Blue state high-capacity magazine ban is unconstitutional, judge rules, but law remains on books for now

A judge ruled Washington state's ban on high-capacity magazine sales is unconstitutional, but the state Supreme Court swiftly moved to keep the ban in place for now.

Washington state Democrat lawmakers in 2022 banned the sale of magazines capable of holding more than 10 rounds of ammunition. A Cowlitz County judge on Monday ruled the ban violates both the state and U.S. constitutions. (George Frey/Getty Images/File)

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"There was no appetite to limit gun rights by the Founders. Though the specific technology available today may not have been envisioned, the Founders expected technological advancements," Bashor wrote. "The result is few, if any, historical analogue laws by which a state can justify a modern firearms regulation."

He issued an injunction, which would have stopped the state from enforcing the ban and allowed stores to resume selling high-capacity magazines. But Washington's attorney general immediately appealed to the state Supreme Court, calling Bashor's decision "incorrect" and arguing the law is "essential to addressing mass shootings in our communities."

"This law saves lives, and I will continue to defend it," Attorney General Bob Ferguson, who is currently running for governor, said in a statement Monday.

Washington state's Supreme Court commissioner granted an emergency stay minutes later, keeping the ban on the books while the state appeals Bashor's decision.

Washington state lawmakers banned magazines capable of holding more than 10 rounds in 2022. The following year, they banned the sale of all "assault weapons" – primarily semiautomatic rifles – in an effort to curb mass shootings. (Patrick T. Fallon/AFP via Getty Images/File)

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Democrat lawmakers adopted the magazine ban in 2022 at Ferguson's request. Since then, his office has targeted multiple businesses accused of illegally selling high-capacity magazines.

Earlier this year, a gun store and its owner in Federal Way, Wash., agreed to pay $3 million after Ferguson sued them for breaking the law.

Hannah Ray Lambert is an associate producer/writer with Fox News Digital Originals.

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