Gun-grabbing Democrats keep writing laws to take away the rights of law-abiding citizens to defend themselves.
And if they can’t ban guns, they will try to take away the accessories that make the guns work.
But gun-grabbers in Washington state were just shot down by this Judge who actually is following the Constitution.
Washington Judge rules magazine ban unconstitutional
Cowlitz County, Washington Superior Court Judge Gary Bashor just issued a ruling that found the state’s ban on “high capacity” magazines was a violation of the U.S. Constitution as well as the state’s own constitution.
According to the Associated Press, Bashor reached his decision by looking at a similar decision from the Supreme Court of the United States in 2022.
The Bruen decision was handed down in July of 2022, but a month later, legal analysts said it didn’t look good for gun control in the America of today.
According to some, the Bruen decision requires gun control to be tested using a search for historical relevance in the American experience.
Justice Clarence Thomas’ majority opinion in the ruling would be reasonable to the founding generation, which originally drafted and ratified the Second Amendment.
If not, the law “must give way to the Constitution,” per a Washington Times report.
The decision by Thomas was built upon two cases: McDonald v. Chicago in 2010 and District of Columbia v. Heller in 2008.
“The test courts must apply is whether a firearms restriction would have seemed reasonable to the founding generation that drafted and ratified the Second Amendment. If not, the law must give way to the Constitution,” Thomas wrote.
An article from the Seattle Times noted that Bashor pointed to Bruen when making his decision when he wrote, “The State must provide some history of regulation in line with the requirements of Bruen. The state has failed to do so.”
As a result, Bashor issued an immediate injunction against any enforcement of the “high capacity” magazine ban, essentially blocking enforcement of the law.
However, Washington state Attorney General Bob Ferguson immediately appealed the decision.
Ferguson issued the appeal to the State Supreme Court, and an emergency stay was granted, so the ban can continue to be enforced until the appeal reaches an official ruling.
The law remains uncertain
Washington’s high-capacity magazine ban would impose a ban on any gun magazines that hold more than 10 rounds.
When granting the emergency stay, Supreme Court Commissioner Michael Johnson said that he weighed “the debatable nature of the factual and legal issues raised in this case, and the public safety issues concerning the proliferation of large capacity magazines.”
But, according to Bashor, his ruling was based on the 2022 Supreme Court decision that states gun regulations must be “consistent with the Nation’s historical tradition of firearm regulation.”
For now, only time will tell whether or not the emergency stay will hold or whether the people of Washington state will emerge victorious.
Informed American will keep you up-to-date on any developments to this ongoing story.
