Following the lower court’s decision, Attorney General Bob Ferguson swiftly lodged an emergency appeal with the state Supreme Court, aiming to uphold the legislation. Cowlitz County Superior Court Judge Gary Bashor declared Washington’s prohibition on high-capacity magazines unconstitutional on Monday. Bashor’s ruling included an instant injunction halting the enforcement of the ban on magazines containing more than 10 rounds, according to The Seattle Times. However, mere moments after the verdict, the Washington Supreme Court issued a directive to maintain the existing law, which has been operative since 2022, while the state pursues an appeal against the judgment.
Washington State Supreme Court Issues Emergency Stay on High-Capacity Magazine Ban
During Monday’s ruling, Bashor emphasized a 2022 decision by the US Supreme Court, Bruen, which states that gun regulations must align with the nation’s historical tradition of firearm regulation. He stated, “The State must provide some historical context of regulation consistent with the requirements of Bruen.”
Pointing out the state’s failure to do so, Bashor added, “The Founders did not intend to limit gun rights. Although they couldn’t foresee today’s specific technology, they anticipated technological advancements.”
He argued that in order to justify the current ban, the state must demonstrate a historical law from around the time of the Second Amendment’s adoption. “As a result, there are few, if any, historical laws analogous to modern firearms regulation that a state can cite,” Bashor wrote.
Following the Superior Court’s ruling, Attorney General Bob Ferguson promptly filed an emergency appeal to the state Supreme Court to uphold the law. Consequently, Washington state Supreme Court commissioner Michael Johnston issued an emergency stay on Monday evening, temporarily keeping the law in place.
In justifying the stay, Johnston referred to “the debatable nature of the factual and legal issues raised in this case, and the public safety concerns regarding the proliferation of large capacity magazines.”
Dismissing Bashor’s decision as “incorrect,” Ferguson stated in a prepared statement, “Every court in Washington and across the country that has considered challenges to a ban on the sale of high-capacity magazines under the U.S. or Washington Constitution has either rejected such challenges or been overruled. This law is constitutional.”
