OLYMPIA, Wash. — A Cowlitz County judge ruled Washington state's high-capacity magazine ban unconstitutional Monday.
This comes after Washington state Attorney General Bob Ferguson filed a lawsuit against a gun store in Kelso in September 2023 for selling the magazines after the ban went into effect.
The 2022 law bans the sale, import, manufacturing and distribution of ammunition magazines that hold more than 10 rounds.
In response to the lawsuit, Gator's Custom Guns challenged the constitutionality of the law.
In a statement, Ferguson called the ruling "incorrect" and said he would continue to defend 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 wrote in the statement.
After the Monday ruling, the Attorney General's Office filed an emergency stay that was approved by the Washington State Supreme Court.
The stay order was granted for multiple reasons, including the "debatable nature" of issues raised in the case and public safety issues. The law will need to be reviewed again before it is thrown out.
Any purchase of the illegal magazines will still be a violation of the law until further review.
Grays Harbor Republican Rep. Jim Walsh said the ruling was "a win for constitutional rights and all of us," noting the issue still needs to be resolved in court.
Other lawsuits have been filed regarding this legislation. In December 2022, Ferguson also filed a lawsuit against a gun store in Federal Way for selling high-capacity magazines after the ban went into effect months before. As a result, the store was ordered to pay $3 million for the illegal sale.
This is a developing story. Check back for updates.
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