HAPPENING TODAY (1/14) @ 9 AM: TVW to livestream SCOWA oral arguments in *Gator's Custom Guns* mag sales ban case

Today, the Supreme Court of Washington (SCOWA) held the long-awaited oral arguments in State of Washington v. Gators Custom Guns, Inc., et al. This event represented the first official oral arguments heard by SCOWA this year, following yesterday's swearing-in ceremony.

Watch the video replay here: https://tvw.org/video/washington-state-supreme-court-2025011110/?eventID=2025011110

What this case is about

The question before the Court: Does a ban on the manufacture, import, and sale of large capacity magazines (LCMs) violate the right to bear arms?

What each side is asking for

  • Silent Majority Foundation — arguing on behalf of Gator's Custom Guns — is asking SCOWA to affirm the trial court ruling that granted summary judgment to Gator's Custom Guns. If SCOWA affirms the trial court's ruling, the state's ban on LCM manufacture/import/sales in Washington would be struck down.
  • The State of Washington (being led by outgoing AG Bob Ferguson's legal team) is asking SCOWA to reverse the superior court’s grant of summary judgment to Gator’s Custom Guns and its denial of summary judgment to the State, and remand the case to a different superior court judge for further proceedings.

What to watch for

  • Washington's state constitution on its face provides a strong individual right to bear arms. Will SCOWA take their duty seriously and read state and federal constitutions liberally in favor of our rights? Or will SCOWA emulate the fuddery of Commissioner Michael Johnston and take a page from Hawaii's Supreme Court "aloha spirit" decision that crassly repudiated Bruen?
  • Justice Sheryl Gordon McCloud — author of the state's Blake decision that ruled that WA's ban on simple possession of a controlled substance violated the due process clause of the state and federal constitutions — would have effectively let Judge Bashor's ruling stay in effect throughout SCOWA's consideration of this case. Will this "tireless defender of individual rights" ultimately unite a coalition on this issue?
  • Either way, the reasoning in SCOWA's forthcoming Gator's Custom Guns decision will no doubt be cited in future AWB litigation that should make its way to SCOWA by 2049.

Important case docs

Case docs and other info can be accessed through the Appellate Records Search (Case #1029403), the Odyssey Portal (Case #23-2-00897-08), and the WA Supreme Court Orders Page. Here's a list of a few important docs:

Amicus briefs in support of Gator's Guns / Pro-2A

Amicus briefs against Gator's Guns / Anti-2A

Archive of case links

UPDATE: SCOWA held oral arguments this morning. Much of the discussion was centered on whether a large capacity magazine constitutes an "arm" for purposes of state and federal constitutions.

I will have to doublecheck the video, but I don't think we heard from all of the justices today. Justice Gordon McCloud was the only one IMO that seemed reasonably informed of the case and historical background, and thoughtfully engaged both sides.

OTOH, Justice Whitener seemed to understand that the magazine is an essential component of a semiautomatic firearm but suggested the state might have some authority to regulate capacity. Justice González conflated the NFA definition of firearm with the general federal definition of firearm and noted that none specifically mentioned magazines. Justice Montoya-Lewis seemed pretty lost, she asked basic questions of the elements of the law as if she had no clue.

Overall, I'm a bit disappointed with the format and questioning in today's oral arguments, and I fail to see how this approach could have helped the justices resolve any of these important questions. The replay is available here.