Our national right to keep and bear arms is not a second-class civil right subject to local rules, opinions or interpretations. That is one of the key issues for the defense in the\u00a0state case against Walter Wentz, owner of Gator\u2019s Custom Guns, Inc<\/a>., which has been operating in southwest Washington State for more than 14 years.\u00a0<\/p>\n Wentz employs a staff of four including his youngest son who is the store\u2019s manager. The gun shop started out small with about 900 square feet of space, but four years ago they expanded into a much bigger building.\u00a0<\/p>\n According to the\u00a0state\u2019s complaint<\/a>, in March 2022, Washington passed\u00a0SB 5078<\/a>, which banned the sale, importation, distribution and manufacture of \u201clarge capacity magazines or LCMs,\u201d which can accept more than 10 rounds of ammunition.<\/p>\n \u201cThe threat posed by LCMs is not merely theoretical. Since 1980, LCMs have been involved in at least 85 mass shootings nationwide, resulting in 791 fatalities and more than 1,100 injuries,\u201d the\u00a0lawsuit<\/a>\u00a0claims. \u201cUnfortunately, mass shootings continue, as does the use of weapons equipped with LCMs to reign terror upon our communities, including three this year alone \u2013 Monterey Park, Nashville, and Allen. Washington State is no stranger to these terrible events, as evidenced by mass shootings in recent years in Mukilteo and Burlington.\u201d<\/p>\n The suit accuses Wentz and Gators of violating the state\u2019s Consumer Protection Act when it sold standard capacity magazines to two state \u201cinvestigators\u201d on two occasions.\u00a0<\/p>\n \u201cIn fact, one of those sales was made by Wentz himself: two magazines with capacity four times greater than the maximum allowed under the law,\u201d\u00a0a 2023 press release<\/a>\u00a0by Attorney General Bob Ferguson claims.\u00a0<\/p>\n Ferguson, it should be pointed out, generated national news coverage because of his staunch anti-gun actions, and is set to become Washington State\u2019s 24th<\/sup>\u00a0governor on January 15th<\/sup>.\u00a0<\/p>\n Wentz countersued in superior court with the help of the\u00a0Silent Majority Foundation<\/a>, a unique law firm which is located in Pasco, Washington. Wentz won his case, but within minutes the state appealed and got a stay. Now, in one week the two sides will battle it out again in Washington State\u2019s Supreme Court. If he loses, Wentz said he will go to the United States Supreme Court.\u00a0<\/p>\n \u00a0\u201cOur stay only lasted 88 minutes,\u201d Wentz said Saturday. \u201cWe appealed that, and on 14 January we will be at the (state) Supreme Court.\u201d\u00a0<\/p>\n Washington State\u2019s anti-gun laws, which ban the sale of \u201cassault rifles\u201d and standard-capacity magazines have taken a terrific toll on Wentz\u2019s business.\u00a0<\/p>\n \u201cIt was a 40-percent kick in the nuts to my retail volume,\u201d he said, quickly adding that he did not have to fire any of his employees. \u201cWith the help of the\u00a0Silent Majority Foundation<\/a>, we\u2019ve been in litigation for more than a year now.\u201d\u00a0<\/p>\n Wentz is not sure how much the litigation has cost him.\u00a0<\/p>\n \u201cThe NRA ponied out $75,000,\u201d he said. \u201cWe chewed that up.\u201d\u00a0<\/p>\n His reason for fighting Washington State is simple: \u201cThere were two other entities (gun shops) that had their own cases and they both settled. Somebody has to fight, or they\u2019ll think they can do this with the rest of our Constitutional rights. If I lose on 14 January, we are going to appeal to the U.S. Supreme Court. If someone doesn\u2019t put their foot down, we\u2019re going to lose the entire Second Amendment.\u201d\u00a0<\/p>\n Wentz knows his case could have national impact.\u00a0<\/p>\n \u201cWhen we win, it\u2019s going to be a national precedence-setting event,\u201d he said. \u201cThere are seven to 10 states that still want to reinterpret the Constitution, who will be on their heels. We really believe a win in this category will set things in motion, and keep those who would want to change the Constitution in check for a period of time until the Constitution goes to sleep again.\u201d\u00a0<\/p>\n The case has already taken a personal toll.\u00a0<\/p>\n \u201cI\u2019m balancing a staff of four\u2019s livelihood on a 40-percent reduction in volume. That\u2019s my job one,\u201d he said. \u201cKeeping those four guys\u2019 families fed. It\u2019s stressful. It would be very easy to fall into the trap. We\u2019re in the red bastion of Washington State. The majority here are very conservative and fiscally responsible. You can smell it and taste it. Now, it\u2019s stressful knowing I\u2019ve got to go sit in front of people who don\u2019t think the way we do.\u201d<\/p>\n Wentz knows he must first exhaust all of his potential state remedies before going to the U.S. Supreme Court.\u00a0<\/p>\n \u201cWe can\u2019t go to the national level without doing this first,\u201d he said. \u201cThat\u2019s why other cases in other states have failed. I don\u2019t understand why they don\u2019t understand. It\u2019s the reason our justice system works.\u201d\u00a0<\/p>\n Wentz\u2019s wife has noticed the toll the legal battle has taken on him, especially since two other gun shops have already conceded.\u00a0<\/p>\n \u201cShe has to live through all of this, too,\u201d he said. \u201cA lot of women wouldn\u2019t have stuck around. She understands how strongly I feel about the Constitution. It\u2019s a win-or-die for me. We can\u2019t look at it any other way. They, the state, assumed I\u2019d become number three.\u201d\u00a0<\/p>\n Wentz said his customers think he\u2019s \u201cawesome.\u201d\u00a0<\/p>\n \u201cThey put money in a bucket every week,\u201d he said. \u201cI wouldn\u2019t have started this if I was going to quit. I certainly wouldn\u2019t have taken their money. Our community has been very supportive. It\u2019s the red bastion of the state on the west side that wants us to win. We can\u2019t go to the national level without doing this. That\u2019s where the other cases in other states have failed.\u201d\u00a0<\/p>\n Click\u00a0here<\/a>\u00a0to support Wentz\u2019s case and the\u00a0Silent Majority Foundation<\/a>.<\/p>\n This story is courtesy of the Second Amendment Foundation\u2019s Investigative Journalism Project<\/a>.<\/em><\/p>\n<\/p><\/div>\nThe State\u2019s Complaint<\/h2>\n
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The Cost of Bad Laws<\/h2>\n
National Implications<\/h2>\n