by NRA Staff - Tuesday, September 9, 2025
Continuing to look out for the rights of America’s millions of law abiding gun owners and Second Amendment freedom at every turn, on Sept. 8, the National Rifle Association filed an amicus brief urging the U.S. Supreme Court to grant certiorari certiorari, or judicial review, in a case challenging Washington State’s ban on firearm magazines holding more than 10 rounds. The case is an opportunity for the Supreme Court to resolve two key Second Amendment issues dividing the lower courts.
For background, Washington prohibits the manufacture, importation, distribution or sale of any ammunition-feeding device capable of holding more than 10 rounds of ammunition. On Apr. 8, 2024, a trial court held that the law violates both the U.S. and Washington State constitutions. On May 8, 2025, however, the Washington Supreme Court reversed the trial court’s decision and upheld the law, concluding that magazines are not “arms,” but rather “attachments to weapons, or accessories.”
The petitioners then asked the U.S. Supreme Court to hear the case at which point the NRA filed its second amicus brief in the case, pushing for the Court to grant the petition.
The brief underscores that this case is an opportunity for the Supreme Court to resolve two key Second Amendment issues that have divided lower courts. Its first point is that the Supreme Court could clarify that magazines are in fact “arms” under the Second Amendment’s plain text, regardless of capacity. Second, the Supreme Court could clarify that consideration of whether an arm is “common”—as opposed to “dangerous and unusual”—is a question of historical tradition rather than textual analysis.
The petition in this case, Gator’s Custom Guns, Inc. v. State of Washington, follows a related petition filed last month in the NRA-supported case, Duncan v. Bonta, challenging California’s ban and confiscation of magazines holding more than 10 rounds.