A Kelso gun shop is taking its battle against Washington’s high-capacity magazine ban to the nation’s highest court.
Gator’s Custom Guns filed a petition this week asking the U.S. Supreme Court to review the Washington Supreme Court’s May decision upholding the 2022 law, which prohibits the sale of ammunition magazines that hold more than 10 rounds. Supporters of the measure say it’s a key tool for curbing gun violence.
Store owner Walter Wentz said Friday he hopes the justices will “do their job” rather than allow lower courts to, in his words, “wave their finger” at them. He added that he is eager to exercise his rights and is hopeful the process will “get some justice out of this.”
The state attorney general’s office defended the restriction, noting that courts across the country have upheld similar measures. “These reforms are constitutional,” spokesperson Mike Faulk said, pointing out that the Supreme Court has repeatedly declined to take up cases challenging such bans, leaving lower court rulings in place.
In their 7-2 ruling, Washington Supreme Court justices determined that high-capacity magazines are not “arms” but rather components of firearms, and therefore not generally protected for self-defense under the state constitution. Justice Charles Johnson, writing for the majority, explained that the law simply limits the maximum capacity of magazines without rendering weapons inoperable. According to Johnson, citizens can still fully exercise their right to bear arms with 10-round magazines or fewer.
Gator’s attorneys argue the state’s position conflicts with other court decisions nationwide and claim the magazines are common and widely used, which they say meets the legal test for constitutional protection. They warned in their petition that if the court allows “piecemeal removal of integral firearm components” from the Second Amendment’s scope, eventually “neither the piece nor the whole” will retain constitutional protection.
The petition also draws on the U.S. Supreme Court’s 2022 Bruen decision, which requires firearm laws to align with the nation’s “historical tradition of firearm regulation.” However, Washington’s high court sidestepped that standard, ruling that because the magazines aren’t considered firearms, Bruen did not apply.
Similar restrictions have survived challenges elsewhere. Earlier this year, the 9th U.S. Circuit Court of Appeals upheld California’s law, and in June the U.S. Supreme Court declined to hear a challenge to Rhode Island’s ban. Washington’s law, which remains in effect, allows residents to keep high-capacity magazines they already own but prohibits their sale or importation. More than a dozen states have similar bans.
The case reached the state Supreme Court after Cowlitz County Superior Court Judge Gary Bashor struck down the law in April, ruling it violated both the state and federal constitutions. Bashor cited the Bruen standard, saying the ban failed to meet the historical tradition test.
Representing Gator’s in the appeal are attorneys Paul Clement and Erin Murphy, who also led the challenge in the landmark Bruen case. They are working alongside the Pasco-based Silent Majority Foundation, which handled the earlier stages of the litigation. Neither Clement, Murphy, nor Silent Majority attorney Austin Hatcher responded to requests for comment.
Pete Serrano, Pasco’s mayor and a former Republican candidate for state attorney general, has also represented the gun shop. Serrano is reportedly under consideration by the Trump administration to lead the U.S. attorney’s office for the Eastern District of Washington.
