Fairfax, VA – -(Ammoland.com)- On Friday, January 12 2018, several amicus briefs were filed in the NRA and CRPA supported lawsuit challenging California’s restrictions against magazines capable of holding more than 10 rounds. The lawsuit, titled Duncan v. Becerra, challenges California’s recently enacted ban on the possession of magazines capable of holding more than 10 rounds as a result of Proposition 63, as well as all of California’s other restrictions on such magazines. The lawsuit challenges the restrictions as a violation of the Second Amendment, Due Process clause, and Takings clause of the United States Constitution.
Less than three days before California’s ban on the mere possession of magazines capable of holding more than 10 rounds was scheduled to take effect, San Diego Federal District Court Judge Roger T. Benitez issued an order granting NRA and CRPA attorney’s request for an injunction while the lawsuit is pending.
As a result, California gun owners who currently possess such magazines may continue to do so without fear of prosecution while the constitutionality of the law is decided in the courts.
Unsurprisingly, the California Department of Justice has appealed the injunction to the Ninth Circuit.
In support of the plaintiffs are 18 States, including Arizona, Alabama, Arkansas, Georgia, Idaho, Kansas, Louisiana, Michigan, Missouri, Montana, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Utah, West Virginia, Wyoming, filed an amicus brief illustrating how the Second Amendment protects magazines capable of holding more than 10 rounds and how California’s restrictions constitute a “taking” which requires just compensation to affected owners.
Several Law Enforcement and State and Local Firearm Rights groups also filed an amicus brief highlighting how California’s restrictions will not reduce violent crime, but instead will increase the danger to victims. The brief also states how magazines capable of holding more than 10 rounds are not disproportionately used in attacks on law enforcement, and that California has failed to show that its restrictions will reduce mass shootings and injuries.
The listed groups participating as an amicus include:
- California State Sheriffs Association
- Western States Sheriffs Association
- California Reserve Peace Officers Association
- San Francisco Veteran Police Officers Association
- California Gang Investigators Association
- International Law Enforcement Educators and Trainers Association
- Law Enforcement Legal Defense Fund
- Law Enforcement Action Network
- Law Enforcement Alliance of America
- International Association of Law Enforcement Firearms Instructors
- Association of New Jersey Rifle & Pistol Clubs
- Bridgeville Rifle & Pistol Club
- Connecticut Citizens Defense League
- Delaware State Sportsmen’s Association
- Gun Owners Action League Massachusetts
- Gun Owners of California
- Hawaii Rifle Association
- Illinois State Rifle Association
- Missourians for Personal Safety
- New York State Rile & Pistol Association
- Vermont Federation of Sportsmen’s Clubs
- Vermont State Rifle & Pistol Association
- Virginia Shooting Sports Association
- Western Missouri Shooters Alliance
Doctors for Responsible Gun Ownership, the Independence Institute, Millennial Policy Center, and the National Rifle Association Freedom Action Foundation also filed amicus briefs, each detailing how magazines capable of holding more than 10 rounds are in common use and therefore protected under the Second Amendment.
To stay up to date on the Duncan lawsuit, as well as other important Second Amendment issues here in California be sure to check your inbox as well as the Stand and Fight California webpage.
About:
Established in 1975, the Institute for Legislative Action (ILA) is the “lobbying” arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution. Visit: www.nra.org
Ozark Muleskinner:
Good question, well posed.
Why has Pennsylvania been heard from on this or is the state’s silence, by itself, a loud voice?
You have to vote the evil out of Office or you will always be fighting for your freedom.GOD Bless the good people of California.
Amercans will always be fighting for our freedom. Period. As the California, New York, New Jersey, etc. experiences demonstrate. elections are easy to fix. Our supposedly elected officials at all levels only pay more than lip service to their oaths when we, the people are breathing down their necks. Eternal vigilance is the price of freedom. Thank you for your blessing, and your help. We certainly need it.
The lines have been drawn. It is clear that the liberal Democrat gun grabbers are, united, focused, and well funded. This is evident by the strikingly similar wording in every anti 2nd Amendment law that is either already on the books in states like Connecticut, Massachusetts, California, New Jersey etc. Unfortunately, here in Connecticut, we have one of the most unconstitutional gun laws in the nation, but the state and federal courts have upheld it and the Supreme Court refuses to it. Once a freedom is lost, it is lost forever, and the rest are soon to follow. Instead of… Read more »
I totally agree but I take it just a step further and say get rid of the Democrat Republican mindset and adopt the mindset of the people against the tyrannical government because that’s what we are dealing with. Anything that they can use to divide the people they will and that’s one of them. We the people stand as all people minus the government their agencies,employees, subsidies etc. It takes 2/3rds of the house to get rid of the pirates.
I second that. I’m from Washington state. NRA were are you? Where’s our help? They stand out front of Wal-Mart gathering signatures claiming there for other things like stopping child abuse and not being truthful with the people as they ask for their signatures. Where are you at NRA,where are you at?
Where is the NRA? You and I are the NRA, citizens associating in concert to fight against anti-freedom Democrats, Progressives, Antifa, BLM, ACLU, et al. Not intending to be too preachy, but anyone not actively involved in the fight is helping our enemies. Also, if one values the liberties hard-won by our forebears, don’t be satisfied with being active in the NRA. Groups like GOA, SAF, JFPO, state firearms groups, local gun clubs all need help from like-minded patriots in fighting back against the anti-American initiatives of Bloomberg, Soros and other statists. Those who are not part of the solution… Read more »
@Ozark, I agree with this 100% and I personally spend a LOT of time organizing grass roots resistance, emails/letters/phone calls, getting out the vote, testifying before congressional committee when possible, etc. Apathy of the typical gun owner is always the biggest hurdle to overcome and the greatest threat to our rights, above antis and legislators combined. However the voice of the NRA as am organization is silent here. The current legislation can be beat back, but only with their help. I normally will not criticize them as I have been a member for almost 40 years, but their silence speaks… Read more »
Apathy amongst gun owners is, as you note, a significant if not a major problem. I have personally seen this demonstrated at a shooting club that I have been a Life Member of for almost 20 years. I have also been a Life Member of the NRA since the mid 1970’s. Viewing some of the NRS’s actions and inactions, I sometimes wonder whose side they are on, and why. Voting members of the NRA will, soon now, have an opportunity to speak. I suggest that they take a good look at petition nominees, rather than simply rubber stamping those nominated… Read more »
NRA elections come up soon.
Well guess what NRA, you are going to have to wor a WHOLE lot harder than you are here in WA state…. wait a second, other than the NRA-ILA emails you are completely silent here?! Just passed out of committee and available for vote is a bill making illegal modifications to a firearm that “could” increase the rate of fire. This may easily be interpreted to be any form of trigger lightening, pul length shortening, match grade triggers, etc and not just bump stocks as are being claimed in the media and by politicians. The wording on this bill is… Read more »
If you want to help start change from within NRA vote Adam Kraut for the Board this year and don’t vote for anyone else. If everyone does this the simple math says he’ll have a far better chance of making it. NRA & Marion Hammer have mounted a full court press to keep Adam out, smearing him every chance they can. He is 100% RKBA, for repeal of gun laws and has called out NRA for their position on “Bump Fire” stocks.
DRGO???REALLY?