The state Supreme Court soon placed a temporary freeze on the decision after a judge ruled the high-capacity magazine ban was unconstitutional.
A prosecutor in Washington state has determined that the government’s restrictions on high-capacity magazines is unlawful, despite a state Supreme Court emergency order allowing the state to keep the legislation on the books until the appeals process is finalized.
On April 8, Cowlitz County Superior Court Judge Gary Bashor issued an urgent order ordering state authorities to immediately halt the government’s restrictions on bbs holding more than 10 sessions.
Nevertheless, Washington state Attorney General Bob Ferguson instantly requested an urgent appeal later that evening, which was granted by Michael Johnston, the director of the state’s Supreme Court, which kept the temporary restrictions in effect.
I requested and received an emergency be from the state Supreme Court in response to a Cowlitz County judge’s decision to repeal this public health rules, according to Mr. Ferguson in a statement. ” I will go to court to battle for this law, which is vital to addressing size shootings,” he said.
The Supreme Court commissioner made note of Mr. Ferguson’s urgent action for a stay in the order that a court clerk had been instructed to set a briefing plan and schedule an oral debate time.
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Mr. Ferguson, who is running for the article of Washington state government, vowed to maintain any substantial- capacity magazine bans or prohibitions of the sale of “military- style assault weapons”.
Past judge and Republican representative Dave Reichert, his opponent in the presidential race, claimed Washington state has become a “haven for murder” and pledged to defend Second Amendment right.
Judge Bashor’s quick- lived overturning of Washington’s high- potential gun ban was met with solid reactions by gun rights advocates.
The Second Amendment’s text does NOT state that” the right of the people to keep and bear arms that are actually fired lawfully during a self-defense incident shall not be violated.” Rather, the relevant text of the Second Amendment is: ‘ the right of the people to keep and bear arms shall not be infringed,'” the group added.
Background
Washington state Gov. SB 5078 became effective on July 1, 2022 after Jay Inslee signed the high-capacity magazine prohibition.
The law bans manufacturing, importing, distributing, selling, or offering for sale magazines that can hold more than ten rounds of ammunition.
SAF and other gun rights organizations filed legal challenges to the high-capacity magazine ban.
The groups wrote in the complaint that” the State of Washington has criminalized one of the most common and important means by which its citizens can exercise their fundamental right to self-defense.
The gun- rights groups asked for the ban to be overturned.
According to SAF founder and executive vice president Alan Gottlieb,” We’re asking the court to declare Washington’s ban on original capacity magazines unconstitutional under the Second and Fourteenth amendments.”
Because this ban criminalizes something that is prevalent in most states and also makes law-aiding Washington citizens more vulnerable to attacks by ruthless criminals,” we want an injunction against the state,” he added.
Additionally, Mr. Gottlieb objected to the definition of a high-capacity magazine as one that can hold ten rounds of ammunition or more.
There is no conclusive evidence that restrictions on new manufacturing or sales of such magazines will reduce violent crime, according to Gottlieb, who stated that “many of the most popular handguns and modern semiautomatic rifles come standard with magazines that hold more than ten rounds.”
He added that he believes SB 5078 “unfairly and arbitrarily penalizes honest citizens for crimes they did n’t commit, in the hopes of preventing crimes they would n’t dream of committing”.
Biden Pushes Gun Control
Prior to the 2024 elections, President Joe Biden and the Democrats have cited gun control as a pressing issue.
President Biden reiterated his call for stricter gun control laws, including banning high-capacity magazines and “assault” rifles, during his State of the Union address on March 7, 2024.
” I’m proud that we defeated the NRA in passing the most significant gun safety law in nearly 30 years”! During his speech, President Biden yelled out. ” Now we must beat the NRA again”!
” I’m demanding a ban on assault weapons and high- capacity magazines”! he continued. ” Pass universal background checks!’
” None of this violates the Second Amendment or vilifies responsible gun owners, “he claimed.
Gun rights organizations fiercely oppose President Biden’s push for more gun control, arguing that such laws will punish law-abiding citizens and make them less safe by limiting their access to weapons and accessories that might give them an advantage in self-defense situations, while criminals will ignore such laws and in any case obtain such weapons.
