KIRO NEWSRADIO

State commissioner to decide on high-capacity magazine ban

Apr 17, 2024, 7:06 PM | Updated: Apr 18, 2024, 7:28 am

Photo: In this Dec. 27, 2012, file photo, a variety of military-style semi-automatic rifles obtaine...

In this Dec. 27, 2012, file photo, a variety of military-style semi-automatic rifles obtained during a buy back program are displayed at Los Angeles police headquarters. (File photo: Damian Dovarganes, AP)

(File photo: Damian Dovarganes, AP)

Washington State Supreme Court Commissioner Michael Johnston held a hearing Wednesday afternoon on whether the state’s high-capacity magazine ban should remain or be lifted while the full court considers the matter.

Washington passed its ban on high-capacity magazines, those holding more than 10 rounds, in 2022. The approval of SB 5078 made it a gross misdemeanor to manufacture, distribute or sell magazines with more than 10 rounds, violating the Washington Consumer Protection Act.

A local gun shop owner sued and last week, Cowlitz County Superior Court Judge Gary Bashor ruled the ban is unconstitutional.

Past coverage: Judge rules Washington’s ban on high-capacity magazines is unconstitutional

Bashor argued that for Washington to have specific firearm regulations that aren’t consistent with the rest of the country, the state must have historical legislation adopted around the time the Second Amendment was created.

Attorney General Bob Ferguson called Bashor’s ruling “incorrect.” While Johnston granted it.

“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 response to the ruling. “This law is constitutional.”

The state is appealing Bashor’s ruling to Washington’s highest court and the ban remains in place. Now Johnston will decide whether the ban remains in place until the full court decides.

“Those magazines are part of the firearm, and you just can’t go around banning guns like that,” Dave Workman with the 2nd Amendment Foundation said.

But supporters of the ban see things differently.

“Even if a good number of the community would not do any harm with those magazines, a very small population would cause a very large degree of harm and destruction,” Zach Pekelis with the Alliance for Gun Responsibility said.

Related coverage: Gun store in Federal Way faces $3M fine for selling high-capacity mags

Johnston said he plans to decide sometime next week, but he seemed to signal which way he is leaning.

“I don’t buy this idea that you need to have an AR-15 or glock or something with 15, or 30 or whatever rounds. I don’t find that persuasive,” Johnston said.

Contributing: Frank Sumrall, MyNorthwest

You can read more of James Lynch’s stories here. Follow James on X, formerly known as Twitter, or email him here.

KIRO Newsradio

Photo: Prosecutors announced last week charges against two teens for the murder of Mingyuan Huang i...

James Lynch

2 Tukwila teens charged with Costco parking lot murder

Prosecutors announced last week charges against two teens for the murder of Mingyuan Huang in a Tukwila parking lot back in January.

10 hours ago

Photo: This Wednesday, Sept. 6, 2023, satellite image shows Hurricane Lee, right, off in the centra...

Ted Buehner

El Niño’s exit paves way for hurricane-force winds in Western Washington

The National Hurricane Center and NOAA recently released this season's hurricane outlook that begins on June 1.

12 hours ago

Photo: Seattle Public Library...

Heather Bosch, KIRO Newsradio and Julia Dallas, MyNorthwest

Hackers target Seattle Public Library system

As the Seattle Public Library was preparing to go offline for maintenance, it became aware of what it stated was a "ransomware event."

13 hours ago

Photo: SPD responds to a shooting amid staffing shortages....

Matt Markovich

Seattle Police Department faces staffing shortages causing slower response times

Despite a very public push to recruit new officers, staffing challenges and response times have changed very little within SPD.

13 hours ago

Photo: The High Steel Bridge in Mason County, Washington, can be seen from a distance. (Photo court...

Julia Dallas

19-year-old survives nearly 400 foot fall in Mason County

A 19-year-old walked away with only minor injuries after falling about 400 feet near High Steel Bridge in Mason County.

2 days ago

Photo: Bend of a running track....

Julia Dallas

John and Jake: Where’s the line when it comes to transgender children competing in sports?

Elizabeth Wilson's middle-school daughter took second place in the invitation-only Junior Olympic race for the 1600, but Wilson believes the first-place winner had an unfair advantage.

2 days ago

State commissioner to decide on high-capacity magazine ban