Second Amendment group may sue over Washington state high-capacity magazine sale ban

The Bellevue-based Second Amendment Foundation (SAF) is gearing up to fight Washington state’s impending ban on the sale of high-capacity firearm magazines.

Senate Bill 5078 prohibits the sale of gun magazines with a capacity of more than 10 rounds, along with the manufacturing, distribution or import of such magazines in the state.

On Friday night, the bill – which passed the Senate on Feb. 9 – passed the House by a 55-42 vote. SB 5078 will now move to Gov. Jay Inslee’s desk. Inslee has previously said he would sign it. The bill would go into effect July 1.

“If there is a lawsuit, the Second Amendment Foundation will probably be in on it,” said Dave Workman, senior editor of TheGunMag.com, SAF’s print and online publication.

The gun rights organization is taking something of a wait-and-see approach in light of a similar California law that could eventually be decide by the U.S. Supreme Court.

A federal appeals court last year upheld California’s ban on large-capacity magazines. On Nov. 30, in an en banc decision, the U.S. 9th Circuit Court of Appeals ruled 7-4 that a state law that limits the size of magazines does not interfere with the right to self-defense.

California’s large-capacity magazine ban, approved by voters in 2016, limits possession to magazines that hold 10 or fewer rounds of ammunition. A district judge and a divided three-judge 9th Circuit panel struck down the law prior to it being revived by the whole 9th Circuit.

This latest ruling is expected to be appealed to the Supreme Court, which will decide whether or not to take the case.

If the nation’s highest court takes the case, Workman said that means high-capacity magazine restrictions across the nation will likely be put on hold pending a decision.

He predicted that if the court takes the case, it will rule against the California law because magazines – ammunition feeding devices – are a critical component of a firearm.

Firearms enthusiasts in the Evergreen State are not happy with the coming ban on the sale of high-capacity magazines, Workman said.

“Gun owners in Washington state are – ‘curious’ would be a good word,” he said, adding they are also “alarmed.”

According to Workman, that’s because “the prevailing wisdom is that law-abiding gun owners are being penalized for criminal activity they didn’t commit.”

He pointed out that most defensive firearms use magazines that hold anywhere from 12 to 15 rounds.

Workman made some more predictions about Washington’s looming ban on the sale of high-capacity magazines, namely that crime statistics will show the SB 5078 “had no effect at all on violent crime.”

The longtime gun journalist forecast SB 5078 proponents would then use the law’s ineffectiveness to call for a complete prohibition on all high-capacity magazines.

“Gun prohibitionists like to camouflage their intentions, but they’re really about gun control,” Workman said. “They want to eliminate private ownership of firearms.”

SB 5078 was requested by Attorney General Bob Ferguson.

“Today is the fulfillment of years of hard work from so many,” Ferguson said in a Friday press release following the House’s passage of the bill. “More than five years ago, I stood with the parents of shooting victims, legislators, mayors, police chiefs and representatives from faith communities to say enough is enough, and proposed banning the sale of high-capacity magazines in Washington state. Today, our Legislature chose public safety over the gun lobby, and I am deeply appreciative of their service. This policy will save lives and make our communities safer from gun violence.”

Democrats, who dominate both chambers of the state Legislature, may end up paying a political price for supporting SB 5078, Workman indicated, because in-state gun owners also promise to be active in the November midterm election.

Workman speculated that at least one chamber of the state legislature could switch to Republican control.

“That would be a sea change,” he said.