Did the Washington AG Just Fall Into a Trap?

Published on September 16, 2023
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William Kirk of Washington Gun Law analyzes Attorney General Bob Ferguson's lawsuit against Gator's Custom Guns for alleged sales of high-capacity magazines. Kirk highlights the AG's strategy of using the Consumer Protection Act for significant fines and discusses the potential 'trap' set by suing in Cowlitz County, a more conservative venue, for a constitutional challenge to Washington's magazine ban.

Quick Summary

Washington's Attorney General is suing Gator's Custom Guns for allegedly selling over 11,000 high-capacity magazines, potentially facing fines exceeding $85 million. The lawsuit's venue in conservative Cowlitz County may be a strategic 'trap' for the AG, offering a more favorable environment for challenging the state's magazine ban.

Chapters

  1. 00:00Introduction to the AG Lawsuit
  2. 01:02Allegations and Potential Fines
  3. 02:01Legal Framework: SSB 5078
  4. 03:17Previous Enforcement Actions
  5. 04:49The 'Trap': Cowlitz County Venue
  6. 06:30Constitutional Challenges and Venue Strategy

Frequently Asked Questions

What is Washington's Attorney General suing Gator's Custom Guns over?

Washington's Attorney General Bob Ferguson is suing Gator's Custom Guns for allegedly selling over 11,000 high-capacity magazines (over 10 rounds) after the state's magazine ban, SSB 5078, took effect. The AG alleges blatant violations and seeks significant civil fines.

What is the potential financial penalty for Gator's Custom Guns?

The lawsuit alleges the sale of 11,408 high-capacity magazines. With potential fines of $7,500 per magazine, the total liability could reach over $85 million, which is a devastating financial risk for the gun store.

Why is the choice of Cowlitz County significant in this lawsuit?

The lawsuit against Gator's Custom Guns was filed in Cowlitz County, which has trended significantly conservative. This venue is considered more favorable for a constitutional challenge to the magazine ban compared to liberal counties like King or Pierce, potentially setting a strategic 'trap' for the AG.

How does Washington law classify violations of the magazine ban?

Under RCW 9.41.375, violations of Washington's magazine ban (SSB 5078) are classified as breaches of the Consumer Protection Act. This allows the Attorney General to pursue substantial civil penalties against businesses found in violation.

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