Washington AG Files Lawsuit Against Gun Store for Violation of Magazine Ban

Magpul PMAG Gen3 (Window) 30 Round AR-15 Magazines
Magpul PMAG Gen3 (Window) 30 Round AR-15 Magazines

U.S.A.-(AmmoLand.com)- The Attorney General of Washington State filed a consumer protection lawsuit against Federal Way Discount Guns, claiming the store illegally sold magazines that held more than 10 rounds of ammunition.

It has generally been illegal for anyone to sell magazines that hold more than 10 rounds of ammunition in Washington State, since July 1st of 2022, this year. There are some specific exceptions. The law is being contested in the courts. From the complaint:

Plaintiff State of Washington, by and through its attorneys Robert W. Ferguson, Attorney General, and Ben Carr, John Nelson, and Bob Hyde, Assistant Attorneys General, brings this action against Defendants Federal Way Discount Guns, LLC, and its owner Mohammed Baghai. The State alleges that Defendants engaged in unfair and deceptive acts or practices, as well as unfair methods of competition, in violation of the Consumer Protection Act, RCW 19.86, and RCW 9.41.375. The State alleges the following on information and belief.

When the law was passed, it contained both a straight criminal statute, RCW 9.41.370, and a strange criminal statute that defines the distribution of magazines as an “unfair method of competition” under 9.41.375. This allows a civil suit to be brought to the court. From wa.gov:

RCW 9.41.370

Large capacity magazinesExceptionsPenalty.

(1)
No person in this state may manufacture, import, distribute, sell, or offer for sale any large capacity magazine, except as authorized in this section.

RCW 9.41.375 

Large capacity magazines—Unfair method of competition.

Distributing, selling, offering for sale, or facilitating the sale, distribution, or transfer of a large capacity magazine online is an unfair or deceptive act or practice or unfair method of competition in the conduct of trade or commerce for purposes of the consumer protection act, chapter 19.86 RCW. [2022 c 104 § 4.]

Civil suits are easier to prosecute than criminal cases. In a civil case, the plaintiff only needs to show a “preponderance of the evidence” instead of establishing guilt “beyond a reasonable doubt”. Washington State provides for jury trials on all civil cases except for traffic infractions.

Official prosecutors are unusual in the law. They have been given almost unlimited immunity from lawsuits themselves by an unprecedented legal decision at the Supreme Court in 1976.  In the case of Imbler v. Pachtman, the Progressive Burger Court declared prosecutors could not be sued.

Prosecutors may lie. They may present false evidence. They may withhold exculpatory evidence. But, according to the decision, no lawsuit can be brought against them.

In the recent Bruen decision at the Supreme Court of the United States of America, Magazine bans, which had been ruled to be constitutionally valid, back to the Third Circuit and the Ninth Circuit. The cases were granted certiorari, vacated by the Supreme Court, and remanded to the two circuits to be reheard, considering the restoration of the protection of the right to keep and bear arms under Bruen.

It seems likely magazine bans such as the Washington state ban will be found to be unconstitutional under the protections of the Second Amendment.  Court actions are not certain. Some of the courts seem to be playing delaying games, perhaps in the hope of progressive judges replacing those who say the Constitution has to be understood as it was written when it was ratified.


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.

Dean Weingarten

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Wass

When you consider how the mere presence of state lines, like the line between NJ and Pa, in the matter of magazine bans, can mean the difference between freedom and a felony charge (with mandatory imprisonment), you see how egregious gun laws are.

Straight-Shootr

Idiots in the Peoples Repubelick of Pugetopia elect these morons, but we (Washington State) STILL need to go back to the ‘show up in person and vote’ method…

The anti gunners keep throwing Europe as the model to follow, EXCEPT when it comes to voting…

Most of Europe will NOT allow mail in balloting because of the ease of corruption.

Last edited 1 month ago by Straight-Shootr
Steve

Look, I lived up there in that festering bowel movement of a state from ’92 – 2002, not by choice – that was Uncle Sam’s decision. Before the mail in balloting crap – that place was STILL being run by freaks with Vaginal Yeast infections, Sissy-boys with tree hugging tendencies. So, please, don’t come onto this board and whine about voting. Your spineless resident population has existed for a long long time.

Bigfootbob

I agree with both of you guys. Yes, we have a very feminized male population in Pugetopia or Pugetopolis my term, and I think we are also have the FUGLIEST, women on average, in the entire United States-Megan Rapino-need I list more? The sissy-boy thing is really out of control over there, listen or read the following article, a woman says that she actually feels safer on the public transit/drug vagrant busses and trains when there are more WOMEN on the carriage than MEN!!! https://mynorthwest.com/3724879/seattle-rider-gives-up-mass-transit-homeless-man-feel-less-safe/. (There’s an audio link in the story, you can hear the woman say she thinks… Read more »

Steve

bigfoot – Allowing unfettered immigration from California and Oregon sure as hell doesn’t help. And, along with those pathetic hosers from Canada, well, there ya go.

musicman44mag

Same story about voting and who wins in Oregoneistan ever since mail in ballots became the law. We don’t clear voter rolls here. This year 25,000 more ballots were mailed than there is population in Oregoneistan. Of the 4.26 million people here, only 2.4 or so vote. Of the 2.4 that could vote this year about 1.6 did or so we think or have been told.

It’s obvious that in any state that has mail in ballots, demoncaps win. I wonder what new strain of covid we will have in 2024. Bet it comes from Russia next time.

Tionico

I’d rather it escape from one of OUR biolabs in the Ukraine……

totbs

Not a fair statement to call all of us spineless. You’re grouping the whole bunch of us together with the left. A whole bunch of us have been fighting to reverse the perversity of this leftist state, and the Seattle lefty wingnut groups. We’re severely outnumbered by 4-1, but we still fight. If you’re going to disparage someone, target the culprits. Why would you malign those that fight this fight on the same side as you?

Steve

Because the vast majority of you have quit fighting – if that’s even what it’s called. I spent almost 30 years, US Army Special Forces (Airborne) and I KNOW what “fighting” is. Most of the residents of Western Washington don’t give a rat’s behind anymore. They just “coexist” with those freaks that run your communities. Voting is not fighting. I’ll leave it at that. Here in Western NC, if someone on the left is identified as a child molester, advocates for “Grooming” or decides they’re going to try and turn a protest into something violent – it’s only a matter… Read more »

Tionico

I have lived here snce 1980 and then it was NOT as you describe. At first the mail in wirked pretty well, no real sjurprises. I am pretty certain the real changes started coming in when Queen Christine (Gregoire) was our disgusting AtG. There was one nasty case SHE “managed” something about a child with some state appointed guardians/foster parents which young boy was subjectd to bominable “care” at their hands. Her department investigated, charges filed against both the supposed “adults” and along with them the CPS corruptocrats who totally bungled the case. Chrissy-Babe was personallywrangliing this case through the… Read more »

StLPro2A

Abrams’ food never gets to a Tupperware container…..

Ope

That gap tooth , 450pd slob ,probably eats the container too.

Bubba

ROTFLMAO

Bubba

ROTFLMAO

Ledesma

Large mags. Small mags. If there’s a humanly way to get shot, pushy liberals will still find it!

TStheDeplorable

It’s odd that the state is forcing the issue by filing this suit. This is perfectly timed to fall into the collection of cases throughout the 9th Circuit that will be coming to the Court of Appeals in the next year in the wake of the Bruen decision. Even before Bruen most appellate courts were overturning bans on 20- and 30- round magazines, but after Bruen the would have to prove that 30-round magazines are BOTH dangerous AND unusual. The police cars that protect the courthouses all have rifles and 20- and 30-round magazines that were bought over the counter… Read more »

totbs

They do, but it’s a “for me but not for thee” thing.

musicman44mag

Yes and the government always manages to exempt themselves from the decree they place on us. Here in Oregonistan, the new law measure 114 is about to go into place, maybe, and cops are allowed to have 30 round magazines. The law also states that it is required that the mags be stamped with Law enforcement and Government only.

Steve

Washington, Oregon, California…..Maine, New Hampshire, Connecticut, New York, Delaware, Rhode Island, New Jersey, Maryland – all of you pathetic, coastal LOSERS that have gone full Socialist Mommy States…really sad. Of course, this list would not be complete without including the coastal state (barely) of Illinois with that Septic Tank of a city – Chittcago.

Jonesy

Steve, New Hampshire has Constitutional Carry but Vermont might have gone around the bend by now with Commie Bernie Sanders there.

Steve

My bad Jonesy – sorry for including New Hampshire in that group of losers. I should’ve double checked my list!

hippybiker

“The Lunatics Have Taken Over the Asylum!”

Steve

Bunch of tree hugging Sodomites up there in the NW…Idaho is getting bad as is Wyoming with that sissy boy Costner and his anti-gun diatribe, oh, except when he’s on screen – and making money off the persona of the script. What a pathetic loser – I would love to meet that turdboy out on the “prairie” and have a 2nd Amendment “discussion” with Hollywood boy.

Montana454Casull

Didn’t the SCOTUS rule on this in California already ? I believe they ruled it unconstitutional if I am not mistaking. Does the state of Washington think they are exempt from the same ruling ? Time to cancel these unconstitutional bullshit laws and send all the crybaby gun grabbing sore chapped Gina’s a case of Premarin .

totbs

Ferguson couldn’t care less about Scotus rulings, the BOR or the Constitution. He’s like Hochel and NewScam that way.

Tionico

Fergie seems to think he is god in a cheap suit and thus HE can do what HE wants. Read Alice’s Through the Looking Glass. He is the dead spit of that barmy queen.

Tionico

He ALSO has a long and nasty track record of picking winners and losers according to HIS rules, then once HE has dcided HE goes after the losing side and makes their live a living hell.

He failes to ralise this one very biblical truth: as you sow, so also shall you reap”. Bumper crop waits him at some point in the future.

totbs

Ferguson will go after anything he doesn’t like. It’s hard to believe that people re-elected him, knowing his track record for abusing the citizens of this Tammany Hall nightmare of a state.

Tionico

Yup. Fergie is naught but a big bully. He gets his knickers ll benotted over some inane thing then recruits all his armed and loyal stasi goons to “go git ‘ih, boys”. No way can I accept as truth the idea that the PEOLE of this state chose this dirtbag of an AtG over Rob McKenna two or three go-rounds back. Nope. I don’t think it was the PEOPLE who selected im again. It was “th they “who “count” the votes”. I shouldn’t think a good lawyer would think it too hard to blow that “civil violation” nonesnse up as… Read more »

BigAl

Another take on this is that it could be a good thing for us as a whole. One of legal tactics the state uses is to say that the plaintiff has no standing as there has been no injury and promise that they don’t intend to enforce the provision anyway.

Now we have proof they intend to enforce the statute and a plaintiff that has standing. Let the games begin.

Last edited 1 month ago by BigAl
Bubba

Sound like SCOTUS needs to re-hear the 1976 case of Imbler v. Pachtman.

Take away the protections for Prosecutors to get away with anything. Hold them accountable.

YourTruth

Na, she just blames white people

musicman44mag

RCW 9.41.370Large capacity magazines—Exceptions—Penalty. I typed in a search browser: Federal definition for large capacity magazines. This is what it came up with. Magazines that have the capacity to hold more than 10 rounds of ammunition are generally considered to be large capacity or high capacity magazines. Federal Law The 1994 federal Violent Crime Control and Law Enforcement Act, which amended the 1968 Gun Control Act, made it illegal to transfer or possess “large capacity ammunition feeding devices” not lawfully possessed on or before the law ‘ s enactment. Look up Wikipedia. Federal law[edit]Between 1994 and 2004, the Federal Assault Weapons Ban, which… Read more »

Tionico

Seems to me this poor sap could mount a solid defense using te Federal , the Interstate Commerce Clause , the Full Faith and Credit Clause, and the 14th Article of Ammendment. He should also demand Furgie PROVE beyond a reasonable doubt the actul mechanism by which HE gains an “”unfair advantage” by offering those items for sale when any other retailer COULD also offer the same items and thus regain their “lost advantage”. Further, establish the concept that by proffering these goods to the public, in clear cinravention of the law, would actually serve as a DETRIMENT to his… Read more »

Bubba

What’s next. You’re only allowed to buy almond milk in Pint size containers?
No more Whole milk. 🙁

Tionico

that will happen JUST AFTER then forbid calling the product you just named with the same name thay label a similar product that comes from cows, on the faulty premise that the stuff from the four legged source is “bad” on account of Kaophartz.
Such is the “intelligence” level of our overlords.
These same eedjits are in charge of the gummit edge you KY shun system. No wonder Johnny can neither read nor cipher. Nor does he want to.