High-capacity magazines sold briefly

RITZVILLE — Sen. Mark Schoesler is following a gun case in Western Washington closely.

On Monday, April 8, Cowlitz County Superior Court Judge Gary Bashor ruled that the 2022 state law banning high-capacity magazines is unconstitutional.

“As you might guess, Attorney General Bob Ferguson did not take this news well,” Schoesler, R-Ritzville, said in an email.

The case involves Gator Custom Guns in Kelso, which was sued by the state in an effort to stop the business from selling magazines capable of holding more than 10 rounds of ammunition.

The lawsuit alleged the business violated the state law by offered 11,408 high-capacity magazines for sale. Gator Custom Gun’s response was to challenge the law’s constitutionality.

Ferguson called the decision “incorrect” and immediately filed a motion to prevent Bashor’s ruling from opening the door to high-capacity magazine sales, but not before the business sold several to customers.

The same day, an unelected Supreme Court commissioner, Michael Johnston, issued a stay to halt the sale.

“We pushed about 250 people through for magazines in the 2ish hours we had,” the business posted on its social media. “The state, for when it benefits them, finds a way to be efficient.”

“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 said in a press release in response.” This law is constitutional... This law saves lives, and I will continue to defend it.”

According to Schoesler, the stay means the ban on high-capacity magazines will now remain in effect until the case is heard by the state Supreme Court.

“I expect this case to wind up before the U.S. Supreme Court,” said Schoesler, whose district includes southern Spokane County, including Cheney and Medical Lake.