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Blue state high-capacity magazine ban is unconstitutional, judge rules

via FOX

A Washington judge ruled the state’s ban on high-capacity magazines unconstitutional, but the state Supreme Court issued an emergency stay keeping the ban in effect while the ruling is appealed.

The judge found the ban violated the Second Amendment by failing to cite a similar historical precedent and injunction its enforcement.

“There was no appetite to limit gun rights by the Founders. Though the specific technology available today may not have been envisioned, the Founders expected technological advancements,” Cowlitz County Superior Court Judge Gary Bashor wrote.

“The result is few, if any, historical analogue laws by which a state can justify a modern firearms regulation.”

However, the state attorney general argued the ban is crucial for addressing mass shootings and immediately appealed.

“This law saves lives, and I will continue to defend it,” Attorney General Bob Ferguson stated.

Gun rights groups criticized the speed of the stay compared to reviewing the underlying challenge.

“Looks like Attorney General Ferguson shot himself in the foot when he went after the gun store for not complying with an unconstitutional gun law,” Second Amendment Foundation (SAF) founder Alan Gottlieb said.

“It seems more often than not, courts step in to protect Government quickly, but do not provide the same speed in reviewing the constitutionality of the challenge laws,” SAF Executive Director Adam Kraut said. “Washingtonians continue to be deprived of their constitutional rights while this case proceeds.”

The case comes after the attorney general sued businesses for allegedly selling magazines banned under the 2022 law, which was adopted at his request and remains controversial among Second Amendment advocates.

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