Attorney General Bob Ferguson of Washington announced on Wednesday a consumer protection lawsuit against Federal Way Discount Guns and its owner, Mohammed Reza Baghai, for illegally selling high-capacity magazines despite the ban on such products in the state.
Ferguson is also seeking an injunction that would block the store from selling high-capacity magazines.
The defendants face a maximum penalty of $7,500 every time the store offered a high-capacity magazine for sale and $7,500 every time it illegally sold a high-capacity magazine.
The lawsuit follows a statewide sweep of gun dealers conducted by investigators in the AG's office. Attorney General investigators visited 25 firearms retailers across Washington over a period of several months to confirm that the retailers were complying with the new law by attempting to purchase the unlawful magazines.
Only two retailers did not comply and were offering high-capacity ammunition magazines. One of these was Federal Way Discount Guns.
This is Ferguson’s first enforcement of the sales ban, which was adopted by Washington earlier this year.
“Our sweep confirmed that the overwhelming majority of gun retailers in Washington are doing the right thing and complying with the law,” Ferguson said.
In contrast, Federal Way Discount Guns chose to violate a law that makes our communities safer. We will continue to proactively enforce this law, and take action against anyone who illegally sells high-capacity magazines.
From August to November of this year, investigators visited Federal Way Discount Guns four times to purchase high-capacity magazines. Investigators found a wall of dozens of high-capacity magazines openly displayed for sale.
During each sale made to Attorney General’s staff, the sales clerk destroyed the record of the sale or made comments to the investigator indicating they knew the sale of the magazines was unlawful. In one instance, a sales clerk told an investigator that “it’s the nature of the beast” but that he couldn’t provide a receipt because the magazines held “more than 10 rounds.” The sales clerk then crumpled up the sales receipt that was automatically generated from the cash register and threw it in the garbage.
During another visit, the store’s owner, Baghai, personally sold a 30-round magazine for an AR-15 style rifle and a 33-round magazine for a Glock 17 pistol to the investigator and threw the store copy of the receipt into the garbage.
Investigators were able to purchase eight high-capacity magazines from the store over the course of these visits:
- A 50-round drum magazine
- two 30-round magazines for an AR-15 style rifle
- a 33-round magazine for a Glock 17 pistol
- a 22-round Glock pistol magazine
- a 19-round magazine for a Glock 19 pistol
- a 17-round magazine for a Glock 17 pistol
- a 17-round magazine for a Glock 19 pistol
- a 17-round magazine for a Sig Sauer P229 pistol
As of July 2022, it is illegal under Washington state law to manufacture, distribute, sell or offer for sale magazines that hold more than 10 rounds. Any violation of the high-capacity magazine ban also constitutes a violation of the Consumer Protection Act. Ferguson’s lawsuit against Federal Way Discount Guns and its owner asserts the company violated the Consumer Protection Act when it sold these magazines, knowing that the sales were unlawful. The lawsuit asks the court to:
- Permanently block the store from selling high-capacity magazines
- Require the store to destroy its high-capacity magazine inventory or return them to the manufacturer
- Forfeit all profits it made from unlawfully selling high-capacity magazines
- Pay penalties under the Consumer Protection Act — up to $7,500 per violation
During the 2022 legislative session, the state Legislature passed the Attorney General Request legislation sponsored by Sen. Marko Liias, D-Lynnwood, banning the sale of high-capacity magazines in Washington. The bill passed after a historic 55-42 vote in the House of Representatives.
The law prohibits the sale, attempted sale, manufacture, and distribution of high-capacity magazines. It does not prohibit the possession of high-capacity magazines, instead focusing prospectively on the supply side.