on boards should be required to vote in line with the full council’s position or retain independent judgment. - Ninth Circuit revives claims against prosecutor who personally swore to warrant affidavit containing alleged false statements
The Ninth Circuit ruled that prosecutorial immunity does not apply when a prosecutor personally swears to alleged false statements used to obtain an arrest warrant. - VIDEO: Washington lawmakers clash over bills directed at limiting ICE officers
A heated House committee hearing on legislation aimed at limiting ICE officers in Washington was temporarily recessed after sharp exchanges between lawmakers over testimony and procedural disputes. - Stung by a court ruling, WA looks to clarify what is an ‘election’
Washington lawmakers are moving to clarify the legal definition of an election after a court overturned a felony conviction for voting in both Washington and Oregon on the same day. - Opinion: Olympia wants a 4-day work week. It won’t work out as the politicians think it will
Mark Harmsworth argues that House Bill 2611’s proposed 32-hour workweek would raise costs, strain small businesses, and undermine Washington’s economic competitiveness. - Republicans celebrate school choice in US Senate hearing, while Dems question fairness
Republicans and Democrats clashed during a U.S. Senate hearing over school choice, with supporters praising expanded options for families and critics warning the policies could deepen inequities in public education. - Opinion: The many reminders not to speed
Doug Dahl examines the many technological and policy-based reminders aimed at reducing speeding and explains why most drivers still choose not to use them voluntarily.
