Ghost Gun (Unsplash)

Second Amendment Foundation Files Amicus Brief Challenging Washington’s Magazine Ban

Ghost Gun (Unsplash)
Ghost Gun (Unsplash)

The Second Amendment Foundation (SAF) has filed an amicus brief with the Washington State Supreme Court in the case of State of Washington v. Gator’s Custom Guns, Inc., challenging the state’s ban on so-called “large-capacity” magazines and legal action against a firearms retailer. The case is part of a broader legal battle over Washington’s 2022 law prohibiting magazines capable of holding more than ten rounds.

Washington State’s magazine ban, enacted in 2022, restricts the sale and possession of magazines exceeding a ten-round capacity.

SAF argues the law violates Article I, Section 24 of the Washington State Constitution, which guarantees citizens the right to bear arms for self-defense, and the Second Amendment of the U.S. Constitution, which was incorporated to the states via the Fourteenth Amendment in McDonald v. City of Chicago—a landmark SAF victory in 2010.

“This prohibition is in direct conflict with the Second Amendment and the Washington State constitution,” said SAF Executive Vice President Alan M. Gottlieb. “By imposing this ban, the Legislature, Gov. Jay Inslee, and Attorney General Bob Ferguson have penalized Evergreen State citizens to create the false impression they are addressing the state’s violent crime problem. This ban cannot be allowed to stand.”

SAF contends that Washington’s magazine ban is not supported by historical precedents and infringes on constitutional rights. The brief was prepared by attorneys Joel B. Ard of the Ard Law Group in Washington and Edward Andrew Paltzik, Meredith Lloyd, and Serge Krimnus of Bochner PLLC in New York.

“Washington’s assault on standard capacity magazines should be given no quarter,” said SAF Executive Director Adam Kraut. “Our brief demonstrates that there are no historical analogues that the state can point to in order to defend its ban on these magazines.”

This legal challenge is one of several SAF lawsuits across the country targeting similar bans on firearm components. The organization has been at the forefront of Second Amendment litigation, pushing back against laws they argue unconstitutionally restrict the rights of law-abiding gun owners.

The Washington State Supreme Court will consider SAF’s arguments as part of its review of the case. The outcome could have significant implications for gun laws in Washington and potentially set precedent for similar cases across the United States.

SAF reaffirmed its commitment to opposing magazine bans wherever they arise. “We will continue to advance arguments against these unconstitutional bans,” Kraut added.

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