U.S.A. –-(AmmoLand.com)- In 2021, the Washington State legislature passed a ban on future sales or manufacturing of magazines, or other feeding devices which hold over 10 rounds. It does not include .22 rimfire tubular magazines. From the law:
(36)”Large capacity magazine” means an ammunition feeding device with the capacity to accept more than 10 rounds of ammunition, or any conversion kit, part, or combination of parts, from which such a device can be assembled if those parts are in possession of or under the control of the same person, but shall not be construed to include any of the following:
The Washington State magazine ban is being challenged in the courts. One of the prime movers in the case is the Second Amendment Foundation.
The trial judge for the Federal District Court has scheduled an eight day bench trial to start on December 4, 2023.
As mentioned in a previous article on AmmoLand, the magazine ban has been a strategy used by those pushing for a disarmed society since Bill Ruger brought forward the idea in 1989.
Ruger, the company, paid a heavy price as millions of irate Second Amendment supporters shunned their products. The company actively changed its stance on the issue. Ruger products have since been accepted by most Second Amendment supporters, especially after Bill Ruger died.
A few states have passed magazine bans.
Some appeals circuits have upheld them under the discredited “two step” procedure used by lower courts as a work around to the Heller decision.
On June 22, 2022, the Supreme Court, in the Bruen decision, decisively chided the lower courts for relegating the Second Amendment to second class status.
A few days later, the Supreme Court granted writs of certiorari to four cases, vacated the rulings on those cases, and sent them back to the lower courts to be reheard, taking the clear guidance of Bruen into account.
Two of those cases were magazine bans.
The message is clear: magazine bans are a direct infringement on the right to keep and bear arms as protected by the Second Amendment.
One of those cases was returned to the Ninth Circuit, where it is being heard by Judge Roger T. Benitez in California.
Washington State is in the Ninth Circuit.
There is a good possibility the ban will be found to be unconstitutional in the Ninth Circuit before the trial on the Washington state ban begins on December 4th, 2023. If that occurs, the Washington state trial would almost certainly be rendered moot.
Judge Benitez already issued an opinion showing the magazine ban to be unconstitutional. It seems unlikely there will be any substantial new evidence to change that opinion. Judge Benitez, in his previous opinion, already showed the ban was unconstitutional under the Heller decision.
The Bruen decision simply restated and amplified the Heller decision. It eliminated the “two-step” method the lower courts had devised. The Bruen decision clarified and emphasized the requirement for US governments to prove statutes that infringe on Second Amendment protected rights are consistent with the historical tradition of firearms regulation. If no historical tradition can be shown by the government, the law is prohibited by the Second Amendment.
The historical tradition has to date from the time of ratification of the Second Amendment, in 1791, or the Fourteenth Amendment, in 1868.
No such historical tradition has been found. Repeaters with a magazine capacity of over 20 rounds (the Girandoni air rifle used on the Lewis and Clark expedition) existed and were well known before 1791. Repeating rifles with magazines holding 15 rounds were used during the Civil War. They were popular and sold without government restraint to US citizens in 1868.
The next few months will tell us if the Ninth Circuit is willing to comply with the instruction of the Supreme Court, or if they will devise some other scheme to avoid treating the Second Amendment with as much respect as the First Amendment.
About Dean Weingarten:
Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of Constitutional Carry was attained. He has degrees in meteorology and mining engineering, and retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.
i can save them much time and money, unconstitutional.
What a joke , 22s with tubular mags that hold 17 rounds exempt but a 10-22 with a changeable mag that holds 15 rounds banned. This shows the logic of liberals . There is NONE . You can’t fix stupid ! LMFAO
I sure hope there’s enough people in OR that opened their eyes. Kate Brown surely deserves a much different residence than plain old retirement.
I would also strongly support a change in Brown’s wardrobe. I think she would look absolutely stunning in a new bright orange onesie, especially when viewed through those vertical grey feature windows in her new residence.
One “incident” that would warrent these changes is her role in the demise of Mr. LaVoy Finicum,
Hilarious and hopefully true.
By setting an “eight day bench trial” on this matter, the District Court is signaling that it wishes to somehow try to handle this case under the two-step analysis that the Supreme Court rejected in Bruen. You don’t need an 8 day trial to establish whether there is an historical precedent in place at the time of the founding of the nation for limitations in magazine size. In fact, such an academic question is more aptly handled in a summary judgment process where both sides present affidavits and citations to the historical record for their positions. This judge seems to… Read more »
Yes, I think that you are right. Good insights.
I’d suspect the judge want to allow state time to present all their arguments so that he reduces grounds for appeal. Of course if he rules correctly, state will appeal regardless. As with many other current cases I expect it to go to appeals court, then enbanc, and appeal to SCOTUS. Each of these steps take time, even just waiting for SCOTUS to deny cert will take longer than the entire process should. Hopefully judge will provide restraining order to prevent state from enforcing the law until all appeals are complete. That would in effect terminate the law immediately –… Read more »
The way I understand the way the law is written, all previously bought standard capacity mags were grandfathered in so that you could keep them and use them as long as the magazines were yours before the law went into effect. So, IMO the law is not enforceable unless the mags have a bought by date on them, and I don’t think they do.
If memory serves aright, this case is in the Tacoma Federal Court, the judge’s name was familiar and was not encouraging. However, he must be subject to anything out of the Ninth, with Judge Benitez who has a good track record in our favour. Washington courts have a long history of kicking cans down the road, buying more time, denying our rights at every turn. Our SUpreme COurt in this state is utterly corrupt. Every election four or so judges run for reelection unopposed. Its as if it were a good ol boyzengurls club playing usical chairs, but there are… Read more »
We are just ignoring you to keep you running in circles. See WB? I KNEW your idea would work! (People, THIS IS A JOKE!)
So that is what is going on. I have not gotten any in several days.
And speaking of running in circles, we all are getting ready for winter. With so many things to do and local turkey shoots and other little tournaments coming up, I have been busier than a one legged … how does the rest of that saying go?
Or the one eyed man at the strip joint.
The criminals will have and use them, law abiding citizens will be at a disadvantage.
Magazines? The Girandoni Rifle, which Lewis and Clark used, had a large capacity magazine considering this was during the 19th century.
Uhhhh.. eighteenth century. That rifle was in existence, though VERY dear, during our fight to kick George Three and his twisted minions off this continent. So it was around wen the Declaration was signed, and when that pesky Second Article of Ammendment was drafted and ratified. Can’t get much further back than that and still be an American Tradition.
Overcoming the logic of the Benitez decision is going to be a tall order. It is one of the best crafted, logic based decisions to come out of a federal court in a long time. Magazine capacity limits and features bans are toast. The Progressive New Left needs to refocus its public policy philosophy from material objects to the reality of evil. Crime is the result of human intent and not physical objects. Unfortunately their philosophy is based upon a toxic mix of Marxism and magical thinking and does not address the reality of Original Sin.As such, Progressive New Left… Read more »
Unfortunately, there’s never a shortage of people who keep pushing their agenda regardless of unconstitutionality. AG Ferguson here in WA ST is the one responsible for the high cap. mag ban knowing full well that it ultimately won’t stand. Hochel in NY is the same. They want what they want because they want it, so they’re entitled to it. Until there are personal consequences, both financial and incarceration, it’ll never change. As long as their protection and defense are at taxpayer expense, we’ll never see the end.
I will say it until I am blue in the face, the 2nd amendment is treated as if it is not a right like the others. We are charged fees to carry concealed and taxed to protect our hearing. Can you hear the screaming is you had to pay a fee to vote, to speak, to ask for a just trial? Or taxed in order to remain silent? This needs to be addressed and all monies returned.
Delaware has also passed an unconstitutional magazine ban along with other unconstitutional actions. We don’t get as much attention as larger states, but our courts can move quicker.
If you want to know how and why were being screwed so badly by these scummy politicians. Do some research on the original 13 amendment.
you will be shocked and enlightened at the same time!
Because following morally & fiscally bankrupt Commiefornia’s unconstitutional laws has worked so well.
Men don’t naturally have a Cervix no matter how much anybody says otherwise. Anything else is unnatural & a deception.