Gun rights group files challenge against Washington’s recently-passed large-capacity magazine ban

BELLEVUE, Wash. — On what is National Gun Violence Awareness Day, a gun rights group is challenging Washington’s ban on large-capacity magazines for rifles and pistols.

The federal lawsuit against Washington state Attorney General Bob Ferguson and several other officials was filed by the Second Amendment Foundation on Friday.

“We’re asking the court to declare Washington’s ban on original capacity magazines to be unconstitutional under the Second and 14th amendments,” said SAF founder and executive vice President Alan M. Gottlieb. “We want an injunction against the state because this ban criminalizes something that is common in a majority of states, and also leaves law-abiding Washington citizens more vulnerable to attack by ruthless criminals.”

Ferguson addressed the lawsuit at a gun violence awareness rally on Friday, saying the law was carefully crafted with legislators and believes it will hold up in court.

“We’ve beaten them in court over, and over, and over again,” Ferguson said. “Courts around the country have upheld similar bans on the sale of high capacity magazines.”

Washington’s law will take effect July 1 and ban magazines that hold more than 10 rounds. The state will join nine other states with some form of ban on high-capacity magazine sales. Ferguson’s office previously shared information on why limiting magazines saves lives, citing many mass shooting incidents interrupted when the shooter paused to reload.

But the lawsuit says the ban infringes on the rights of individuals to purchase the magazines and on the ability of people to defend themselves.

“Criminals don’t obey laws, they’re not going to obey this either. It only jeopardizes law-abiding people’s right to self-defense,” Gottlieb said.

Also named in the lawsuit are Washington State Patrol Chief John R. Batiste, King County Sheriff Patti Cole-Tindall, Kitsap County Sheriff John Gese, Grays Harbor County Sheriff Rick Scott, King County Prosecutor Dan Satterberg, Kitsap County Prosecutor Chad M. Enright and Grays Harbor County Prosecutor Katie Svoboda.

Legislation for the state ban on ammunition magazines that can hold more than 10 cartridges was signed by Gov. Jay Inslee in March and will take effect on July 1.

SAF said such magazines are considered to be standard capacity magazines by firearms manufacturers.

“Many of the most popular handguns and modern semiautomatic rifles come standard with magazines that hold more than 10 rounds,” Gottlieb said. “Such firearms are legally owned by Washington residents. As we note in the lawsuit, there is no reliable proof that restrictions on new manufacturing or sales of such magazines will reduce violent crime. This law unfairly and arbitrarily penalizes honest citizens for crimes they didn’t commit, in the hopes of preventing crimes they wouldn’t dream of committing.”

The Firearms Policy Coalition Inc., a California-based group; Rainier Arms LLC and citizen Gabriella Sullivan joined SAF in the lawsuit.

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