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
Joe Biden: Hero Who Ended Texas Rampage Shouldn’t Have Had His Gun

News  

Second Amendment  

Friday, November 17, 2017

Joe Biden: Hero Who Ended Texas Rampage Shouldn’t Have Had His Gun

Most Americans consider Stephen Willeford a hero for bravely ending the rampage of a crazed murderer at a Texas church … but not former Vice President Joe Biden. During a national television appearance on Monday, ...

Muzzleloaders Now Targeted by “Giffords” Gun Prohibition Lobby

News  

Friday, November 17, 2017

Muzzleloaders Now Targeted by “Giffords” Gun Prohibition Lobby

It didn’t take long after the events in Las Vegas, Nevada for gun control advocates to resort to their usual tactic of blaming hardware for the acts of an evil man. Numerous anti-gun bills were ...

With ‘Firearm’ Offenses up 27-percent, UK Holds National Gun Surrender

News  

Friday, November 17, 2017

With ‘Firearm’ Offenses up 27-percent, UK Holds National Gun Surrender

Anti-gun advocates like Gun Control Network Chair Gillian Marshall-Andrews tout the United Kingdom’s longstanding firearms restrictions, which include a near total ban on handguns, as the “gold standard” of gun control. In recent years, UK ...

Terry McAuliffe’s Halfway Heroism

News  

Second Amendment  

Friday, November 17, 2017

Terry McAuliffe’s Halfway Heroism

Virginia Governor Terry McAuliffe has recently been distinguished by Governing magazine as one of its “Public Officials of the Year.” According to the magazine, Gov. McAuliffe claims his “proudest single achievement” in office has been restoring ...

Gun Controllers Choose to Ignore Cases of Good Guys with Guns

News  

Second Amendment  

Friday, November 17, 2017

Gun Controllers Choose to Ignore Cases of Good Guys with Guns

Less than three hours after the tragedy at the First Baptist Church in Sutherland Springs, Texas, Sen. Chris Murphy (D-Conn.) was looking to score political points. As is his custom, Murphy fired off a tweet admonishing his ...

When Gun Control Fails

News  

Second Amendment  

Friday, July 21, 2017

When Gun Control Fails

Gun control is pushed as a strategy to keep Americans safe in their homes, schools and workplaces. It is presented as the key component in safer streets, neighborhoods and families. But what happens when gun ...

Dianne Feinstein Wants to Ban Commonly Owned Semi-Autos, Again!

News  

Thursday, November 9, 2017

Dianne Feinstein Wants to Ban Commonly Owned Semi-Autos, Again!

Senator Dianne Feinstein introduced S. 2095, which she is calling the Assault Weapons Ban of 2017. The 125-page firearm prohibition fever dream is perhaps the most far-reaching gun ban ever introduced in Congress.

This Man Did Not Write A Second (Class) Amendment

News  

Second Amendment  

Friday, November 3, 2017

This Man Did Not Write A Second (Class) Amendment

Courts are telling gun owners that they must choose between their Second Amendment-protected rights and their other constitutional rights. 

News  

Tuesday, June 21, 2016

Who Qualifies for the LEOSA Privilege?

Within my first week as an attorney at the National Rifle Association of America's Institute for Legislative Action I took a call on the Law Enforcement Officers Safety Act (LEOSA). I admittedly knew nothing about ...

Guide To The Interstate Transportation Of Firearms

Gun Laws  

Thursday, January 1, 2015

Guide To The Interstate Transportation Of Firearms

CAUTION: Federal and state firearms laws are subject to frequent change. This summary is not to be considered as legal advice or a restatement of law.

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.