"Who gave the state the authority over a constitutional right of the people..."

Update after Oral Arguments in Gators Guns

Jan 21, 2025

Hello everyone! As many of you know Silent Majority Foundation presented oral arguments before the Washington State Supreme Court on January 14, 20251, advocating for the preservation of an April 2024 ruling by Cowlitz County Judge Gary Bashor, which deemed the state’s ban on so-called “large capacity magazines,” enacted through ESSB 5078, unconstitutional2. A mere 88 minutes later, the Washington State Supreme Court Commissioner at the request of Attorney General Bob Ferguson, issued an Emergency Stay on the ruling stating that3

“LCMs are not arms protected by either the state or federal constitutions, and even if they were, restricting their sale is a reasonable regulation consistent with our nation’s history.”4

While the state and organizations like Brady Center to Prevent Gun Violence, NAACP and Alliance for Gun Responsibility contend that magazines holding more than 10 rounds pose a unique and dangerous threat to public safety, warranting their prohibition, this stance is neither factual,5 nor constitutional.

This weeks’ oral arguments opened with Washington Solicitor General Noah Purcell raising the same tired statement that banning so-called LCM’s is “likely to reduce gun violence,” affording ESSB 5078 constitutional protections. Justice Sheryl Gordon McCloud asked several questions about the constitutionality of such a ban, under both Article I, Section 246 of the Washington State Constitution and the Second Amendment of the US Constitution. This provision explicitly states, “The right of the individual citizen to bear arms in defense of himself, or the state, shall not be impaired.” The State, using its best mental gymnastics, noted that the magazine is not an arm, and is subject to restriction without risk of infringing the Peoples’ right to bear arms.

SMF’s case is simple: YOUR right to bear arms enshrined in the Washington and U.S. Constitutions cannot be eroded through restrictions that redefine the term “arm.” While state constitutions can expand individual freedoms, they can never undermine the fundamental liberties guaranteed to the people through the Constitution of the United States. The State’s efforts to advance “public safety” does not give it a blank check to erode our rights, and we know that when we give just a little, the State takes a lot, which highlights the importance of this fight. After all, we know that the State will continue to create “data” and “common sense public safety” policy and arguments to whittle away your Constitutionally guaranteed rights until we have nothing.

“I think the possession of them [large capacity magazines] would necessitate that they are being used for defense of the state. It is to prevent, even prophylactically, tyranny of the government. That is one of the undergirding principles of the right to bear arms, and I believe the possession of these things supports that exercise of the right.” - Austin Hatcher

We believe that throughout the 45-minute hearing, the Supreme Court justices were generally balanced with their questioning. Please remember that this hearing is the culmination of 1,000s of pages of written arguments and supporting documents, which the Justices can reference as they draft their opinion. SMF expects a response from the Supreme Court within the next few months, and we’re prepared to take the next steps, including an appeal to SCOTUS, if necessary.

We appreciate your continued support of SMF and Wally Wentz throughout this case. We cannot allow the State’s persistent degradation of OUR rights! Our founding fathers understood well the threat of tyranny - may we not forget this reality. We encourage you to become a Member of Silent Majority Foundation to support this case and our several other cases that protect YOUR Rights! Our members provide the backbone for our Foundation, providing organizational standing, community and funding. Become a 2025 SMF Member today!

Join SMF Today