Washington v gators custom guns

When Gator's Custom Guns received a Civil Investigative Demand from the Washington State Attorney General,  they contacted Silent Majority Foundation. When we fought back to challenge the CID, the State Attorney General filed suit alleging that the sale of so-called "Large Capacity Magazines" is illegal after the passage of ESSB5078.

BACKGROUND

On August 23, 2023, SMF filed a Petition to Set Aside and for Injunctive and Declaratory Relief against the State of Washington Attorney General’s (AG) issuance of a Civil Investigative Demand (CID) on behalf of a Gator’s Custom Guns, Inc. in the Cowlitz County Superior Court. The AG uses CIDs to conduct investigations into business practices that violate the Consumer Protection Act—in this case, Gator’s alleged sales of so-called “Large Capacity Magazines.” The AG can use any such information to prosecute charges under the Consumer Protection Act.

Here are a few key points:

• Ultimately, the string of cites of district courts which have upheld LCM bans or regulations are persuasive authority, and unpersuasive from an analytical perspective. These district courts may have upheld the bans but the constitutional backing and legal precedence is not there.
• The analysis of the right to bear arms has never been bifurcated or otherwise separated into subsets of protected arms; the analysis is whether the arms “facilitate armed self-defense” as conceded by the state. Obviously, we need a magazine to allow the usage of a firearm; thus a magazine facilitates effective self-defense.
• The State further mischaracterizes the findings of the legislature that ESSB 5078 will save lives; the legislature in fact made no such finding, only that it is “likely” to reduce gun deaths and injuries. Criminals, intent on causing harm, will not be stopped or inhibited by clip prohibitions. The state has conceded this point. Disarming law-abiding citizens is not the answer to mass shootings, unconscionable and tragic though they may be.
• The State cannot simply wish away the fundamental right to bear arms. Though the Legislature may not like the protections we have through the second amendment, this does not provide legal precedence to do away with our constitutional rights.

Update: Oral Arguments are scheduled for January 14, 2025 at Washington State Supreme Court!