OLYMPIA, Wash. – Washington Supreme Court Commissioner Michael Johnston heard Wednesday arguments on a stay on a lower court decision arguing that the state’s high-capacity ban is unconstitutional.
Johnson opened the hearing by offering a personal anecdote relating to his own relationship with firearms.
“A personal side note: I’m a gun enthusiast,” Johnston said.
He stated that he owns a Remington, and even jokingly speculated that he is responsible for a type of brown squirrel in Spokane County being placed on the endangered species list.
The commissioner emphasized that he is not making a final ruling on the constitutionality of a high-capacity magazine ban, but rather making a determination as to whether there are debatable legal issues at play which could later be elevated to the Washington Supreme Court justices.
“I’m not deciding whether the Court is right or wrong, I’m doing issue spotting…What I’m looking for is if there are any debatable issues,” Johnston said.
Washington State Attorney William McGinty argued that several debatable issues are present, while Gator’s Custom Guns’ attorney Austin Hatcher asserted that the state failed to prove the existence of any debatable issues to be elevated to an appellate court.
Johnston expressed skepticism toward Hatcher’s argument for the value of high-capacity firearms for self defense, but did not ultimately side with either attorney.
“Hopefully early next week I can get a ruling out,” Johnston said.
The case could appear before the Washington Supreme Court later this year.
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