Explore The NRA Universe Of Websites

APPEARS IN News

Lautenberg-Schumer Amendment Would Ban Standard Magazines

Tuesday, July 31, 2012

Sens. Chuck Schumer (D-N.Y.) and Frank Lautenberg (D-N.J.) have proposed an amendment to the "Cybersecurity Act" to ban standard capacity magazines.

The amendment would ban import, possession, and transfer of magazines that accept (or could be readily converted to accept) more than ten rounds and that are manufactured after the enactment of the amendment. Pre-ban magazines could be possessed by the current owner, but not transferred or imported. The ban only excludes tubular magazines designed to accept .22-caliber ammunition.

This amendment is similar to the ban imposed by the Clinton Administration that expired when the failed semi-auto ban ended in 2004, but more restrictive. During the 10 years that law was in effect, it was never shown that any aspect of the ban had any impact on the criminal misuse of firearms. In the eight years the ban expired, millions more magazines have been made and sold, while homicide and other violent crimes have continued to hit near-record lows each year.

The amendment would violate the fundamental, individual right to keep and bear arms for self-defense. The Supreme Court has ruled that the Second Amendment protects the possession of arms that are commonly used for lawful purposes. Firearms designed to use magazines that hold more than 10 rounds are among the most commonly owned and used self-defense guns today. Millions of such magazines are in circulation amongst law-abiding people. Indeed, they are the overwhelming choice of state and local police departments nationwide, contradicting ban supporters' claim that such magazines are only suitable for use in crime.

The amendment provides for fines and up to 10 years in prison for violations. That is double the possible prison term under the 1994-2004 ban.

For those who own magazines capable of holding more than 10 rounds, the amendment would also create a new risk of prosecution. Because virtually no existing magazines bear any markings that show when they were made, the amendment 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 produce evidence 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 and established a legal presumption that unmarked magazines predated the ban.

Obviously, despite the burdens it would put on honest Americans, the amendment wouldn't stop criminals 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, and 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, criminals could still use multiple smaller magazines, multiple firearms, more powerful firearms, or weapons other than firearms.

Finally, the proposed ban’s prohibitions are so sweeping that they prevent even those in lawful possession of pre-ban magazines from sharing the magazines with a companion at a range or training course. Millions of people who have never committed a crime or posed a risk of harm to anyone would arbitrarily be subject to prosecution for a 10-year federal felony.

IN THIS ARTICLE
magazine ban Lautenberg Schumer
TRENDING NOW
Maryland: Pro-Carry Legislation Pending Final Vote on House Floor

Monday, March 20, 2017

Maryland: Pro-Carry Legislation Pending Final Vote on House Floor

Today, the Maryland House of Delegates passed House Bill 1036 on second reading.

Ohio: Critical Self-Defense Law Takes Effect Today!

Tuesday, March 21, 2017

Ohio: Critical Self-Defense Law Takes Effect Today!

Today, March 21, the provisions of the critical self-defense legislation, Sub. Senate Bill 199, go into effect.  Thanks to your active involvement last session, this bill was signed by Governor Kasich last December.  This law ...

Maryland: House Passes Pro-Carry Legislation

Tuesday, March 21, 2017

Maryland: House Passes Pro-Carry Legislation

Yesterday, the Maryland House of Delegates passed House Bill 1036 by a 97-41 vote.

Illinois: Gun Seizure Bill Could be Heard by House at Any Time

Tuesday, March 21, 2017

Illinois: Gun Seizure Bill Could be Heard by House at Any Time

The Illinois House of Representatives could consider House Bill 2354 at any time.

Arkansas Action Needed: Anti-Gun Bill Which Undermines Concealed Carry Headed to House

Thursday, March 23, 2017

Arkansas Action Needed: Anti-Gun Bill Which Undermines Concealed Carry Headed to House

Today, the Arkansas Senate passed Senate Bill 724, an anti-gun bill which undermines some of the key advancements made with the passage and enactment of House Bill 1249.  SB 724 is now headed to the ...

Idaho: Senate Passes Concealed Carry Amendment

Tuesday, March 21, 2017

Idaho: Senate Passes Concealed Carry Amendment

Yesterday, March 20, the Idaho Senate passed House Bill 93 by a 35-0 vote.  Introduced by state Representative Don Cheatham (R-3B) and sponsored on the floor by state Senator Marv Hagedorn (R-14), HB 93 would amend current law ...

Utah: Governor Signs Self-Defense Legislation into Law

Thursday, March 23, 2017

Utah: Governor Signs Self-Defense Legislation into Law

Tonight, Governor Gary Herbert signed House Bill 198 into law.

Nevada: Senate Passes Anti-Gun SB 115

Wednesday, March 22, 2017

Nevada: Senate Passes Anti-Gun SB 115

Yesterday, March 21, the Senate passed anti-gun Senate Bill 115 with a 12-9 vote.  SB 115 was sent to the Assembly for further consideration.  Sponsored by state Senator Moises Denis (D-2), SB 115 would expand the list ...

Texas: Two Important Handgun Carry Bills to be Considered in Senate and House Next Week

Thursday, March 23, 2017

Texas: Two Important Handgun Carry Bills to be Considered in Senate and House Next Week

On Monday, March 27, the Texas Senate will convene after 2:00pm and is expected to take up and consider Senate Bill 16, NRA-backed legislation sponsored by State Sen. Robert Nichols (R-Jacksonville) and Joan Huffman (R-Houston).

Are Ear Plugs Better Than a Suppressor?

Hunting  

News  

Friday, March 17, 2017

Are Ear Plugs Better Than a Suppressor?

On March 13, the gun control group, Americans for Responsible Solutions, posted a tweet claiming:  “FACT:  Silencers do not protect your hearing.”  An infographic accompanied the tweet with the additional claim “You know what protects ...

MORE TRENDING +
LESS TRENDING -
NRA ILA

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.