(The Center Square) – The Washington Supreme Court on Thursday upheld the state’s ban on the sale and import of high-capacity magazines, ruling the state can regulate magazines without violating either federal or state constitutional protections of the right to bear arms.
High-capacity magazines – those holding more than 10 rounds of ammunition – have remained illegal to purchase in Washington since the Legislature passed a ban that took effect in 2022. The law prohibits the manufacture, import, distribution or sale of such magazines within the state.
A lower court ruled the ban unconstitutional, but a judge issued an immediate stay, putting the ruling on hold while the state Supreme Court considered the matter.
On Jan. 14, the state Supreme Court heard arguments in the high-profile case that may ultimately be decided by the U.S. Supreme Court.
Representing the majority in a 7-2 decision, Justice Charles Johnson wrote that “the ban does not violate either the Washington or United States constitutional protection of the right to bear arms because large capacity magazines are not ‘arms’ within the meaning of either constitutional provision.”
He reasoned that “there are no firearms that require an LCM [large capacity magazines] to function. Without the right to purchase LCMs, an individual may still own, possess, operate, repair, and maintain proficiency with firearms, as LCMs are not an ‘integral component’ of firearms.”
Justice Sheryl McCloud was one of the two dissenting opinions.
“The Second Amendment doesn’t protect the right of the State to choose the best arm for self-defense,” she wrote, “it protects the right of the individual to make that choice.”
Silent Majority Foundation General Counsel Pete Serrano expressed disappointment with the decision. SMF represents Gator’s Custom Guns in Kelso, the gun store challenging the ban.
“Obviously, we had hoped that we’d have a different result at the lower court, but we also knew that if we had to, that we would petition for review from the U.S. Supreme Court, and it looks like we might be headed that way,” Serrano told The Center Square on Thursday.
“It’s very clear that the majority hinges on the fact that they believe that large capacity magazines are not integral to the firearm and thus not protected under the Second Amendment or the Washington State Constitution,” he continued. “And I think that positions us in a place where we can seek clarity from the U.S. Supreme Court, possibly.”
As previously reported by The Center Square, Gator’s Custom Guns refused to comply with the high-capacity magazine ban and was slapped with a civil investigative demand from the Office of the Washington State Attorney General. The AGO later filed suit against Gator’s Custom Guns.
In April 2024, a Cowlitz County Superior Court judge ruled that the ban was unconstitutional, but then-Attorney General Bob Ferguson – now governor – announced that the state Supreme Court agreed to stay the ruling, keeping the ban in place.
Walter Wentz, owner of Gator’s Custom Guns, told The Center Square at the time he was prepared for the fight to go all the way to the U.S. Supreme Court.
Serrano said it will likely be well into 2026 before the nation’s highest court can hear the case.
“I think the ship has sailed for this year, as I think they’re already setting the 2026 docket,” he said. “I will say this: There have been a lot of so-called large capacity magazine cases out of federal districts and then appellate courts that have been kind of put on the back burner. I think maybe the Supreme Court’s interested in taking the same question from a state Supreme Court, so maybe that’s where we end up.”
Serrano said he and his client are in this for the long haul.
“We’re going to keep fighting for justice,” he said. “We’re going to keep fighting for the right thing.”
