SEATTLE — The Washington state Supreme Court upheld the state’s ban on large-capacity magazines on Thursday, affirming that the state can regulate magazines without infringing on the constitutional right to bear arms.
The decision overturns a lower court ruling that had declared the ban unconstitutional.
PREVIOUSLY | Judge rules Washington’s ban on high-capacity magazines unconstitutional
High-capacity magazines, defined as those holding more than 10 bullets, have remained illegal to buy or sell in Washington while the state Supreme Court considered the issue.
The Legislature passed the ban in 2022, allowing for the continued possession of high-capacity magazines already owned but prohibiting their sale or purchase in the state.
Justice Charles Johnson, writing for the majority in a 7-2 decision, stated, “The ban does not violate either the Washington or United States constitutional protection of the right to bear arms because large capacity magazines (LCMs) are not ‘arms’ within the meaning of either constitutional provision.” He added, “The ability to purchase LCMs is not necessary to the core right to possess a firearm in self-defense.”
Johnson explained that high-capacity magazines are not weapons and are not traditionally or commonly used for self-defense, thus not falling under the right to bear arms.
He contrasted this with a ban on ammunition, which would likely violate the right to bear arms as it would “render the firearm a paperweight.” He noted, “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 Gordon McCloud dissented, arguing that the law should be invalidated. Gordon McCloud wrote, “Millions of law-abiding Americans have chosen to use semi-automatic weapons and high-capacity magazines for self-defense so it necessarily follows that the Second Amendment protects the arms-bearing conduct at issue here.” She emphasized that the Second Amendment protects conduct — bearing arms — “not just inanimate objects like firearms or magazines.”
The state defended the law by arguing that high-capacity magazines are “disproportionately used — and disproportionately deadly — in mass shootings and other horrific crimes, whereas they have little if any use in self-defense.”
Attorney General Nick Brown said, “Today’s decision is right on the law and will save lives. Large capacity magazines are used in the overwhelming majority of mass shootings, and reducing the toll of these senseless killings is vitally important.”
The law faced uncertainty last year when a Cowlitz County judge ruled it violated both the U.S. and Washington constitutions.
“It is logically inconceivable that an item that is constitutionally protected to possess could be prohibited from sale to the very people who have the protected right to possess it,” Judge Gary Bashor said.
Gator’s Custom Guns, a Kelso gun shop, challenged the law, arguing that the state “failed to show that the ban on [high-capacity magazines] fits within the historical tradition of firearms regulations.” Lawyers for Gator’s contended that the Legislature approved the ban “without concern” for how it would burden the rights of gun owners. They stated, “The fundamental right to bear arms is not a privilege that can be continuously winnowed by the state.”
At the time of the lower court ruling, former Attorney General Bob Ferguson said the state would be unable to regulate AR-15s, machine guns, or even cluster bombs under the court’s opinion, and stressed that the regulation of military-style weapons does not infringe on individual right to armed self defense.
