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
Federal Court Strikes Down NFA Registration Requirements for Suppressors, Short-Barreled Rifles, and Short-Barreled Shotguns in NRA Case

Wednesday, August 5, 2026

Federal Court Strikes Down NFA Registration Requirements for Suppressors, Short-Barreled Rifles, and Short-Barreled Shotguns in NRA Case

In another major victory for the National Rifle Association and law-abiding gun owners, the U.S. District Court for the Northern District of Texas today held that the National Firearms Act’s registration and approval requirements for ...

M14s Added to CMP Roster

News  

Monday, August 3, 2026

M14s Added to CMP Roster

Since 1903, the Civilian Marksmanship Program (CMP) has served a critical role in promoting America’s continued excellence in marksmanship and firearms safety by providing firearms education, training, and competitions nationwide

NRA Submits Comments on Several ATF Rulemakings; the Deadline for Your Input is Aug. 4!

News  

Monday, August 3, 2026

NRA Submits Comments on Several ATF Rulemakings; the Deadline for Your Input is Aug. 4!

This week, NRA submitted comments on several important ATF rulemakings.

Oregon’s Anti-Hunting Initiative Fails to Meet Signature Threshold

News  

Monday, August 3, 2026

Oregon’s Anti-Hunting Initiative Fails to Meet Signature Threshold

Recently, we alerted our members about an extreme ballot initiative in Oregon, which had the potential to put an end to not just hunting, fishing, and trapping, but traditional ranching and farming practices as well.

Punishing Imagination and Childish Impulses Won’t Keep Schools Safe

News  

Monday, August 3, 2026

Punishing Imagination and Childish Impulses Won’t Keep Schools Safe

As the calendar turns to August, many parents are starting the annual check of school supply lists, bus routes, and lunch packing routines.  

Court Stays NRA Challenge to Virginia’s “Assault Firearm” and Magazine Bans, Keeping Statewide Injunction in Place Until Supreme Court Rules on “Assault Weapon” Bans

Wednesday, July 29, 2026

Court Stays NRA Challenge to Virginia’s “Assault Firearm” and Magazine Bans, Keeping Statewide Injunction in Place Until Supreme Court Rules on “Assault Weapon” Bans

In the NRA’s challenge to Virginia’s “assault firearm” and magazine bans, Santolla v. Katz, the court today entered an order memorializing the parties’ agreement to stay the case until after the U.S. Supreme Court issues ...

NRA Files Amicus Brief Urging Indiana Supreme Court to Protect Associational Standing

Tuesday, July 28, 2026

NRA Files Amicus Brief Urging Indiana Supreme Court to Protect Associational Standing

The National Rifle Association joined a coalition of 23 nonprofit organizations, led by the ACLU of Indiana, in filing an amicus brief urging the Indiana Supreme Court to recognize the doctrine of associational standing. 

New Jersey: Third Circuit Grants Stay in AWB/Mag Ban Case

Tuesday, August 4, 2026

New Jersey: Third Circuit Grants Stay in AWB/Mag Ban Case

Today, the Court of Appeals for the Third Circuit granted the state's request for a stay pending its appeal to the US Supreme Court.

DOJ Withdraws Appeal in Challenge to Post Office Firearms Ban

News  

Monday, July 27, 2026

DOJ Withdraws Appeal in Challenge to Post Office Firearms Ban

Another significant victory has emerged in the ongoing effort to roll back unconstitutional restrictions on the right to bear arms in places that millions of law-abiding Americans visit every day in every state in towns ...

En Banc Third Circuit Strikes Down New Jersey’s “Assault Firearm” and “Large Capacity Magazine” Bans in NRA Case

Friday, July 17, 2026

En Banc Third Circuit Strikes Down New Jersey’s “Assault Firearm” and “Large Capacity Magazine” Bans in NRA Case

In a landmark victory for the Second Amendment and the National Rifle Association, the U.S. Court of Appeals for the Third Circuit today held that New Jersey’s bans on commonly owned semiautomatic rifles and magazines ...

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.