Another Ruling Expected Soon in WA High Capacity Mag Case

Sometime during the week of April 22-26th a ruling is expected to be made concerning WA state's ban on high-capacity firearm magazines.

  Supreme Court will hear arguments

Last September, WA State Attorney General Bob Ferguson sued a gun store in Kelso, WA, Gator's Custom Guns, for allegedly breaking the recently passed ban on gun magazines exceeding ten rounds. The AG claimed the store violated the law numerous times.

The law said they could not be sold or marketed. However, the Silent Majority Foundation recently sued, and last week Cowlitz County Superior Court Judge Gary Bashor ruled the ban was unconstitutional.

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WA AG Ferguson petitioned the Supreme Court, and Court Commissioner Michael Johnson issued a stay, keeping the ban in place for now, according to The Center Square.

Johnson said a ruling should be coming next week, it is possible the case could go before the actual Supreme Court before the end of the summer.

There have been numerous questions as to why a Court Commissioner, and not the full Supreme Court, issued the stay.  Under Washington State Law, various courts employ what are called commissioners. They're licensed attorneys whose job is to handle certain kinds of caseloads, to ease up the loads on Judges. According to the state court website:

"Commissioner -- Most courts employ court commissioners to ease the judges' caseload. Court commissioners are usually attorneys licensed to practice in Washington. Working under the direction of a judge, court commissioners assume many of the same powers and duties of a superior court judge. Matters heard by the court commissioner include probate, uncontested marriage dissolutions, the signing of court orders for uncontested matters, and other judicial duties as required by the judge. The state constitution limits each county to no more than three court commissioners, but additional commissioners may be appointed for family law and mental health matters."

Opponents of the magazine ban believe the full court should hear the case, because it deals with important 2nd Amendment Constitutional matters.