McCarthy Bill Would Ban Common Self-Defense Magazines

McCarthy Bill Would Ban Common Self-Defense Magazines
The ban would outlaw tens of millions of firearms magazines and make owners guilty until proven innocent.

high capacity gun magazine
high capacity gun magazine
National Rifle Association
National Rifle Association

Charlotte, NC –-(Ammoland.com)- On Tuesday, Jan. 18, Rep. Carolyn McCarthy (D-N.Y.) introduced H.R. 308, the “Large Capacity Ammunition Feeding Device Act.”

The bill would ban the manufacture and importation of new magazines that can hold more than 10 rounds of ammunition. Unlike the magazine ban that was in effect from 1994 to 2004, her new bill would also make it illegal for the tens of millions of Americans who already own these magazines to sell or otherwise transfer them, even through inheritance.

In a letter to her colleagues, Rep. McCarthy claimed, “The only reason for the existence of these devices is to be able to shoot as many people as quickly as possible.”

Yet her bill would allow the continued acquisition and possession of these magazines by law enforcement officers, who carry firearms to defend themselves and the public. It would even allow these magazines to be transferred to law enforcement officers upon retirement, even though a retired officer's right to use firearms for self-defense is the same as any other private citizen's right.

With H.R. 308, Rep. McCarthy is pursuing the agenda of banning guns and magazines that she brought to Washington 14 years ago. In 2003, 2005 and 2007, Rep. McCarthy introduced bills that, like H.R. 308, would have banned magazines that hold more than 10 rounds. Those bills would also have banned all firearms that were subject to the federal “assault weapon” ban of 1994-2004 and all firearms made specifically to comply with the 1994 ban. They would also have banned all semi-automatic shotguns, commonly owned semi-automatic rifles that don't use detachable magazines of any size, and other commonly owned firearms.

H.R. 308 would severely violate the fundamental, individual right to keep and bear arms for self-defense. The Supreme Court has ruled that the Second Amendment protects the fundamental, individual right to keep and bear arms for self-defense, especially arms that are commonly owned. Firearms designed to use magazines that hold more than 10 rounds are among the most commonly owned self-defense guns today.

If you own magazines capable of holding more than 10 rounds, H.R. 308 would also put you at risk of prosecution. Because virtually no existing magazines bear any markings that show when they were made, H.R. 308 would require that magazines made after the ban be marked to distinguish them from pre-ban magazines. However, the bill's “grandfather clause” for possession of pre-ban magazines would only create an affirmative defense — forcing defendants to prove that they possessed the magazines before the ban. This nearly impossible requirement is a major difference from the 1994 ban, which put the burden of proof on the government.

Obviously, despite the burdens it would put on honest Americans, Rep. McCarthy's bill wouldn't stop a criminal from obtaining magazines that hold more than 10 rounds. Tens of millions of Americans own countless tens of millions of magazines that hold more than 10 rounds; even Rep. McCarthy admits that confiscation of existing magazines would be impossible. Anything that common can be stolen or bought on the black market. And even if no magazines capable of holding more than 10 rounds were available, a criminal could still use multiple smaller magazines, multiple firearms, more powerful handguns, or weapons other than firearms.

To read a more detailed fact sheet on H.R. 308, please click here.

Please be sure to contact your U.S. Representative and urge him or her to strongly oppose H.R. 308! You can call your U.S. Representative at (202) 225-3121.

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Established in 1871, the National Rifle Association is America's oldest civil rights and sportsmen's group. Four million members strong, NRA continues its mission to uphold Second Amendment rights and to advocate enforcement of existing laws against violent offenders to reduce crime. The Association remains the nation's leader in firearm education and training for law-abiding gun owners, law enforcement and the military. Visit: www.nra.org

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    DaveMichael Riverorobert krawiecJohnJacob Recent comment authors
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    Dave
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    Dave

    Does anyone give a crap what this dingbat wants?

    I must have 50 high cap mags for assorted calibers & monkeys will fly from my rear end before I give them to ANY goddamned bureaucrat.

    I'm beyond sick of these assholes & their incremental attempts to increase firepower to the government (you know, those people that killed 100 million in the last century) while trying to emasculate the citizens whose right it is to defend themselves from this rapidly growing tyranny.

    Michael Rivero
    Guest

    Rep. McCarthy. Yes, that is exactly why we want those high capacity magazines. "The strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government." (Thomas Jefferson Papers p. 334, 1950) In mentioning the security of a free state, it is clear that the Second Amendment is not talking about target shooting or hunting but intended to reserve to the people weapons equal in power and capacity to those of the government itself, in order to hold the government, which even now is looting the… Read more »

    robert krawiec
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    robert krawiec

    Do you really believe that if the NRA didnt exist , we would any gun rights left? Yes, they are always looking for donations, but someone has to pay for the legal fees, and lobbying. If all gun OWNERS in the U.S would become members, they would have the resources they need to continue to lobby the House and Senate. The government doesnt care about its constituents , all they want to do is get re-elected. They are not perfect, but until another group can do what the NRA does, I will continue to support them. Canada had a rich… Read more »

    John
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    John

    "Established in 1871, the National Rifle Association is America’s oldest civil rights and sportsmen’s group. Four million members strong, NRA continues its mission to uphold Second Amendment rights and to advocate enforcement of existing laws against violent offenders to reduce crime. The Association remains the nation’s leader in firearm education and training for law-abiding gun owners, law enforcement and the military." What absolute BS. The NRA is a lobby for the gun manufacturers and importers which pretends to be the "Guy Next Door" organization for recreational gun owners. Step back and think about it, does any hand gun owner who… Read more »

    Jacob
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    Jacob

    I just called my reps to tell them they would loose my vote if they voted for this.