OLYMPIA, WA (MyBellinghamNow.com) – A judge ruled that Washington’s ban on high-capacity ammunition magazines is unconstitutional, but the law will remain in effect while the state appeals the decision.

Cowlitz County Superior Court Judge Gary Bashor ruled that the ban on magazines that hold more than 10 rounds violates both the Washington state and U.S. constitutions.

Bashor wrote that the state needed to show a historical law, formed at around the time of the Second Amendment adoption, that justifies its current regulation. Bashor also issued an immediate injunction to stop the state from enforcing the ban.

Attorney General Bob Ferguson filed an emergency appeal to the state Supreme Court seeking to keep the law in effect during the appeals process, calling Bashor’s decision incorrect.  That was granted Monday, and the ban will stay in place for now.

Since July 2022, it has been illegal under state law to manufacture, distribute, sell or offer for sale gun magazines that hold more than 10 rounds of ammunition, with limited exceptions.

Backers of the bill said at the time the law could reduce the carnage seen in mass shootings because people could have the chance to escape or stop a shooter in the time it takes to reload the weapon.