Washington retailer, former owner face $3M penalty for selling high-capacity magazines

Posted

OLYMPIA — A Federal Way gun shop and its former owner have agreed to pay $3 million for violating the state's recent ban on selling magazines that can hold more than 10 rounds of ammunition.

Washington Attorney General Bob Ferguson said Tuesday that Federal Way Discount Guns, and its former owner, Mohammed Baghai, sold thousands of high-capacity magazines after a state law to ban them went into effect in 2022, and continued to sell them even after the state filed a lawsuit. Ferguson described the violations as "egregious and brazen."

"Federal Way Discount Guns chose to violate a critical law aimed at combating mass shootings," Ferguson said in a statement. "Washington businesses are following the law and stopped selling high-capacity magazines. This resolution provides accountability for someone who flagrantly violated the law and will increase law enforcement resources to combat gun violence."

Federal Way Discount Guns and Baghai each declined to comment when reached by phone Tuesday. Since the lawsuit, the store has been sold to Baghai's son, Andrew, according to the AG's office. The store's website includes a link to a crowdfunding page "asking for donations that will help us to continue to stand up against Bob Ferguson and his team's aggression as they relentlessly go after our 2nd amendment rights."

The Legislature passed Senate Bill 5078 in 2022 to ban the sale, distribution, import and manufacture of magazines that can hold more than 10 rounds. It went into effect July 1 of that year. The ban itself has since faced federal court challenges.



One of the lawsuits, filed by the Silent Majority Foundation and other parties, is ongoing in the Eastern District of Washington. The other case, filed by the Second Amendment Foundation and other parties in the Western District of Washington, has been stayed awaiting the result of a California case, Duncan v. Bonta, on high-capacity magazines at the Ninth Circuit Court of Appeals.

Ferguson's office says Federal Way Discount Guns sold about 3,600 high-capacity magazines between July 1 and when the state sued the store in December 2022. It then sold 246 more, and in early January 2023, the state won a preliminary injunction barring Federal Way Discount Guns from selling the magazines, the AG's office said.

The Federal Way Discount Guns case was the first lawsuit filed by the AG to enforce the violations of the law. A lawsuit against Gator's Guns, based in Kelso, for selling high-capacity magazines after the ban went into effect is ongoing in Cowlitz County Superior Court. Lakewood retailer WGS Guns was penalized $15,000 for violating the law in December 2022.

Under Tuesday's consent decree, Federal Way Discount Guns and Baghai have agreed to pay $3 million. The AG's office will recoup about $1 million it has spent litigating the case, but Ferguson said he expected the remaining $2 million will go to local law enforcement agencies toward efforts to fight gun violence.