OLYMPIA, Wash. — Gator’s Custom Guns was supposed to be closed Monday, but when a judge ruled a ban on the sale of magazines defined as high-capacity was unconstitutional, owner Wally Wentz decided to open.
He said he sold “hundreds” of magazines that hold more than 10 rounds, a process made illegal by a 2022 state law.
“I had no idea that people would be that excited about getting that interlude of freedom back,” said Wentz.
But in less than an 1.5 hours Wentz had to stop the sales. The Washington state Supreme Court issued a stay on the order, keeping the ban in place.
The state’s Attorney General’s Office sued Wentz in September of 2023 after investigators said he had been selling thousands of the illegal magazines. On Monday afternoon a Cowlitz County Judge ruled the law violated the state’s constitution.
The state is appealing the decision, and asked for the state’s Supreme Court to keep the law in place during the appeal process. The court’s commissioner will hold a hearing next Wednesday to determine whether the emergency stay will remain in place.
The following week the Attorney General’s Office will argue to have the case heard by the Supreme Court justices, rather than go through the traditional appellate process.
Wentz said he and his lawyers are prepared to keep fighting to overturn the law and he knows the state will battle as well.
“The state is going to kick, drag, and delay to continue the people’s constitutional rights in this state to have standard capacity magazines to defend themselves, their families, their property, and their state,” said Wentz.
Robert Schentrup is ready to fight to keep the law in place. His sister, Carmen Schentrup, was killed in the Marjory Stoneman Douglas High School shooting in Parkland, Florida in 2018. She was 16 and wanted to be a medical researcher.
Robert Schentrup lives in Seattle and testified in favor of the 2022 law. He said he will continue to fight to pass gun-related laws if the high-capacity magazine ban is thrown out.
”I feel very truly that if I was to not do anything about Carmen's death, just try to forget that it happened? Then her death would be in vain,” said Robert Schentrup.