Why Washington Will Still Ban Magazines

Published on September 26, 2023
Duration: 11:27

William Kirk, President of Washington Gun Law, analyzes the recent denial of an injunction against Washington State's magazine ban in *Brumback v. Ferguson*. The ruling contrasts with Judge Benitez's stance in *Duncan v. Bonta*, with the Washington court finding that magazines are not protected 'arms' under the Second Amendment due to insufficient historical evidence. The ban remains in effect, and an appeal to the Ninth Circuit is anticipated.

Quick Summary

In *Brumback v. Ferguson*, Washington's magazine ban was upheld as a preliminary injunction was denied. The court ruled that magazines are not 'bearable arms' protected by the Second Amendment due to insufficient historical evidence, contrasting with Judge Benitez's view in *Duncan v. Bonta* that magazines are essential for self-defense.

Chapters

  1. 00:00Introduction: Bad News for Washington
  2. 00:22Washington Magazine Ban Ruling
  3. 00:56Case Background: Brumback v. Ferguson
  4. 01:42Injunction Denied in Washington
  5. 02:33Court's Reasoning for Denial
  6. 03:41Magazines as Firearm Parts, Not Arms
  7. 04:27Burden of Proof & Historical Record
  8. 06:47Contrast with Duncan v. Bonta
  9. 08:02Magazines as Ancillary Rights to Self-Defense
  10. 08:48Ninth Circuit's Previous Stance
  11. 09:23Next Steps: Appeal to Ninth Circuit
  12. 10:08Current Status & Disappointment

Frequently Asked Questions

What was the outcome of the *Brumback v. Ferguson* case regarding Washington's magazine ban?

The court denied the motion for a preliminary injunction against Washington's magazine ban. Judge Mary Kay Dimke ruled that magazines do not constitute 'bearable arms' protected by the Second Amendment, citing insufficient evidence and unsettled legal areas.

How does the *Brumback v. Ferguson* ruling differ from Judge Benitez's decision in *Duncan v. Bonta*?

In *Brumback*, the court found magazines unprotected by the Second Amendment. Conversely, Judge Benitez in *Duncan v. Bonta* viewed magazines as essential 'usable arms' crucial for self-defense and thus protected under the Second Amendment.

What is the legal basis for the court's decision in *Brumback v. Ferguson*?

The court's decision was based on the finding that plaintiffs failed to provide sufficient historical evidence to prove that magazines are 'arms' protected by the Second Amendment. The ruling emphasized that magazines are considered parts of firearms, not weapons themselves.

What are the next steps for challenging Washington's magazine ban?

Plaintiffs may appeal the ruling to the Ninth Circuit Court of Appeals. There is a possibility of consolidating this case with other ongoing challenges to magazine bans, such as *Duncan v. Bonta* and *Baird v. Bonta*.

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