KELSO, WA The legal team that prevailed in the historic Bruen case has consented to take on the well-known Gator’s Custom Guns lawsuit, which concerns Washington state’s ban on the production, distribution, and sale of magazines with more than ten rounds.
The United States Supreme Court’s ruling in New York State Rifle & Pistol Association, Inc. v. Bruen, which was successfully argued by the law firm Clement & Murphy in 2022, greatly broadened the Second Amendment’s protection of the right to bear arms in public for self-defense.
The case centered on New York s requirement that individuals demonstrate a special need for self-defense to obtain a concealed-carry permit.
Gator’s Custom Guns in Kelso, Washington, and its owner, Wally Wentz, have been represented by the Silent Majority Foundation since the beginning of the case. Pete Serrano, the founder of SMF and its lead attorney, was forced to resign last week after accepting President Donald Trump’s appointment to serve as the U.S. District Attorney for Eastern Washington.
According to Gator’s Custom Guns, the state’s 2022 restriction on the sale of magazines that contain more than ten rounds of ammunition is unconstitutional under both the US and Washington constitutions.
Serrano told The Center Square that SMF submitted a petition for review, or awrit for certiorari, to the U.S. Supreme Court in the Gator’s Custom Guns case just before he was nominated to a government position.
Earlier this year, the Supreme Court of Washington issued a decision against Gator’s Custom Guns. The court ruled that the state could limit magazines without going against the right to bear arms guaranteed by the federal or state constitutions.
Serrano expects the case will be heard by the U.S. Supreme Court.
We have an official number since it has been docketed, and now we have to wait for the state to file its response brief before we file ours. After that, they must take it back and determine whether they want to hear it, Serrano explained. This is known as the conference process. If four of the nine justices determine they would like to hear the case, they would set a merit briefing date, which I would imagine would be in the fall of 2026 or possibly the summer of 2026 [they could consider the case]. Therefore, we ought to know where we’re heading by the end of the year.
Serrano is optimistic yet cautious.
He stated, “I think it’s absolutely worth them taking the case.” Some people think that big capacity magazines are not considered weapons, while others think that the Constitution does not protect them. Therefore, the U.S. Supreme Court has a great chance to define the phrase and say, “Okay, this is how we define it. If you lower courts can’t get it, stop not getting it.”
“Having Clement & Murphy on board with their case is a significant boost,” Wentz added.
According to Wentz, Clement & Murphy’s involvement is significant for exerting pressure on the Supreme Court to take up the review since they believe the case has a good chance of victory. Their experience at this stage of litigation is the basis for the Clement & Murphy concept. They have achieved success.
Regarding losing Serrano on the case, Wentz stated that he still has complete faith in SMF and respects Serrano more than before.
For the past two years, the whole staff of Silent Majority has operated like a well-oiled machine. I don’t lack confidence. Pete is not departing my life; his departure is one thing. He is departing from the Silent Majority Foundation as the primary litigator moving ahead and a member of my legal team. Austin Hatcher has exceptional litigation skills. At the Washington State Supreme Court, he was the one [who] spoke for me with truth, caution, and a cool, collected manner. He is also level-headed.
