HELENA – Montana Attorney General Austin Knudsen led a 27-state coalition Monday asking the Supreme Court of the United State (SCOTUS) to safeguard law-abiding Americans’ right to keep and bear arms in public for self-defense and reverse an unconstitutional decision by the Washington Supreme Court banning magazines that can hold more than ten rounds.
The amicus brief was filed in Gator’s Custom Guns, Inc. v. State of Washington. In May, the Washington Supreme Court wrongly upheld the state’s ban on firearm magazines that can contain more than 10 rounds of ammunition. A Cowlitz County Superior Court judge had previously struck down the 2022 law, ruling it violated the Second Amendment.
“The Supreme Court needs to step in to uphold Americans’ right to keep and bear arms. Lower courts, including the Washington Supreme Court, are attempting to attack and rewrite the Second Amendment,” Attorney General Knudsen said.
“Washington’s failure to properly interpret the Second Amendment and ban plus-ten magazines ignores both history and constitutional precedent. Law-abiding citizens should not be treated like criminals for exercising their right to keep and bear arms for self-defense. As attorney general, I will continue to do everything in my power to ensure Americans and Montanans can protect themselves.”
Plus-ten magazines are commonly possessed by citizens for lawful purposes, including self-defense, hunting, and sporting activities.
Following the U.S. Supreme Court decisions in District of Columbia v. Heller and New York State Rifle & Pistol Association, Inc. v. Bruen, courts must determine whether modern firearm regulations are consistent with the Second Amendment’s text and historical understanding. Washington’s ban would not pass the Bruen or Heller test and, therefore, is unconstitutional.
For example, in Bruen, SCOTUS ruled the Second Amendment protects the right of citizens to bear arms “that are unquestionably in common use today” for lawful purposes. One study found that 542 million Americans own plus-ten magazines, reflecting on a longstanding history and tradition of law-biding ownership.
Attorney General Knudsen also argues that “Washington’s restrictions burden the rights of millions of law-abiding citizens to keep and bear magazines that have been considered appropriate for self-defense.” The constitutional meaning of “arms” extends to the instruments necessary including magazines, regardless of whether they are uses in handguns, rifles, or other firearms.
Attorneys general from Idaho, Alabama, Alaska, Arkansas, Florida, Georgia, Iowa, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, West Virginia, Wyoming, and the Arizona Legislature also joined the brief.
Click here to read the brief. [embedded below]
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Gator v Washington Final Brief
Washington FFL Takes Mag Ban Fight to U.S. Supreme Court After State Ruling
And I note that the Arizona legislature joined the briefs but not Cris Mayes, our unlawfully and fraudulently emplaced Attorney General. The coups of 2020 and 2022 have long lasting and far reaching consequences. Massive vote fraud in both 2020 and 2022 upended the legitimate efforts of Karie Lake, Abe Hamada and Mark Finchem and they were all found to be victims of Lyndon Johnson’s ‘Box 13’ process where votes keep getting ‘discovered’ until the desired result is achieved. This is exactly why the communist Katie Hobbs vetoes EVERY voter and voting administration integrity put forth by our Republican majority… Read more »
Just a quick note from a Third World warrior. If any more Christian Conservative people or institutions are shot up by rabid leftists we can forget about courts. Forget about laws. We will be in the streets. Just a thought based on my 30 years of experience in other troubled lands. Folks, we are at the precipice of civil war. I listen to and read Progressive New Left rags and outlets every day after I am done doing my Bible Study. I do so you don’t have to. The demonic voices of NPR, PBS, CNN, MSDNC, NYT and the other… Read more »
542 million Americans own over plus-10 round capacity magazines?
Where did the other 200 million Americans come from??
Americans own over 542 million plus-10 magazines.
27 states and 75 million citizens should be able to get this infringement dumped
“… with a box therein, to contain not less than twenty four cartridges, suited to the bore of his musket or firelock …”
Historically relevant and of the time:
https://www.mountvernon.org/education/primary-source-collections/primary-source-collections/article/militia-act-of-1792
SCROTUS will just kick it down the road for the next few years.