Washington Supreme Court Upholds Magazine Ban — A Direct Attack on Gun Rights

In a narrow decision, the Washington Supreme Court ruled against the Second Amendment by upholding the state’s ban on magazines holding over 10 rounds. Here’s what it means — and why it’s wrong.

On May 8, 2025, the Washington Supreme Court upheld the state’s 2022 ban on so-called “large capacity magazines” (LCMs), ruling 5–4 in favor of the state despite strong constitutional objections. The decision reverses a lower court’s finding that the law violated both the state and federal constitutions.

At the center of the case was State v. Gator’s Custom Guns, Inc., in which the Kelso-based retailer challenged the legality of Engrossed Substitute Senate Bill 5078. That law prohibits the sale, manufacture, and distribution of magazines holding more than 10 rounds. Although a Cowlitz County judge had initially sided with the plaintiffs, the state appealed, and the Supreme Court placed the law back in effect during its review.

Walter Wentz of Gator’s Custom Guns

In its opinion, the majority argued that magazines are not “arms” and therefore not protected under Article I, Section 24 of the Washington Constitution or the Second Amendment of the U.S. Constitution. They further claimed that limiting magazine size still allows for adequate self-defense.

But this reasoning fails on both constitutional and practical grounds.

As dissenting Justice Sheryl Gordon McCloud warned, if magazines aren’t protected, what stops the government from banning other components? Her dissent rightly cautioned that this ruling “hollows out” core protections under the Washington Constitution.

That Justice McCloud seems like a smart person to me.

This decision follows a similar pattern seen in Duncan v. Bonta, a high-profile case challenging California’s nearly identical magazine ban. Although the Ninth Circuit upheld California’s law, the case remains controversial and could ultimately land at the U.S. Supreme Court.

Let’s be blunt: banning magazines — whether 10 rounds or 30 — is an infringement on the right to keep and bear arms. These laws do not save lives. They do not stop criminals. They only serve to reduce the capacity for law-abiding citizens to defend themselves and give the state more control.

The right to self-defense includes the tools necessary to exercise it. The government doesn’t get to decide how many rounds is “enough.” And if the courts won’t defend our rights, it’s up to citizens, voters, and future legal challenges to push back.