Explore The NRA Universe Of Websites

APPEARS IN News

Another Court Determines Magazines Aren’t “Arms” in Upholding Arbitrary Limits

Monday, May 19, 2025

Another Court Determines Magazines Aren’t “Arms” in Upholding Arbitrary Limits

Last week, the Washington State Supreme Court upheld the state’s ban on magazines that hold over ten rounds, overturning a lower court order that had deemed it unconstitutional. The 7-2 decision in State v. Gator’s Custom Guns affirmed a state law enacted in 2022 that prevents the sale, manufacture and import of ammunition magazines that hold more than 10 rounds. The two- year legal challenge in which NRA filed an amicus brief stems from a Washington state gun shop that faced a civil lawsuit regarding the sale of the banned magazines. The shop later sued on constitutional grounds, with the lower Superior Court Judge siding with the gun store before the case ended up before the state Supreme Court for review.

Central to the state Supreme Court’s conclusion was that so-called “large capacity” magazines that can hold more than 10 rounds of ammunition are not considered “arms” but are an accessory that can be regulated without violating rights held under either the state or the United States constitutions. This rationale is an unfortunate and increasingly familiar one. Much of the opinion centered around a textual analysis of what is considered an ‘arm,’ as well as the contention (farcical on its face) that “large capacity” magazines are not used for self-defense.

There is an unfortunate trend for courts to uphold restrictions on the basis that the item in question is not an "arm," as a means of bypassing both Heller’s “common use” test and Bruen’s holding that government must justify limitations on Second Amendment rights by demonstrating consistency with historical tradition of firearm regulations.

Two justices dissented pointing out that the Washington law regulates how citizens use and possess arms, therefore it is, in fact, problematic in limiting Second Amendment rights. The dissenting judges also opined that the Second Amendment protects firearms for lawful purposes beyond self-defense to other legal uses and noted that it was “hard to imagine a semiautomatic firearm fulfilling its key purposes, including the purpose of self-defense, without a magazine.”

While the superior reasoning of the dissent did not carry the day, it does at least help lay out yet another pathway for an appeal to the U.S. Supreme Court, which to date has kicked the magazine can down the road, even as the lower courts stray ever farther afield of its precedents.

The Washington ruling is similar to the recent decision in Duncan v. Bonta, an NRA-backed challengedecided by the U.S. Court of Appeals for the Ninth Circuit, which ruled that magazines are not “arms” protected by the Second Amendment despite being essential to the function of the firearm. The four dissenting judges argued that the ban is unconstitutional. Next up will be another petition to the U.S. Supreme Court to review the case.

With 14 states having some form of ban or capacity limitation on magazines, NRA has long been fighting in legislatures and various courts, including more recent efforts such as Association of New Jersey Rifle & Pistol Clubs v. Attorney Gen. That case is NRA’s challenge to New Jersey’s ban on “assault firearms” and standard 10+ round magazines. In July 2024, the district court upheld the magazine ban while holding the “assault firearm” ban unconstitutional as applied to the Colt AR-15.  The case is pending in the U.S. Court of Appeals for the Third Circuit.

Hanson v. District of Columbia is a challenge to the District’s ban on standard magazines that hold over 10 rounds. After the D.C. Circuit Court of Appeals concluded that the ban is likely constitutional and denied a preliminary injunction, the plaintiffs petitioned the U.S. Supreme Court to hear the case. NRA filed an amicus brief supporting the petition, arguing that the Court’s precedents make clear that bans on common arms, including firearm magazines, violate the Second Amendment.

The procedural contortions in these various ongoing magazine ban cases grow more grating with each case. Recall that the U.S. Supreme Court rejected taking up the magazine ban issue in a Seventh Circuit ruling arising from an Illinois law. Justice Thomas did, however, state his view that “[t]he Seventh Circuit’s decision illustrates why this Court must provide more guidance on which weapons the Second Amendment covers” and is certainly correct that the Court will ultimately need to clarify the scope of the “arms” protected by the Second Amendment.  And this past January, the Court also rejected the appeals of gun owners from a Third Circuit Court of Appeals decision that denied an injunction against the state of Delaware's ban on so-called assault weapons and large capacity magazines.

The hope and necessity remain that this artificial distinction on magazine capacities will make its way on to the U.S. Supreme Court’ s docket sooner rather than later. Until then, NRA remains committed to ensuring the constitutional protection of all arms through strategic legislation and litigation nationwide.

TRENDING NOW
As the Court Decisions Roll In, Have Gun Controllers Finally Overplayed Their Hand?

News  

Thursday, July 2, 2026

As the Court Decisions Roll In, Have Gun Controllers Finally Overplayed Their Hand?

The final week of June brought a flurry of legal action on various gun control laws in the states.

Virginia Anti-gun Lawmakers Delay “Assault Firearm” Carry and Transportation Restriction

News  

Monday, July 6, 2026

Virginia Anti-gun Lawmakers Delay “Assault Firearm” Carry and Transportation Restriction

Virginia Governor Abigail Spanberger (D) and the General Assembly’s ruling anti-gun majority have delayed the enactment of one of their most controversial pieces of legislation, a severe restriction on Virginians’ ability to move about the ...

SCOTUS Agrees to Hear Challenges to “Assault Weapon” Bans

Wednesday, July 1, 2026

SCOTUS Agrees to Hear Challenges to “Assault Weapon” Bans

Today, the United States Supreme Court granted certiorari in two cases challenging bans on “assault weapons.”

Promises Made, Promises Kept: DOJ Keeps Up Second Amendment Offense

News  

Thursday, July 2, 2026

Promises Made, Promises Kept: DOJ Keeps Up Second Amendment Offense

We are not getting tired of heaping praise upon Harmeet Dhillon, Assistant Attorney General for the Civil Rights Division of the Department of Justice (DOJ), as she continues to push the envelope when it comes ...

NRA Secures Statewide Preliminary Injunction Against Virginia “Assault Firearm” and Magazine Bans

Monday, June 29, 2026

NRA Secures Statewide Preliminary Injunction Against Virginia “Assault Firearm” and Magazine Bans

In a major victory for the right to keep and bear arms, the Washington Circuit Court today granted a statewide preliminary injunction preventing enforcement of Virginia’s newly enacted “assault firearm” and magazine bans, finding that ...

Virginia: Democrats Kick the Can on Unconstitutional Boondoggle with Spanberger Budget Amendment

Monday, June 29, 2026

Virginia: Democrats Kick the Can on Unconstitutional Boondoggle with Spanberger Budget Amendment

Today, the Virginia General Assembly met in Richmond to approve or deny Governor Spanberger's proposed Amendments to the state budget. 

California: Anti-Gun Bills Advance as Legislature Breaks for Summer Recess

Thursday, July 2, 2026

California: Anti-Gun Bills Advance as Legislature Breaks for Summer Recess

The California Legislature will adjourn today, July 2nd, for its summer recess, but the fight to protect your Second Amendment rights is far from over. Several anti-gun bills have advanced through the legislative process and ...

Judge Rules Preliminary Injunction Against Virginia “Assault Firearm” and Magazine Bans Secured by NRA Applies Statewide

Wednesday, July 8, 2026

Judge Rules Preliminary Injunction Against Virginia “Assault Firearm” and Magazine Bans Secured by NRA Applies Statewide

In the NRA’s challenge to Virginia’s “assault firearm” and magazine bans, Santolla v. Katz, Judge Jeffrey L. Campbell of the Washington County Circuit Court issued a letter opinion yesterday making clear that the preliminary injunction ...

Grassroots Spotlight: GunCon 2026

Take Action  

Monday, July 6, 2026

Grassroots Spotlight: GunCon 2026

“GunCon 2026” brought gun owners, content creators, activists, and leaders from gun rights organizations together in Niles, Ohio, for a lively convention focused on community, conversation, and connection.

President Trump Reiterates Support for National Right-to-Carry Reciprocity and NRA

News  

Monday, June 29, 2026

President Trump Reiterates Support for National Right-to-Carry Reciprocity and NRA

During remarks to American workers at a Mack Trucks facility in Macungie, Pa. on June 23, President Donald Trump reiterated his support for National Right-to-Carry Reciprocity and NRA.  

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

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.