FPC: Second Amendment Protects “Large-Capacity” Gun Magazines

Stack Pile Ammunition Gun Magazines High Capacity Standard
Stack Pile Ammunition Gun Magazines High Capacity Standard

U.S.A.-(Ammoland.com)- Firearms Policy Coalition (FPC) announced the filing of an important legal brief in the Ninth Circuit Court of Appeals regarding the State of California’s ban on so-called “large-capacity” magazines that hold more than ten rounds of ammunition. The brief is available online at FPCLegal.org.

FPC's coalition brief was joined by nine individual gun owners, all plaintiffs in another federal magazine lawsuit, and eight Second Amendment advocacy organizations, including Second Amendment Foundation and Armed Equality—a pro-right to keep and bear arms group that emphasizes armed and responsible self-defense for its LGBTQ+ members, who are especially vulnerable to attacks involving multiple assailants. The brief argues that so-called “large-capacity” magazines are inherent components of functional firearms; that they are constitutionally protected because they are “in common use” for lawful purposes; and that because they are constitutionally protected, they cannot be banned.

“This case presents the type of Second Amendment challenge the Supreme Court has ruled on more than any other: a challenge to a prohibition on particular arms. And the Court’s precedent is clear: if the arms are commonly owned by law-abiding citizens, they cannot be prohibited,” said FPC Director of Research and brief lead author, Joseph Greenlee. “Evidence presented in this case shows that over 100 million magazines of the type that the State of California bans are owned in America. It is therefore indisputable that the magazines are common, and as such, their prohibition violates the Second Amendment.”

“Magazines are inherent, operating parts of all semi-automatic firearms, and it is indisputable that the so-called ‘large-capacity magazines’ at issue in this case are in common use for lawful purposes and protected by the Constitution,” explained George M. Lee of Seiler Epstein LLP, co-counsel on the brief and lead counsel in a similar magazine challenge in the Eastern District of California Federal District Court. “This brief shows why the court must affirm the decision below and restore the true command of Heller, which holds that these arms cannot be banned.”

Attorney Lee also recently filed a federal constitutional challenge to California’s ban on so-called “assault weapons” based on the district court’s ruling in Duncan (striking down the California magazine ban) and the State’s definitions of banned “assault weapons” (some of which are based on a firearm’s characteristics, including the use of a so-called “large-capacity” magazine in an otherwise legally-configured firearm). That case, captioned Miller v. Becerra, was assigned to Southern District of California Federal District Court Judge Roger T. Benitez, who struck down the State’s magazine ban in Duncan. The parties expect further filings in that case in the coming weeks.


About Firearms Policy CoalitionFirearms Policy Coalition

Firearms Policy Coalition (www.firearmspolicy.org) is a 501(c)4 grassroots nonprofit organization. FPC’s mission is to protect and defend the Constitution of the United States—especially the fundamental, individual Second Amendment right to keep and bear arms—advance individual liberty, and restore freedom.

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MICHAEL JOldvetBozBoris Badenovtetejaun Recent comment authors
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MICHAEL J
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MICHAEL J

Democrats, if they can’t ban all the guns, then they’ll restrict whatever’s left, the magazines, ammunition, parts, gunshows, gun manufacturers, people and stuff we haven’t even thought about yet. California has been a trendsetter when it comes to infringing on the 2nd Amendment, they already decide what guns you have permission to buy, and how long you must wait. Then add red flag, gun free zones, permission to buy ammo and gun parts to the mix. The left has most of the bases covered including a one party system of both state and federal. Their hatred of our Constitution is… Read more »

Oldvet
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Oldvet

@USA … Exactly the reason they want us all declared Felons.

Boz
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Boz

30-rd AR mags are STANDARD capacity, NOT so-called “large” capacity.

tetejaun
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tetejaun

All ‘gun control laws’ are un-Constitutional: Article 6, U.S. Constitution “The Constitution…shall be the supreme law of the land”. Therefore, no federal or state legislative law, Executive Order or local decree may limit, deny, change or modify the Constitution. THAT is called the ‘Supremacy Clause’. Article 6 continues “All laws must conform to and be made pursuant to the Constitution”. Therefore, any federal or state legislative law, Executive Order or local decree not in 100% harmony with the U.S. Constitution, is null & void. When Americans obey the un-Constitutional ‘gun control laws’, they tell the tyrant they will accept any… Read more »

Boris Badenov
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Boris Badenov

I sure would like to know who down voted you..I reside behind enemy lines and I will not comply with Unconstitutional laws. As for kneeling, sometimes you get a more stable position for the shot that way.

Will
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Will

I have over 20 30rd Pmags and just bought two Magpul 60rd drum mags. They function flawlessly too. I guess if the gungrabbing socialist scum hates 30 round mags they will totally despise the 60rd drum mags. Gotta love it !

TheRevelator
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TheRevelator

@Will Was never sure how those Drums functioned in the long term. Would be great to hear an update from you once you have a thousand rounds through one of them, see how its still working. I currently only rely on C-Products Defense, which is now re-branding to “DuraMag”. I have had zero malfunctions so far with either the stainless steel, or the aluminum mags, but do prefer the stainless version. All have the anti-tilt followers. (As a side note they are a similar pattern to the old HK M16 mags that had anti tilt followers at the same time… Read more »

Will
Member
Will

@Rev,I will keep you updated on that. I’ve only got about 120rds.through one,and 60 the other.They both functioned perfectly. When loading,the last 15rds. or so are kind of tough,but that tension should lessen over time. Take care.