Yakima Judge Rejects Suit Challenging Gun Magazine Ban
A US District Court (Federal) Judge has rejected a lawsuit challenging WA state's ban on high-capacity firearm magazines.
The judge ruled the plaintiffs did not make the case magazines are covered by the Constitution.
Yakima-based Judge Mary K. Dimke denied an injunction filed by the Silent Majority Foundation saying in part:
“ESSB 5078 is the product of the democratically elected Washington legislature. If the Court is to declare ESSB 5078 unconstitutional, it will not do so lightly. Injunctive relief is ‘an extraordinary remedy that may only be awarded upon a clear showing that the plaintiff is entitled to such relief."
ESSB 5078 refers to the legislation banning high-capacity magazines, ones that hold more than ten rounds of ammunition.
At the bequest of WA State AG Bob Ferguson and Governor Inslee, the Democrat majority in the legislature pushed through the bill, it was signed and went into effect earlier this year.
The lawsuit had sought an injunction to delay or halt the implementation of the bill. Other states that have similar magazine restrictions include Illinois, Maryland, Massachusetts, New Jersey, New York, California, Connecticut, Delaware, and Hawaii.
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