Case Summary

In an infringement of peaceable Americans’ right to choose the arms they see fit to defend themselves, their loved ones, and their communities, the State of Washington has banned the sale, import, distribution, and manufacture of what it derisively labels as “large capacity” firearm magazines.

Washington bases its ban on the demonstrably wrong idea that it has the authority to dictate to the People how they can defend their lives, their loved ones, and their property.

Washington inaccurately and unfairly treats these magazines as tools of mass shooters, rather than the common, constitutionally protected self-defense instruments they are.  Millions of these magazines are owned by ordinary Americans who understand life-or-death emergencies may well require them to fire numerous shots without reloading or changing weapons. 

Your life shouldn’t depend on your ability to reload your firearm during the worst day of your life. Americans have a natural right to own and use these magazines, a right protected by the Second Amendment.  

Represented by the Center to Keep and Bear Arms and Cooper & Kirk, PLLC, a group of plaintiffs seeks to have a federal court strike down Washington’s ban and uphold the People’s rights. 

What’s at Stake

The State of Washington wrongly assumes that it knows best, and that it has the power and authority to control how its residents defend themselves and others.  By violating peaceable Americans’ natural right to choose the arms they see fit to defend their lives, and the lives of their loved ones and their communities, Washington is putting people in mortal danger—leaving them at the mercy of criminals if they run out of ammunition in an emergency.

In a vast majority of states, millions of Americans own the magazines Washington has banned, because these owners know that extreme situations may call for numerous rounds to be fired.  They’re exercising the constitutionally protected, natural right that Washington denies.  If Washington can get away with it, all Americans’ rights are less secure.

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Status

Court

Western District of Washington

Case History

With the passage of SB 5078 in March 2022, the State of Washington outlawed the sale, import, distribution, and manufacture of firearm magazines able to hold more than 10 rounds of ammunition.

These magazines have long been possessed by peaceable citizens to protect themselves and others.  In fact, these magazines trace their history back before the Founding of our nation.  And while Washington falsely tries to brand the devices as a threat to public safety, they are legal in a vast majority of states and owned by millions of Americans. 

A correct application of Supreme Court precedent, in the Heller and McDonald decisions, shows that Washington’s ban violates the Second Amendment, as applied to the states through the Fourteenth Amendment.   

In June 2022, MSLF’s Center to Keep and Bear Arms—along with Cooper & Kirk, PLLC—filed a lawsuit against the State of Washington on behalf of a diverse group of plaintiffs, challenging the magazine ban as unconstitutional.

Ellie Sullivan, a nurse and longtime Washington resident, has concerns for her safety amid surging violent crime. 

Rainier Arms is a business specializing in high-end tactical rifles, pistols, and shotguns founded by John Hwang.  John has been an outspoken member of the firearms community for decades and is committed to ensuring individuals have access to the tools they need to effectively defend their lives and loved ones. 

Firearms Policy Coalition and the Second Amendment Foundation are nonprofit organizations whose members’ rights are infringed by Washington’s ban.  They have stepped forward to end this threat to life and liberty in the Evergreen State.

In August 2023, Mountain States filed a motion for summary judgement, asking the court to rule on the merits of the case and in favor of Ellie Sullivan and Rainier Arms.

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