Maximum Capacity: The U.S. Showdown Over Bullet Counts!

AR-15 Magazines Group Shot
AR-15 Magazines

America’s cherished Second Amendment rights have been increasingly tested as anti-freedom states continue to pile on laws restricting the capacities of firearm magazines.

This move has been controversial and divisive, with a total of 14 states, alongside the District of Columbia, imposing their own versions of these unconstitutional mag restrictions. While these laws are presented under the guise of “public safety,” many proponents of gun rights view them as mere cosmetic interventions that do little to prevent the real issues at hand. Furthermore, the USCCA, a renowned authority in the firearms community, suggests that these laws might not be the effective remedy to mass shootings that they are made out to be.

Name Me One Magazine Capacity Ban Our Founding Fathers Would Have Followed?

And don’t forget that in their landmark decision, the Supreme Court of the United States (SCOTUS) in the Breun case underscored a pivotal perspective on Second Amendment interpretations. The Court stressed the imperative of a historical precedent, emphasizing that for any firearm regulation to be deemed constitutional, there should be a demonstrable history of similar laws or restrictions at the time of America’s founding. This effectively challenges modern justifications that lean heavily on states’ ‘balancing interests’ as a rationale for enacting gun magazine-control laws. The decision underscores a shift back to originalist interpretations, insisting that the rights enshrined in the Constitution cannot be easily molded or compromised based on contemporary arguments or evolving public interests.



To truly grasp the implications and controversies surrounding these completely random restrictions, let’s delve deeper into the specific state magazine limitations [at least as of the date of this article]:

  • California: They’ve restricted magazines over 10 rounds, a move some argue is based more on fear than actual data. Interestingly, Judge Roger Benitez recently deemed this restriction unconstitutional, echoing the sentiments of countless law-abiding gun owners.
    • California Code of Regulations, Title 11, Section 97850: https://casetext.com/regulation/california-code-of-regulations/title-11-law
    • California Penal Code, Section 12310: https://www.law.cornell.edu/uscode/text/10/12301
  • Colorado: Despite a rich history of responsible gun ownership, the state has limited magazines to 15 rounds, with Boulder even going further with a 10-round cap.
    • Colorado Revised Statutes, Title 18, Article 12, Section 18-12-108: https://cbi.colorado.gov/sites/cbi/files/C.R.S.%2018-12-108.pdf
  • Connecticut: A state that likes to call itself the “Constitution State” has a 10-round magazine limit. How do these restrictions truly align with the spirit of our nation’s founding principles?
    • Connecticut General Statutes, Section 9-41g(b)(1): https://www.cga.ct.gov/current/pub/chap_155.htm
  • Delaware: The restriction here is 17 rounds, with exemptions for military and law enforcement – but why not for everyday citizens who simply wish to exercise their rights?
    • Delaware Code, Title 11, Chapter 14, Section 1447: https://delcode.delaware.gov/title11/c005/sc07/
  • District of Columbia: They’ve opted for a mere 10-round limit. It appears dimmed in the heart of our nation, where liberty should shine brightest.
    • District of Columbia Code, Title 22, Chapter 45, Section 45-913.02: https://www.dccourts.gov/sites/default/files/2022-09/Center%20for%20Inquiry%20v.%20Walmart%2020-CV-392.pdf
  • Illinois: A state divided. As of 5/6/2023, while most parts have a 15-round cap for pistols, Cook County is more stringent, limiting all magazines to 10 rounds.
    • Illinois Compiled Statutes, 720 ILCS 5/24-2(a)(1): https://codes.findlaw.com/il/chapter-720-criminal-offenses/il-st-sect-720-5-24-1/
  • Hawaii: A paradise with an asterisk, allowing only 10 rounds in handgun magazines.
    • Hawaii Revised Statutes, Section 134-16: https://www.capitol.hawaii.gov/hrscurrent/vol03_ch0121-0200d/hrs0134/hrs_0134-.htm
  • Maryland: They’ve also joined the 10-round club. The Old Line State’s line seems drawn in the sand against gun enthusiasts.
    • Maryland Code, Annotated, Article 27, Section 447: https://www.familywatchdog.us/laws/mddef.asp
  • Massachusetts: Here, the 10-round limit stands, but with legal loopholes dating back to 1994.
    • Massachusetts General Laws, Chapter 140, Section 131L: https://www.mass.gov/info-details/mass-general-laws-c140-ss-131l
  • New Jersey: The Garden State limited mags to 10 rounds, turning millions of gun owners into felons overnight while trying to redefine long-standing gun definitions.
    • New Jersey Revised Statutes, Title 2C, Section 39-3(j): https://law.justia.com/codes/new-jersey/2009/title-2c/2c-39/2c-39-3
  • New York: Their law fluctuates between seven to 10 rounds. However, the question remains: Are these regulations truly for the safety of New Yorkers or merely political gestures?
    • New York Penal Law, Section 265.01(c): https://www.nysenate.gov/legislation/laws/PEN/265.01-C
  • Rhode Island: Recently implemented a 10-round cap. The Ocean State’s stance appears more like a wave against gun rights.
    • Rhode Island General Laws, Section 11-47-50: http://webserver.rilin.state.ri.us/Statutes/TITLE11/11-47/INDEX.HTM
  • Vermont: A 15-round cap for handguns exists, but with the Green Mountain State’s rich history, this seems a surprising and abrupt turn.
    • Vermont Statutes Annotated, Title 13, Section 4005(c): https://law.justia.com/codes/vermont/2022/title-13/
  • Virginia: While they haven’t explicitly restricted magazine size, they’ve craftily redefined certain weapons to circumvent rights. Virginia does not have any explicit restrictions on magazine capacity. Still, it has a law that prohibits the possession of certain firearms with magazines that hold more than 20 rounds in certain public places in certain cities. This law is known as the “High-Capacity Magazine Ban.”
    • Virginia Code, Section 18.2-287.4: https://law.lis.virginia.gov/vacode/title18.2/chapter7/section18.2-287.4/
  • Washington: Here, 10 rounds is the limit for both rifles and pistols, casting a shadow over the Evergreen State’s gun owners.
    • Washington Revised Code, Section 9.41.045: https://app.leg.wa.gov/rcw/default.aspx?cite=9.41.045

All Magazine Restrictions Are Unconstitutional

Firearms magazine restrictions should all be ruled unconstitutional. Each is a direct impingement of freedom, and all are designed to frustrate and entrap unsuspecting gun owners. From this perspective, the argument is clear: Rather than addressing the root causes of violence, these regulations are just feel-good, do-something responses designed to do one thing: chip away at law-abiding citizens’ right to self-defense.

Ant-gun states spin these restrictions as a step toward “safety,” and countless Americans view them as a step away from the liberties they hold dear. For them, the right to bear arms, in its entirety, is non-negotiable and an integral part of what makes America free.

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Cappy

An old friend of mine used to say, “You can’t never have too much gasoline or too many magazines… unless you’re on fire.”

MICHAEL J

The only thing that’s unconstitutional are the vipers who pass those infringements.

musicman44mag

Magazines are not dangerous and can’t hurt anyone. Instead of having guns all over the place, I prefer to always have my carry on me with a couple of backups and all my vehicles have two extra mags that are loaded in 5.56, 40 XDM and Hellcat 9mm because I never know which of them I will be carrying or if I will have all of them (preferred).

I always say, the more loaded mags the merrier and there is never any such thing as too many.

swmft

you do need to be sure they wont get too hot where you live.

DDS

Unless you’re trying to swim to shore LOL.

DIYinSTL

I’m still searching for the founding era law that limits the size of a powder horn or the capacity of a bullet pouch. However there is the founding era requirement to keep a minimum of 20 rounds of shot and powder and a number of spare flints. Maybe a law specifying magazines have a minimum capacity of 20 rounds would pass constitutional muster. Not practical for handguns or hunting rifles but an interesting concept to ponder.

DDS

I haven’t read the book in a long time but IIRC there was a part of “April Morning” where the father took a few frantic minutes to teach his son how to measure out a combat load by feel.

He said something like “You’re not going to be hunting partridges today, son.”

DIYinSTL

Funny how some of the best book recommendations come from this website. An as new hardcover of “April Morning” should arrive by next week.

Montana454Casull

Those mags are obsolete , Joey has invented a new type of weapon to villonize , it hold a 100 rounds in the chamber supposedly . LMFAO

DDS

I knew a girl with a chamber like that.

Montana454Casull

I knew several and that’s why I stay away from them now . Not relying on search and rescue in my old age

swmft

with a 454 and pocket full of ammo only rescue you need is hearing

swmft

the only gun that does is the ones that use electric ignition and they are still experimental, ,there is a test with one multi barrel something like 100,000 rounds per minute. computer controlled…..no pull of trigger not a machine gun atf would be fit to be tied if they started selling these

Raconteur

Australian Metal Storm. 180 stacked rounds in 36 barrels, firing at a rate of 1 million/minute.

MP71

That beats those “beehive” devices that shoot 15 rounds of .22 out of a 37mm flare launcher.

TPKeller

The premise that capacity limits save lives is a lie. Anyone planning a mass shooting has all the time in the world to practice changing magazines, reducing that time to just a second or two. We’ve all seen it in the movies, a prepared shooter can be QUICK. It’s the victims who need higher capacity magazines to level the field against someone who has long planned and prepared for their crime. Ordinary people (victims) do not practice this every day, and in many cases, do not carry extra magazines at all. Just another gun-control law that hurts FAR more than… Read more »

JoeUSooner

All ‘firearms magazine restrictions’ ARE unconstitutional! Period.

Darkman

And yet they still exist. Even after the Courts have ruled they are. Why??? Because, You deserve the Tyrants and Tyranny…You Allow,

PistolGrip44

Don’t depend on the “supreme” court to save us. We will need to do whatever is going to become necessary; no matter how ugly it might get. But, then I don’t imagine too many so-called “Patriots” will stand tall.

BTW, there is only One who is “SUPREME.”

OldJarhead03

New Mexico attempted to pass a nine round limit. Slick, HUH!
Gun grabbers aren’t all stupid. That would outlaw every modern pistol other than pocket pistols and revolvers. 1911 anyone?

DDS

Maybe not all, but a lot of them are. When New York passed their first try at their SAFE act, they forgot to exempt the police from the magazine limits. Made every cop gun in the state illegal.