I don’t usually cover state level gun lawsuits (and Texas is pro-Second Amendment enough that they aren’t necessary here), but Washington State vs. Gator’s Guns is interesting, in that Washington State’s unconstitutional “high” (i.e. standard) capacity magazine ban has a good chance of being thrown out as unconstitutional.
Unlike two other cases challenging the law, Washington state’s Democratic Attorney General Bob Ferguson is the one suing Gator’s Guns. That means the case will be tried in rural Cowlitz County, as Ferguson can’t get the venue moved to liberal, urban Thurston County.
Pete Serrano of the Silent Majority Foundation: “We’ve had several hearings before judge [Gary] Basher, the presiding judge in this jurisdiction, who said ‘I want to know whether or not this ban is constitutional. Everything else can come in on the back end.'”
The AG’s playbook on cases in Kings and Pierce County was radically different. Serrano: “The Attorney General came in hard, fast, hit the person, and either tried to extract the settlement agreement or punish them immediately and had a favorable venue.”
Usually scheduling order hearings are uneventful things that can be done by Zoom. Not this one. Serrano: “Here the judge ordered us into the court in person on Monday and said ‘Listen, you guys can’t get the scheduling together because we’re pushing to have this thing done and heard by the end of 2023.'” The AG is trying to drag things out well into 2024.
The constitutional issues in the case have been covered before. Serrano: “We’ve briefed it in Brumback [vs. Ferguson], we’ve seen it briefed in other cases throughout the state and.”
“You have [U.S. District] Judge [Roger] Benitez’s opinion on the same thing in California.”
Washington Gun Law President William Kirk: “Let’s also remember that a lot of the case law that we’re talking about on the assault weapon bans, is also similar case law that would be cited in a magazine ban case as well.” I suspect this is a reference to Bruen. One thing I haven’t seen in this video or the snippets on this case online is how Bruen has changed the burden of proof on government regulation of citizen firearms.
Serrano: “There’s nothing really original here.”
Kirk: “Did the Attorney General bite off a little more than they could chew on this one?”
Serrano: “Oh absolutely…It was like here’s a gift from God. Or, you know definitely not God, but from Bob Ferguson. It’s [a gift] from Satan…He’s going to go into a rural small conservative county and sue someone who allegedly sold over a thousand of these magazines.”
In 12 years, Cowlitz County has gone from mild blue to deep red.
This is the sort of magazine ban I can see being struck down even before Bruen. In light of the the post-Bruen environment, it’s hard to believe it won’t get struck down.
Only stubborn Democratic dedication to complete civilian disarmament keeps the Bob Fergusons of the world trying to impose gun control methods that have already been found unconstitutional.