The Washington State Supreme Court ruled Thursday to uphold the state’s ban on the sale and import of high-capacity magazines, declaring the restriction does not violate either the U.S. or state constitutions. The controversial 2022 law, which prohibits magazines holding more than 10 rounds, remains in effect as a result of the 7-2 decision.
Justice Charles Johnson, writing for the majority, argued that large-capacity magazines (LCMs) are not “arms” protected by the Second Amendment or Washington’s constitution. “There are no firearms that require an LCM to function,” Johnson wrote. “An individual may still own, possess, operate, repair, and maintain proficiency with firearms.”
Justice Sheryl McCloud dissented, stating that the Second Amendment protects the individual’s right to choose their means of self-defense, not the government’s.
The Silent Majority Foundation, which represents Gator’s Custom Guns—the Kelso-based shop at the center of the case—expressed disappointment. SMF General Counsel Pete Serrano said the ruling hinges on the idea that LCMs are not integral to firearms, which, in his view, sets the stage for a U.S. Supreme Court review.
The original lawsuit stemmed from a challenge filed by Gator’s Custom Guns, which refused to comply with the magazine ban. In April 2024, a Cowlitz County Superior Court judge ruled in favor of the gun store, calling the ban unconstitutional. But that decision was stayed by the state Supreme Court at the request of then-Attorney General Bob Ferguson—now governor—keeping the law in place pending further review.
Serrano confirmed that his team intends to petition the U.S. Supreme Court. While it may be too late for inclusion in the current docket, he believes the justices may favor taking a case directly from a state supreme court, especially given the growing number of similar cases in lower federal courts.
With high-capacity magazine bans under increasing legal scrutiny nationwide, the Washington case could serve as a key test if taken up by the nation’s highest court. For now, however, the state’s restrictions remain fully enforced.
