The public may find out in a matter of months, or even sooner, whether the Washington Supreme Court will consider the Gator’s Custom Guns case concerning the state’s prohibition on the purchase or sale of high-capacity magazines.
According to Pete Serrano from The Silent Majority Foundation, which represents the Kelso gun retailer, he believes that the current assessment is accurate. It is worth noting that Serrano is not only involved with the foundation but is also running for the position of state Attorney General.
Last month, Cowlitz County Superior Court Judge Gary Bashor ruled that the ban on buying and selling magazines with a capacity of more than 10 rounds is unconstitutional. Judge Bashor argued that the ban is in violation of the Second Amendment of the U.S. Constitution, as well as the state constitution which grants individuals the right to bear arms for self-defense.
Within 90 minutes of that ruling, Washington Attorney General Bob Ferguson was able to obtain a stay of the order with the help of state Supreme Court Commissioner Michael Johnston. The Office of the Attorney General has requested discretionary review of the case’s merits from the state’s high court.
In his order to extend the stay, Johnson stated that using 10 rounds or fewer should be enough for self-protection.
Serrano strongly disagrees with that statement.
“He said that it is not his responsibility to define the limitations. The Legislature has already done that, and the lower court has ruled that these limitations are unconstitutional.”
On Tuesday, Serrano and his team responded to the Attorney General’s request for a direct appeal of the case.
“We believe that this should be a Supreme Court issue,” he explained, emphasizing our agreement. “However, we do not necessarily support the state’s approach to achieving that. We firmly believe that this is ultimately a matter of personal fundamental rights.”
The Center Square contacted the Attorney General’s Office to gather their response regarding Serrano’s filing.
According to a representative from the Attorney General’s Office, every other court in Washington and throughout the nation that has addressed the issue of banning high-capacity magazines under the U.S. or Washington Constitution has either dismissed the challenge or had their rulings overturned. The representative expressed confidence that the court will also find this law to be constitutional.
Serrano anticipates that the state Supreme Court will take up the case, unless they choose to avoid it and require the appellate court to gather more evidence. He believes that it may not be suitable for the appellate level, but given that it is the Supreme Court of Washington, he is uncertain of their decision.
According to Serrano, this could happen in the near future.
According to him, “We can expect the briefing to be completed in early August.”
William Kirk, the president of Washington Gun Law, has closely followed the case.
After extending the stay order, Johnston incited a strong reaction from Kirk, who took to YouTube to express his strong disapproval.
In a strong expression of his dismay, he stated, “I’ve had ample time to process it, to reflect on it multiple times. This opinion is undeniably one of the most hostile ones I have encountered throughout my entire professional career.” He further added, “Commissioner Johnston appears to harbor a deep-rooted grudge against every law-abiding Washington resident who owns a firearm. It becomes evident upon reading this opinion that personal animosity has influenced its composition.”
Kirk believes that the case may not revolve around Second Amendment rights but rather Article 1 Section 24 of the Washington State Constitution. This constitutional provision asserts that “the right of the individual citizen to bear arms in defense of himself, or the state, shall not be impaired, but nothing in this section shall be construed as authorizing individuals or corporations to organize, maintain or employ an armed body of men.”
According to Kirk, Johnston’s ruling emphasized the significant impact of the question of whether a large-capacity magazine is considered an arm. The ruling stated, “It is a very large anchor pulling on the Superior Court’s debatable Heller analysis.”
The U.S. Supreme Court, in the case of District of Columbia v. Heller, made a ruling that the Second Amendment safeguards the right of an individual to own a firearm, regardless of their connection to a militia. This includes the right to use the firearm for lawful purposes, such as self-defense within one’s own home.
In response to whether the lengthy legal battle was worth it or not, Wally Wentz, the owner of Gator’s Custom Guns, expressed his inspiration by the continuous support he has received from customers and donors throughout his legal fight.
“Wally shared that his supporters donate to his cause regularly, often on a daily or even hourly basis. He mentioned that they encourage him to keep going and give him the motivation to continue fighting for what he believes in. Wally emphasized that his drive does not come from financial gain, but rather from his unwavering commitment to doing what he believes is morally right.”