Standard capacity ammunition magazines are under siege from anti-gun forces across the nation, and the battle over the right to keep and bear arms continues to boil over in Washington State.

On Friday, the National Rifle Association (NRA) filed an amicus brief supporting the challenge to the state’s controversial prohibition of magazines capable of holding more than ten rounds. 

The venerable gun rights organization correctly noted that there are over one hundred million of these magazines in circulation in the U.S., which fits anyone’s definition of “common.”

And, according to the U.S. Supreme Court, “common” arms are protected by the Second Amendment. This makes the Washington statute unconstitutional.

Gator’s Custom Guns is an upstanding business located in Kelso. Washington Attorney General Bob Ferguson (D) targeted its owner, Walter Wentz, in September 2023.

His alleged infraction? Continuing to sell standard-capacity magazines in violation of the contentious state law. Ferguson’s office claimed that Gator’s Custom Guns, on separate occasions, sold these accessories to their investigators. 

The AG’s office also asserted that the business had over 11,000 products in stock deemed illegal by the state. It termed Gator’s one of Washington’s “largest and most persistent purchases of high-capacity magazines from out-of-state distributors.”

The business vigorously defended itself against the state onslaught but quickly faced fierce opposition. On April 8, after a Superior Court judge ruled the ban unconstitutional, Washington Supreme Court Commissioner Michael Johnston immediately granted a temporary stay.

Less than three weeks later, he followed this action by ruling that state officials would uphold the stay on the lower court ruling until the case was adjudicated.

The defendants then petitioned the high court to set aside the Consumer Protection Act enforcement against the business and determine that the prohibition violates the Second Amendment.

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