back to top

Massive Gun Rights Clash: Supreme Court Petition Filed

supreme court

Washington’s high court just declared that standard magazines over 10 rounds aren’t “arms,” inviting a constitutional showdown that could reshape Second Amendment protections nationwide.

Story Snapshot

  • Washington Supreme Court upheld the 2022 sales/manufacture/transfer ban on magazines over 10 rounds in a 7–2 ruling.
  • The court said large-capacity magazines are not “arms” and are not necessary to the core right of self-defense.
  • Gator’s Custom Guns petitioned the U.S. Supreme Court, arguing the decision deepens a split over whether magazines are protected.
  • Retailers remain bound by the 10-round cap, while possession of previously owned magazines is grandfathered.

State Ruling Draws a Bright Line Between “Arms” and Components

On May 8, 2025, the Washington Supreme Court reversed a lower court and upheld the state’s 2022 law banning the sale, manufacture, and transfer of magazines holding more than 10 rounds, concluding in a 7–2 decision that such magazines are not protected “arms.” The majority reasoned that limiting capacity to 10 rounds leaves firearms “fully functional” for self-defense and therefore does not burden the Second Amendment or Washington’s constitution. The ruling squarely rejects broader readings of “arms” that include commonly owned magazines.

The case, State of Washington v. Gator’s Custom Guns, arose after the Attorney General sued a Kelso retailer for allegedly continuing prohibited magazine sales. That enforcement action triggered a constitutional counterchallenge and a 2024 trial ruling striking down the ban. The state appealed, and the high court reinstated the law. The statute’s scope targets commerce in magazines over 10 rounds; it does not criminalize possession of previously owned magazines, a grandfathering provision that remains in effect.

Petition Asks U.S. Supreme Court to Resolve a Growing Split

On August 8, 2025, Gator’s petitioned the U.S. Supreme Court to review the decision, arguing it sharpens an existing divide among jurisdictions on whether magazines qualify as “arms” in common use for lawful purposes. The petition emphasizes national inconsistency after Bruen’s text-and-history framework, warning that treating magazines as mere accessories invites piecemeal removal of integral firearm components from constitutional protection. The justices’ certiorari decision will determine whether this conflict gets a nationwide answer.

Gun-rights advocates contend that modern semiautomatic pistols and rifles are designed and sold with magazines exceeding 10 rounds, making capacity limits a functional impairment in real-world self-defense scenarios. Washington’s majority rejected that premise, asserting 10-round limits do not undermine the core right. The competing views frame a pivotal question: does the Constitution protect not just the firearm but also integral, ubiquitous components without which many firearms cannot operate as designed under common use standards?

What Remains Legal in Washington and Who Is Affected Now

Retailers in Washington must continue to comply with the 10-round cap and face legal exposure for violations, while gun owners may keep previously owned larger magazines. Manufacturers and distributors will likely continue selling Washington-specific 10-round configurations, with compliance teams monitoring potential federal review. Law enforcement retains clear authority to enforce the statute against sales and transfers. The immediate effect is a constrained retail environment and maintained enforcement posture pending any U.S. Supreme Court intervention.

If the Supreme Court grants review and reverses, Washington’s approach could be invalidated and ripple into other states with similar magazine restrictions. If review is denied, the ruling stands and may influence other state high courts considering component-focused regulations. Either way, the decision intensifies debate over whether courts can cordon off magazines, stocks, or triggers as “accessories,” narrowing Second Amendment coverage, or whether common use extends protection to the parts that make modern firearms function as intended.

Sources:

Washington Supreme Court upholds ban on large-capacity ammo magazines

WA gun shop asks US Supreme Court to review high-capacity magazine ban

State of Washington v. Gator’s Custom Guns

Gun ruling: WA high court upholds ban on high-capacity gun magazines (Seattle Times PDF)

State supreme court upholds ban on high-capacity gun magazines (Spokesman-Review PDF)