Gator's Magazine Ban Case Stalls as SCOTUS Awaits Related Rulings

William Kirk of Washington Gun Law used a recent video to answer a question he says viewers keep asking: what is going on with the Gator's Custom Guns challenge to Washington's magazine-capacity ban. His answer is that the case isn't dead, it's parked, waiting on the U.S. Supreme Court to rule in two related cases first.

Snapshot

Kirk explains that the Supreme Court agreed to hear Vermont v. Cook County and Grant v. Higgins, two assault-weapons-ban challenges, while holding Gator's Custom Guns and two other magazine-related cases in reserve. He predicts the court will eventually send Gator's back to the Washington State Supreme Court through a GVR order once the pending cases are decided, likely around mid-2027.

Key points

• Five cases, two tracks: Kirk walks through Duncan v. Bonta, NAGR v. Lamont, Vermont v. Cook County, Grant v. Higgins, and Gator's Custom Guns, noting only the two assault-weapon cases were accepted for argument, set for December 2.
• GVR expected: Kirk says the Supreme Court is likely holding Gator's and two companion magazine cases so it can grant, vacate, and remand them once Vermont and Grant are decided, sending Gator's back to the Washington Supreme Court for a "doover" around summer 2027.
• New Jersey wrinkle: Kirk flags Davenport v. JRPC, where the Third Circuit struck down New Jersey's magazine and assault-weapon bans, directly conflicting with the Washington court's reasoning on every major point, he says.
• Petitioners pushing back: Attorneys Clement and Murphy, representing Gator's with Silent Majority Foundation, filed an August 3 brief urging the justices to take up the magazine issue now rather than keep waiting, according to Kirk.
• History as caution: Kirk notes that after the 2022 Bruen-era GVRs, none of the four remanded cases actually changed outcome, tempering expectations for what a Gator's remand might accomplish.

Quick take

Kirk's rundown is useful mainly for setting realistic expectations: nothing is moving on Gator's Custom Guns until the Supreme Court rules on the assault-weapons cases, and even then a remand doesn't guarantee a different result at the Washington Supreme Court.

Watch the full video: Washington Gun Law