NRA Files Amicus Brief Arguing Washington’s Magazine Ban Violates the 2nd Amendment

Opinion

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This week, NRA filed an amicus brief in the Supreme Court of the State of Washington in a challenge to Washington’s prohibition on firearms magazines that hold over 10 rounds.

The defendants in the case are a retail firearms dealer and its owner. In 2023, the defendants were issued a Civil Investigative Demand (CID) by the Washington State Office of the Attorney General due to suspicions that they were selling magazines that hold over 10 rounds, which are prohibited in Washington.

The defendants petitioned for the CID to be set aside and a declaration that the magazine ban violates both the Second Amendment to the U.S. Constitution and Article I, Section 24 of the Washington Constitution.

On April 8, 2024, after the CID was withdrawn but replaced with a Consumer Protection Act enforcement action, the trial court held Washington’s magazine ban violative of both the U.S. and Washington Constitutions. But the Supreme Court of the State of Washington granted an emergency stay that same day, which was followed by another order from the Supreme Court Commissioner staying the case.

Now before the Supreme Court of the State of Washington, NRA filed an amicus brief in the case supporting the retail firearms dealer and its owner. The brief argues that Supreme Court precedent forbids prohibitions on common arms, and because over one-hundred million of the prohibited magazines are owned throughout the country, the ban must be held to violate the Second Amendment.

The amicus brief, filed in State of Washington v. Gator’s Custom Guns, Inc., can be read here.


About NRA-ILA:

Established in 1975, the Institute for Legislative Action (ILA) is the “lobbying” arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess, and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution. Visit: www.nra.org

National Rifle Association Institute For Legislative Action (NRA-ILA)

Battle Over WA Magazine Ban Heats as Judge Strikes Law, Court Stays Order

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Straight-Shootr

We don’ need to pass no steeenking laws!

We just CRASH THE COMPUTER SYSTEM and NOBODY gets ANY guns…

Nick

But Negotiating Rights Away is only sending an amicus brief. Not lawyers. Goes to show how much they really care.

Straight-Shootr

Sending a brief to the Washington State ‘Supreme’ Court is just about the same as pissing into the wind..

Edit: Removed link when I discovered the article was from 2019…

The site is still an interesting look into the political skullduggery in Washington State, however..

https://www.wethegoverned.com

Here is a link to a video put out by them with the title:
“How might the Trump administration make an impact in Washington State?”
https://www.youtube.com/watch?v=6W9Tz91uoy8

Last edited 17 days ago by Straight-Shootr
Nick

I know sending a brief is meaningless. We’re clearly in agreement.
Negotiating Rights Away, aka NRA is not a friend to gun owners, hasn’t been for the last 90 years.

Novice.but.learning

Got brown eyes? Fulla brown…

Nick

?????

Straight-Shootr

No, we’re clearly NOT in agreement.

What I’m saying it it DOESN’T matter to the hard core communist / fascists that sit on the Washington “Supreme” Court.

The research put in to an amicus can be still useful to others and anyone following the case, but the only thing the sitting communists will understand is the sound of handcuffs being fastened around their wrists and being frog marched off to prison for violating their oaths of office.

Nick

Most courts in America don’t follow the constitution.
On the US ‘Supreme’ Court one justice can’t define what a woman is, so how would she be an adequate justice? She can’t.
The same’s true for most courts across the US, Washington state’s no exception, most are deeply anti American.

And I agree, those judges must be removed.
So, I think we are in agreement.

Wild Bill

Have you made a comprehensive study of all of the courts in this country to support your proposition that, “Most courts in America don’t follow the constitution.” You can not use made up hyperbole as a premise.
When you get things so far wrong others catch it and it reflects on you.

Last edited 16 days ago by Wild Bill
Nick

Now you’re really sounding like a Fed.

Wild Bill

No, this is seventh grade logic stuff. Were you not paying attention in the seventh grade.

Nick

More insults.

Wild Bill

That is not a sentence. You need a verb. The basics of English writing and grammar are, also, seventh grade subjects.

Tionico

READ your newspapers. Follow court cases in any state for very long and this conclusion is the only one that is valid. I’d bet no more than ten states have court systems that are anywhere near “constitutional” in structure OR outcomes.

Wild Bill

You are guessing. Newspapers are lying. And you have forgotten the federal courts that exist in every state, as well.

Tionico

considering the results of the recent election specifically the Washington results, their response would be WHAT OATH?

Get Out

While perusing a couple of yard sales, found 2 MOLLE mag. pouches on a table with 30 round aluminum mags. in them. All six mags had some rust on the springs but appear in good working order. Lady wanted $25.00 and she took $20.00 for the lot.

Wild Bill

Cheated some woman out of $5. You should be ashamed of yourself.

Get Out

Nope, doubt anyone else would give her 25 either unless she was firm on the price, since you’d pay full price or more, hope to see you at my yard sale should I ever have one.

If you hesitate, some bolder hand will stretch out before you and get the prize. P.T. Barnum.

Wild Bill

In these hard times people have yard sales because they need the money. You should have given her the asking price because it was a bargain anyway, and she probably needed the money. Scrooge.

Get Out

I can see you now at the yard sale, Ma’am those are 30 round mags, and I’ll give you $20.00 per mag. and $10.00 each for the pouches too, here’s $140.00.

Wild Bill

If I over pay to to those that need it, it is moral, but cheating those that are over the barrel is immoral. The temptation and the choice is always up to each of us.

Get Out

She should have googled the mags worth and priced them accordingly. How did you determine she had fallen on hard times or was over a barrel? She wasn’t some bag lady on a street corner, she was in a nice house selling her unwanted items. No one was cheated otherwise she wouldn’t have agreed to the counteroffer.

Wild Bill

So now it is her fault. The rest that you have added, I do not believe because it is a self serving description. A device often used by amateur debaters.
This is the season of giving of ourselves not cheating others.

Last edited 16 days ago by Wild Bill
Get Out

Caveat venditor, seller beware.

Wild Bill

A tough guy, huh?

Get Out

Nope,
Caveat Emptor is for the buyer, the seller assumes the same risks as the buyer too.

Wild Bill

This whole line of twisted quaint Latin phrases does not get you off the hook. You are still a cheat in a situation where generosity was called for. And you expect all of the gentlemen here, to look up to you for it.

Get Out

Appears it’s your hang up and you’ll need to work it out for yourself, so as you say, Tough Bowel Movement.

Wild Bill

Hang up, no. I am not opposed to profit, if it is a moral one. Your profit was a pittance and you had to base it on cheating someone that needed the money. You are a little man. You could never have risen up to being a U.S. Marine.

Get Out

Wait, have we ever met, no? Do you know my life experiences to make unfounded assumptions like you do, no. You obviously don’t know what you’re yapping about? Perhaps you should let it go, and we’ll continue to agree to disagree.

Wild Bill

I only go by what you write in response to others, here. And there is plenty of evidence to support my conclusions, from your own interactions, here.

Get Out

Ok, guess we’ll have to agree to disagree.

Wild Bill

I would dearly like to meet you and add to your life experience. You do not have the pride and self discipline instilled in U.S. Marines.

Get Out

If you say so, it must be so.

Get Out

The next time the lady has a yard sale; she should google yard sale pricing tips.

Wild Bill

So you think that she is in poor enough financial condition that she will have another sale? You could redeem your self by going back and giving her the five bucks.

Get Out

Tell you what, if you feel so bad about the yard sale and the price, WE agreed on, go to your local food bank and give them a sizable donation to make yourself feel better.

Last edited 16 days ago by Get Out
Wild Bill

Yes, November is the month that my wife and I send checks to charities. Texas Food Bank is on the list. Also Mutts with a Mission, Hooves and Paws, Kindness Ranch, Castleton Ranch Horse Rescue, Four Corners Horse Rescue, Red Rover, Ring Dog Rescue, North Shore Animal League, Red Bucket, and fifteen other charities.

Get Out

Good for you, add the $5.00 and let’s move on.

Wild Bill

I do not think that the issue is my five dollars. I think that the issue is your greed and self centered approach toward others. You act that way here and apparently out in public.

Get Out

Let’s ask if posters here, if they go to a yard sale and pay the asking price for used property? Do the posters haggle and ask for a reduction in price or not? Has a poster had a yard sale to get rich or just to reduce the clutter in their homes?

If you’re unable to let it go, tough tuchus, it’s your problem, deal with it.

Wild Bill

Let’s ask the gentlemen, here, if they would go to a yard sale, cheat some poor woman out of five dollars, and then brag about it to everyone in listening distance.
The problem is greed leading to inhumanity, and it is yours.

Last edited 15 days ago by Wild Bill
Tionico

when the seller and the buyer come to agreement on the merchandise and the price for it, there is a deal struck. End of story. She probably had no idea what she had, nor did she care. One more empty space on the table, and one more sawbuck in her money poke.

Wild Bill

Actually that is not the end of the story, but rather the beginning. In these tough times, taking advantage of a person’s lack of knowledge or financial position it is incumbent on each of us to have a little mercy on those in need. Otherwise we are no better than bankers, used car salesmen, insurance salesmen, politicians, or the robber barrons.

Get Out

Caveat venditor, seller beware.
I believe you’re a tad jealous. Doubt too many gun owners would pass up a deal like that either.

Wild Bill

Jealous over a five dollar saving? Hardly. I am disappointed in you for cheating some woman that probably needed the money, and then bragging about it. Did you think that we would all look up to you?

Get Out

Could care less, want to buy some mags, 20 a pop.

Wild Bill

We are all immoral because greed is in our nature. What you have done, however, is nothing to brag about.

Get Out

Damn, now you’re making me feel really bad, the next time I find an undiscovered Vincent van Gogh painting, I’ll inform the seller he has a big$$$ painting and should up the price. Snort.
Insert “Blow a raspberry” here.

Wild Bill

God entrusted you with a small chore, and you failed. Why would God trust you with a difficult chore?

Get Out

How do you know it wasn’t Sky Six guiding me to that table to make the ultimate deal on those mags?

Get Out

This is going to make you even more livid with your holier-than-now attitude. She had Lodge Cast Iron 5-piece skillets priced at $65.00 and I offered $50.00 which she agreed too.

Wild Bill

I am glad that you mentioned this because it evidences what I have been saying here. You’d do better just shutting up

Get Out

Ooh, someone’s getting a little peeved now. Want to buy some used cast iron, $325.00 unless you feel guilty and will offer more?

Nick

It’s Ammoland’s favorite fake Marine again! This time he’s talking about…
Does he know what he’s talking about, with out the aid of Wikipedia?…

Get Out

Know-it-all nicky flapping his gums about zip. Would know-it-all nicky like to know the weapon Hererra is holding is a M249 SAW and not a M240 MG?

Wild Bill

He is right about one important thing … you.

Get Out

OK, help nicky out, what’s the weapon Herrera’s holding M249 SAW or M240 MG?

Wild Bill

Show me the picture. I’ll tell you what it is.

Get Out
Wild Bill

7.62 M 240 in one of its many configurations.

Get Out

Nope,
Pull up the article and look at Herreras left hand. Note the large hole his middle finger is near, that’s the hole that’s used to lock the pintle into when the M249 SAW is mounted on a tripod or mounted on top of vehicles.
The pintle mounting hole on the M240 MG is in the center of the gun and it’s situated there so the M240 can also be used with the Traverse & Elevation (T&E) mechanism.
Google M240 MG on a tripod.
Google M249 SAW on a tripod.

Wild Bill

I missed that and the cartridges looked like 7.52.

Nick

Funny, you need help identifying a weapon you claim is a M249 SAW and claim to have been issued in the Marine Corp, in 1975… A full ten years before it was adopted.

The machine gun Hererra has is a M240.

Get Out

Still waiting for you to post the lie and your deception.

Nick

Just an Amicus Brief? Why not actually sending in your lawyers to help fight? Oh, yeah, your lawyer Bill Brewer is a rabid anti gun Dem mega donor, whom you’ve paid at least $300 million to, to help keep you crooks out of the pen for stealing members dues for the last 40 years.

National Rifle Association should be renamed, Negotiating Rights Away. You all have been very good at that for 90 years… Remember the NFA?
You’re rotten to the core. No serious gun owner would donate to you.

Wild Bill

To send your lawyers you have to be a party or get special permission from the court.

Nick

Duh. The NRA should take part in the lawsuit! But, they don’t really care about 2A.

Wild Bill

To be a party the entity must have ‘Standing’.

Nick

The NRA sues all the time, why can’t they sue now, as long as they had a member in Washington who wanted to be a plaintiff?

Wild Bill

There has to be a “case in controversy” and to be a party the entity must have standing to complain. These are very basic civil procedure concepts.

Nick

Yes, like a member who’s in Washington, so NRA can bring forth the suit…
Oh so basic.

Wild Bill

So now you are saying an aggrieved NRA member, maybe, but the court gets to decide the issue, and if they think that the member is a front, then the court can deny standing.
And yes these are basic, and you did not know about this one facet until I instructed you. So don’t pat yourself on the back. Go get some education.

Nick

Yes of course, I’m the numbskull and you’re some god like creature full of infinite knowledge.

Wild Bill

Admit that you are no lawyer, and go remedy that.

Silver Creek

What would you like the NRA to do?
Are you a attorney?

Maybe they should get into a fist fight with the politicians in Washington State?

Even the pro gun groups in Washington State can’t seem to stop the local politicians from passing gun control blaws.

Washington State and Oregon politicians are Soros agents. They now down and obey their masters Soros.

Washington State, Oregon and Colorado are trying to be more far leftist than commiefornia is!

Last edited 16 days ago by Silver Creek
Nick

Well regarding the NRA aka Negotiating Rights Away, I was being somewhat sarcastic. They’ve been selling out the 2A for the past 90 years, we’re all better off with out them.

But to your larger point, the reason the left has taken over the left coast, and other places is because they CAMPAIGN!! They get out the vote!

So, is your solution to the coming leftist utopia simply for the right, and 2A groups and all the other types of groups to just throw up their hands and surrender?

If that happens…

Wild Bill

Sure you were.
No, wrong again. If we can get the left to revolt after Trump is the National Command Authority, then we can use the Army to put down their armed revolt. Just like the left was planning for us.

Nick

So you’re first solution is a civil war?
I’d prefer that to be the last option.

Wild Bill

Once again, it is not about you. Prior to Trump’s election, many people here wanted armed lethal civil war. My position was that the left would be in a position to use our own military against them, and that if they wanted civil war they should wait until we were in power and could use the military against them.
Soon we will have the power and the many civil war advocates are silent.