GUNS/RLTD Judge Finds Washington State ‘High Capacity’ Magazine Ban Unconstitutional

Intestinal Fortitude

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Judge Finds Washington State 'High Capacity' Mag Ban Unconstitutional

Cowlitz County Superior Court Judge Gary Bashor found Washington state's "high capacity" magazine ban violated both the U.S. Constitution.
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Judge Finds Washington State ‘High Capacity’ Magazine Ban Unconstitutional​


Cowlitz County Superior Court Judge Gary Bashor on Monday found Washington state’s “high capacity” magazine ban violated both the U.S. Constitution and the state’s own constitution.

The Associated Press noted Bashor reached his decision by weighing the ban in light of the Supreme Court of the United States’ Bruen (2022) decision.

On July 14, 2022, less than a month after the Bruen decision was handed down, Breitbart News reported that the decision did not bode well for 21st century gun controls because it requires such controls to withstand being tested via a search for historicity in the American experience.

The Washington Times pointed to Justice Clarence Thomas’ majority opinion in Bruen, in which he noted the importance of the decision, which built upon McDonald v. Chicago (2010) and District of Columbia v. Heller (2008).

Thomas wrote, “The test courts must apply is whether a firearms restriction would have seemed reasonable to the founding generation that drafted and ratified the Second Amendment. If not, the law must give way to the Constitution.”

The Seattle Times pointed out that Bashor pointed to Bruen in his decision, writing, “The State must provide some history of regulation in line with the requirements of Bruen, The state has failed to do so.”

He issued an immediate injunction against enforcement of the “high capacity” magazine ban on Monday, blocking enforcement of the law.

However, Washington state Attorney General Bob Ferguson immediately appealed Bashor’s decision to the state supreme court and an emergency stay was issued, allowing the ban to be enforced while an appeal plays out.
 
Grumphau

Grumphau

Veteran Member
Yes it is unconditional*. Unfortunately I also heard that the state supreme court stayed the injunction 88 minutes after it was put in place.

*Unconstitutional. Sorry, brain.
 
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Ractivist

Ractivist

Pride comes before the fall.....Pride month ended.
Communists never quit, they use the law fare to its fullest. They never take no as an answer unless that's what they are looking for.

Historically, we know communists kill their citizens and disarm them. Now we have communists in government trying to take our weapons.... and we should ignore this big picture of history. No, tea party's are warranted.
 
K

KFhunter

Veteran Member
This injunction by Cowlitz county judge lasted all of 88 minutes -the shortest injunction in Washington history- before Washington Supreme Court stayed the injunction.


If you live in the commie state of WA you had 88 minutes to buy a so called “high cap” magazine.

The lawsuit is now dead, back to zero
 
rhughe13

rhughe13

Heart of Dixie
It's not unconstitutional, until the communists have tortured Americans first, then it gets kicked back by the supreme court. Too little too late in most cases. The only way to prevent this is initial communists takeover, is by blood of patriots and tyrants.
 
desert_fox

desert_fox

Threadkiller
What is fascinating about this gun grab is how the state of Washington went around the 2nd (and their own State Constitution) by using commerce laws and pricing out the availability of guns and gun parts (sure, you can have that magazine, only costs you $7,500).
 
Hacker

Hacker

Computer Hacking Pirate
This is Mark Smith's take on the speed at which the decision was reversed.


R/T: 16:44
 
Dennis Olson

Dennis Olson

Chief Curmudgeon
_______________
Ainit has harangued me for years to move to eastern Washington. I tell her it’s out of the question because of the communists running that state, whereupon she says, “they don’t control the eastern part of the state. We do what we want.”

You betcha.
 
Creedmoor

Creedmoor

Tempus Fugit
Dennis Olson said:
Ainit has harangued me for years to move to eastern Washington. I tell her it’s out of the question because of the communists running that state, whereupon she says, “they don’t control the eastern part of the state. We do what we want.”

You betcha.
Click to expand...
Yeah, I live in eastern WA. That isn’t how it works. No FFL‘s or retail entities here are willing to buck the state laws. Oddly enough, what precipitated the initial decision was a move by my favorite gunsmith/dealer in Cowlitz County - lived there for many years. The proprietor of Gator’s Custom Guns in Kelso, WA. kept bins full of standard capacity (30 rnds.) AR mags for sale, in the middle aisle of his shop. From the day the ban went into effect till now! He was making a statement and giving Fergustain a very public FU and daring the state to do something. Thing was, if the state went after him, they had to do it in Cowlitz County. Wally (Gator) knew this and knows many of the local judges and knows how conservative Cowlitz County really is. Wally is my hero.IMG_0777.jpegIMG_0777.jpeg
 
K

KFhunter

Veteran Member
If there was a stiff westerly, and I were 6 again, I could just about pee on Idaho

There are some advantages being behind enemy lines

No income tax
More property for the $$ than Idaho
Conservative reps and Sheriff’s and deputies

Y’all know the disadvantages but they’re largely blunted by the above advantages
 
BornFree

BornFree

Came This Far
As always. Infiltrating the highest courts has sure paid off for communists who seek to destroy America.
 
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