Posted on 12/14/2022 3:28:59 AM PST by marktwain
The Attorney General of Washington State filed a consumer protection lawsuit against Federal Way Discount Guns, claiming the store illegally sold magazines that held more than 10 rounds of ammunition.
It has generally been illegal for anyone to sell magazines that hold more than 10 rounds of ammunition in Washington State, since July 1st of 2022, this year. There are some specific exceptions. The law is being contested in the courts. From the complaint:
Plaintiff State of Washington, by and through its attorneys Robert W. Ferguson, Attorney General, and Ben Carr, John Nelson, and Bob Hyde, Assistant Attorneys General, brings this action against Defendants Federal Way Discount Guns, LLC, and its owner Mohammed Baghai. The State alleges that Defendants engaged in unfair and deceptive acts or practices, as well as unfair methods of competition, in violation of the Consumer Protection Act, RCW 19.86, and RCW 9.41.375. The State alleges the following on information and belief.
When the law was passed, it contained both a straight criminal statute, RCW 9.41.370, and a strange criminal statute that defines the distribution of magazines as an “unfair method of competition” under 9.41.375. This allows a civil suit to be brought to the court. From wa.gov:
RCW 9.41.370
Large capacity magazines—Exceptions—Penalty.
(1)
No person in this state may manufacture, import, distribute, sell, or offer for sale any large capacity magazine, except as authorized in this section.
RCW 9.41.375
Large capacity magazines—Unfair method of competition.
Distributing, selling, offering for sale, or facilitating the sale, distribution, or transfer of a large capacity magazine online is an unfair or deceptive act or practice or unfair method of competition in the conduct of trade or commerce for purposes of the consumer protection act, chapter 19.86 RCW. [2022 c 104 § 4.]
Civil suits are easier to prosecute
(Excerpt) Read more at ammoland.com ...
What theory of damages is he suing under. Did he sell a magazine with ten rounds to a mass shooter who shot twelve people instead of just ten? You can even shoot twenty people or even thirty with ten-round magazines. Just carry two or three of them to your psychotic episode.
SCOTUS...Unanimous decision...2016
Thank you, AG, for providing “standing” in the 2nd amendment case that’ll make it all the way to SCOTUS.
AG Ferguson goes after law abiding citizen’s rights protected by the Federal and State Constitutions, but he refuses to prosecute judges and state Supreme Court Justices for whom he as uncontroverted proof of crimes against citizens he knows about.
I’m one of those victims.
One should also read up on Citizen Activist Tim Eymann AG Ferguson has been trying to destroy because Eymann is the Washington State Initiative King. In doing so, Ferguson and the Corrupt Judiciary are twisting statutory and ignoring US Circuit and SCOTUS decision that protect his constitution rights to petition the government, right to freedom of association, free speech, and to earn a living from personal donations to himself.
When the general population is unarmed, then a gun with one bullet is the problem. Of course when no guns exist, then a baseball bat is the problem.... or knife, tire iron, fry pan, electrical cord, pencil..... Where does it end? People kill, not inanimate objects.
“Eymann is the Washington State Initiative King”
Well the failed initiative king anyway.
I hope you enjoy your $30 car tabs
Ask Kyle Rittenhouse if 10 bullets was enough.
Don't laugh...
From "By Tom Knighton | 6:00 PM on April 09, 2018, Bearing Arms"
a large capacity magazine online is an unfair or deceptive act or practice or unfair method of competition in the conduct of trade or commerce for purposes of the consumer protection act
= = =
If criminals were limited to ten rounds also, then a citizen with more rounds has the unfair advantage, right?
Hey, if this is a law, just prosecute for that violation, why some lawsuit?
Distributing, selling, offering for sale, or facilitating the sale, distribution, or transfer of a large capacity magazine online is an unfair or deceptive act or practice or unfair method of competition in the conduct of trade or commerce for purposes of the consumer protection act, chapter 19.86 RCW. [2022 c 104 § 4.]
= = =
This says ‘online’. Many gun stores carry large capacity magazines, for sale to cops, or out of state, if their state is restrictive. So this ‘online’ part is not clear to me.
And is selling a 100 round mag more unfair competition than selling a 50 round mag?
It is impossible to make sense of an insane (not sane; not logical) law.
Note that a standard govt Model 1911 magazine will hold more than ten rounds of .22 LR, topped off with one 45 ACP.
So those mags fit the defn of large capacity.
I think the Washington Legislative moonbats thought/think they could use it to take on Red Dot, Dirt Cheap, Gun Broker or some other national online gun/ammo/equipment seller...
Bet there will be a big uptick of business at gun stores in Idaho. Wonder if Washington state will put checkpoints along the state line.
Yeah, maybe so. But good luck with that.
Midway, for example, is very careful not to risk their business to prosecution or lawsuits by dealing certain items to Calif.
Sad for Calif, but I understand.
Just filing lawsuits, even if unfounded, is ‘lawfare’.
This is actually a good thing for the citizens if not so good for this gun store. The owner of the gun store how has iron clad standing to challenge the constitutionality of this unconstitutional law.
Poster child for restorative justice Nicolas Cruz did just that.
I no longer live in Washingon, but Eymann has offered to pay $30 to renew his car tabs, but the state refuses to take it. He hasn’t renewed his tabs since the initiative was passed by the voters. AG “Sideshow” Ferguson has made no attempt to get him to pay more than that.
Eymann is a hero to the taxpayers of Washington.
Because it is an unconstitutional attempt to limit the rights provided for in the US Constitution’s 2nd Amendment.
Ferguson also knows he’d never get a conviction if there were criminal penalties in the alleged statute; and there aren’t.
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