GOA Brief Refutes Bans on “Military-Style” Firearms, Components

GOA Brief Refutes Bans on “Military-Style” Firearms, Components
GOA Brief Refutes Bans on “Military-Style” Firearms, Components (Originally Published October 4th, 2019)

U.S.A.-(Ammoland.com)- Gun Owners of America filed an important amicus brief in the Ninth Circuit, defending standard capacity magazines in the Duncan v. Becerra case.

California law bans any magazine that can hold over ten rounds. But in March, a district court judge blocked the law from going into effect.

California appealed the decision to the full Ninth Circuit Court. Eighteen Democrat Attorneys General from around the country then followed suit by submitting a brief in support of the state’s ban.

GOA and its legal arm, Gun Owners Foundation (GOF), have weighed in on this case in conjunction with Gun Owners of California, the Heller Foundation, and several other pro-gun organizations.

This is an important case when it comes to the ability to defend oneself, because the government has no business telling people how many rounds they “need.”

We refute several anti-gun arguments in our brief, including the idea that the Second Amendment does not apply to so-called “military-style” firearms. For example:

The Second Amendment protects first and foremost the right to self-defense — not just against petty criminals, but against governments, both foreign and domestic. In order to combat foreign aggression or domestic tyranny, military-grade arms are, as the framers understood, “necessary to the security of a free State.”

You can read the entire brief here:

GOA Amicus Brief-Duncan v Becerra

About Gun Owners of AmericaGun Owners of America GOA logo

GOA was founded in 1975 by Sen. H.L. (Bill) Richardson (now retired). The GOA Board of Directors brings over 100 years of combined knowledge and experience on guns, legislation and politics. GOA’s Board is not satisfied with the “status quo.” Americans have lost some of our precious gun rights and we want them back! This is why GOA is considered the “no compromise” gun lobby.

From state legislatures and city councils to the United States Congress and the White House, GOA represents the views of gun owners whenever their rights are threatened.

0 0 votes
Article Rating
Inline Feedbacks
View all comments

In the 1939 MILLER case the SCOTUS stated they didn’t know much about the Second Amendment and thus REMANDED the case to the lower Arkansas Federal Court to hold a trial and generate a record that could be “in judicial notice.” That trial never happened. But the Court did say one thing they were sure about was that the militia was expected to appear bearing their private military arms then in current service. Militia was included in the Constitution in1788, Article One, Section Eight. If you read Patrick Henry’s objections to ratification it is plain that it was not considered… Read more »


NRA stop negotiating away our god-given rights and join the fight. (from an ex lifetime member)
smaller but stronger GOA and FPC –


I’ve thought about being an EX lifetime member myself. But I figure they can keep sending me the magazine until I croak. Whenever I buy from Midway, even if the “round up” is 2 cents I refuse to give it to them. I’ve been a GOA lifetime member for about 2 years now. I should have done that years ago but I was lazy. I will say this, it was GREAT to interview Sheriff Richard Mack and Larry Pratt back when I had a talk radio show in Washington State called “The Love Of Truth”!


Well, let us examine the second amendment! A well regulated Militia being necessary to the security of a free state. The right of the people to keep and bear arms shall not be infringed Well regulated , meaning to run smooth, be disciplined , well supplied. Militia meaning the body of people consisting of lawful citizens in a free state of existence. Security , meaning to keep safe . Necessary meaning needed , essential Free state, meaning the collective of states, the whole nation. The right , meaning those essential liberties that all people have regardless of government. The people,… Read more »

Dubi Loo

Forwarded to my State Senator whom I met with Tuesday in Springfield IL. She refuses to address reality stating similar (and worse) legislation in Illinois would have stopped the Aurora shooting. It’s hard to argue facts with the pigheaded. I doubt she’ll read it, but I keep trying.


I am an NRA member… well… because I need to put my money where my mouth is… but after reading this… I am joining GOA TODAY!


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 kneel and lick the hand of the tyrant (when they obey un-Constitutional ‘gun control… Read more »


They took the teeth of the American people away in 1903 with the “Dick” act which for all intents did away with the first 13 words of the 2nd amendment. The only place NECESSARY is used in the whole Constitution, making those first 13 words possibly the most IMPORTANT 13 words in the whole Constitution. WE NEED TO WORK TO GET THE STATE MILITIAS back.


@CourageousLion They Still exist, though not like they did. Much of the problem is that the people have grown lazy, content to let others do the work or delegate work to secure freedom. This is not just those on the left, but many on the right as well who think that they can vote in a politician to solve all of their problems and desires while avoiding individual responsibility. Sadly, while tetejaun made some good points with his comment, he still is willing to try and agitate(I can point out where should anyone wish to ask), and ignores the words… Read more »


Judge Roger Sherman was the founder that was behind the monetary clauses in the Constitution. He wrote a pamphlet that is very good on that subject called “A Caveat Against Injustice”, or an Inquiry into the Evils of a Fluctuating Medium of Exchange. Do a Google search and check out the booklet. It is VERY enlightening.


+1! #ArticleVI


@USA; Question about “FPC”. What and Where?


Best guess of mine is Firearms Policy Coalition – https://www.firearmspolicy.org/


Thank You Gun Owners of America for helping to DEFEND Americans’ RIGHT to DEFEND ourselves from THUGS and if necessary, from TYRANNICAL GOVERNMENT.
As a side line, I see the Democratic party becoming more RADICALIZED and coming to, a head of being, a VERY TYRANNICAL GOVERNMENT. America will NOT become a FAILED communist/socialist Country.


Why are you using a photo of a woman to highlight this article? Why do you feel there is a need for political correctness? Your intentions are obvious and it is not appreciated.

Will Flatt

Hey dummy, didn’t you know the fastest growing demographic among gun owners are women?? This photo simply reflects REALITY, and has NOTHING to do with PC Culture. Leftists do PC Culture, not us, so don’t apply their M.O. to gun activists.


wow! you reference the photo and not the article or the amicus brief submitted. you seem to be on the wrong website, more concerned with optics than substance. pathetic.


: PERSNICKETY are YE! I appreciate women who are willing to pick up an arm and join the fun. I am not “challenged” at all by women who want to LEARN and USE.

Deplorable Bill

I guess we will see if the court respects the constitution or the communists. I would hope that the righteousness of the constitution prevails instead of them disavowing their oaths of office to the nation, the people and the constitution of the U.S.A. To me the word militia as seen in the 2A refers to the common man having, using and carrying military firearms and cannon. The standard military rifle these days in the M-4. The M-4 is feed through the use of high capacity magazines such as 20 and 30 round capacity types. Thus, the 2A enables the common… Read more »

Will Flatt

Those who attempt to thwart the Constitution in pursuit of a tyrannical communist/leftist agenda are themselves ILLEGITIMATE, regardless of what branch of government they come from. The 2A cannot be overruled, abolished, rewritten, sold, bartered, etc. because it predates the existence of any government on this continent. And these illegitimate would-be rulers have forfeited their claims to lawful authority by so doing, and in that we owe them no allegiance.

We will ignore their illegitimate and void dicta, and if they try to assault us, then we will END THEM.


after reading the goa amicus I do not believe any court in America could rule otherwise unless they totally ignore the words of the Second Amendment and those written in the brief. judicial and political office holders in America have to swear or affirm that they “will support and defend the Constitution of the U.S. against all enemies, foreign and domestic”. words have meanings and that meaning cannot change unless words have no meaning. leftists want to change the meaning of words to suit their purposes, not change their purpose to fit the meaning. the Second Amendment was written by… Read more »


DP: Correct on all points. However, given the nature of the 9th to side with Liberals it would come as no surprise if they did so this time. Second “however” is that these types of contradictory decisions are what “ripens” a case for SCOTUS. Either way we’ll eventually see this winding its way up the judicial ladder.


Exactly!! It infuriates me when these disingenuous politicians reference “hunting” and “self defense” as the purpose of the Second Amendment… it was written after they defeated the British Army!! An oppressive government!! That’s the point!!! Whether they are stupid or deceitful.. they should not be representing Americans… the Founding Fathers would have tried them for Treason…


Remember, these are the same people who whined and cried a decade ago when “Robin Hood” with Russell Crowe came out, telling us how horrible it was that it depicts oppressive government and bureaucracy as the villain instead of rich white men………

Calling them stupid would be giving them too much credit. They do indeed know, and they violate the constitution in spite of it. Duplicitous charlatans the lot of them.