At the beginning of March this year, Washington passed SB5078. This bill prohibits the making, distribution, and sale of firearm magazines that can hold more than 10 rounds. Many legislators within Washington have been trying to pass a ban on high-capacity magazines for years, but up until now, have not had luck. Let's take a look at at this recently passed bill and other "large-capacity" bans.
Brief Context
In 2016 Washington experienced a mass shooting, the Mukilteo shooting, where gunman opened fire on a house party, and shot and killed three people and injured another. The gunman had to stop shooting after running out of ammunition, something many believed saved lives that day. In 2016, Democrats in the state filed HB2354. Bob Ferguson, Washington State Attorney General, took on the mission to pass this type of legislation in September 2016. At a press conference, Ferguson stood beside parents of shooting victims, legislators, city officials, law enforcement, and others and vowed to continue proposing legislation to ban the sale of high capacity magazines every year until it passed. HB2354 failed that year.
More recently in 2020, Democrats tried again with HB2240. This version of the bill failed after Republicans filed 120 amendments. The bill was pulled from consideration by the full House before a final vote could be taken because debating the 120 amendments could have taken days or weeks of floor debate. In 2020, a poll by Crosscut/Elway Poll found that 65% of Washington state respondents favored regulating or banning high-capacity magazines for guns.
What does this bill do?
WA SB5078 aims to "address firearm safety measures to increase public safety". The legislation limits not just magazines for rifles that hold more than 10 rounds, but it also restricts the sale of magazines used in many handguns.
A "large capacity magazine" is defined as "an ammunition feeding device with the capacity to accept more than 10 rounds of ammunition, or any conversion kit, part, or combination of parts, from which such a device can be assembled if those parts are in possession of or under the control of the same person, but shall not be construed to include any of the following:
- An ammunition feeding device that has been permanently altered so that it cannot accommodate more than 10 rounds of 40 ammunition
- A 22 caliber tube ammunition feeding device
- A tubular magazine that is contained in a lever-action firearm."
Instead of focusing on possession of high-capacity magazines, this legislation places the onus on magazine suppliers. The bill makes the sale, offering for sale, or distribution of a prohibited magazine a violation of the state’s Consumer Protection Act. If a seller violates this prohibition, they can be convicted of a gross misdemeanor. In Washington, gross misdemeanors can bring up to 364 days in county jail or fines up to $5,000.
There are a few exceptions outlined in the legislation: corrections officers and law enforcement, members of the armed forces or Washington’s National Guard, and licensed firearms dealers that sell to these institutions are exempted from the prohibition. The bill also includes an emergency clause - making the ban effective immediately after the governor’s signature and eliminating a possible referendum on the legislation.
The bill's sponsor, Senator Marko Liias, had this to say about the legislation, “On July 30, 2016, I vowed to myself and to my community that I would do everything in my power to ensure that no family has to go through what our community went through. This measure will make Washington a safer place.”
AG Bob Ferguson released a statement related to this legislation saying "Today is the fulfillment of years of hard work from so many. More than five years ago, I stood with the parents of shooting victims, legislators, mayors, police chiefs and representatives from faith communities to say enough is enough and proposed banning the sale of high capacity magazines in Washington state. Today our Legislature chose public safety over the gun lobby, and I am deeply appreciative of their service. This policy will save lives and make our communities safer from gun violence."
Are other States doing this?
Nine other states and Washington DC restrict the sale of high-capacity magazines. California, Colorado, Connecticut, District of Columbia, Hawaii, Maryland, Massachusetts, New Jersey, New York, and Vermont each have their own specific regulations regarding large-capacity magazine restrictions.
California's ban was passed in 2000, but was brought to the 9th U.S. Circuit Court of Appeals and was reinstated just last year. The majority reasoned that "the record demonstrates that the limitation interferes only minimally with the core right of self-defense, as there is no evidence that anyone ever has been unable to defend his or her home and family due to the lack of a large-capacity magazine; and ... that the limitation saves lives." Massachusetts' ban (passed in the 90s) prohibits the sale, offering for sale, transfer, or possession of a large capacity feeding device unless such device was lawfully possessed on September 13, 1994.
The Connecticut law defines “large capacity magazine” to mean any firearm magazine, belt, drum, feed strip, or similar device that has the capacity of, or can be readily restored or converted to accept, more than 10 rounds of ammunition. This bill was passed after 20 children and six educators were killed in one of the worst mass shootings in the nation's history, the Sandy Hook Elementary School shooting.
Colorado's ban was passed after the Aurora theater massacre. Their bill prohibits the sale, transfer and possession of a “large-capacity magazine". Any large-capacity magazines manufactured in Colorado after July 1, 2013 must include a permanent stamp or marking indicating that the large-capacity magazine was manufactured or assembled after July 1, 2013. If someone owned a large-capacity magazine before July 1, 2013, they are exempted from the legislation. The ban does not apply to military or police agents that carry a firearm in the course of their official duties.
New Jersey's ban started in 1990, when they outlawed magazines capable of accepting more than 15 rounds. In 2018, the legislature redefined “large capacity ammunition magazine” to have a 10-round limit. New York's ban passed in 2013 and outlaws semi-automatics that accept detachable magazines and have one or more military-like features.
Hawaii's ban prohibit the "manufacture, possession, sale, barter, trade, gift, transfer, or acquisition of detachable ammunition magazines with a capacity in excess of ten rounds which are designed for or capable of use with a pistol." Maryland's ban states it is illegal to purchase, sell or manufacture magazines with a capacity of greater than 10 rounds within Maryland unless the magazines in an individual's possession greater than 10 rounds if purchased out of state. Vermont's ban prohibits the purchase of high-capacity magazines while excluding antiques, replicas and long guns with lever or bolt action. Possession of high-capacity magazines that were purchased before the enactment date is grandfathered.
Conclusion
In 2017, the Las Vegas shooter used an assault rifle with a bump stock and large-capacity magazine, enabling him to shoot 90 rounds within ten seconds. The shooter killed 50 people and injured hundreds. Many people believe when the capacity of ammunition magazines is limited, lives are saved. Because shooters must stop and reload their firearms while shooting, this extra time can allow people under attack to run away. It can also provides more time for law enforcement to arrive and respond to the emergency.
I am interested to see what happens to this legislation if/when Governor Inslee signs the bill.
Cover Photo by STNGR Industries on Unsplash
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