NRA Explore

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.

magazine ban Lautenberg Schumer


Friday, October 9, 2015

President Obama Shows His True Gun Control Agenda

Most of the media attention on President Obama’s renewed calls for gun control has focused on the tone ...


Friday, October 9, 2015

“F” Stands for Fail: Politifact Flip-Flops to Advocate Anti-Gun Narrative

As we’ve reported before, one of the more favored, yet discredited, claims made by gun control advocates is that ...


Friday, October 9, 2015

Verizon Fios Drops Outdoor and Sportsman Channels- Silencing Your Access to NRA Programs

Act Now and Demand Access to the Best in Outdoor Television.Verizon Fios has dropped Outdoor Channel and Sportsman ...

Second Amendment  


Friday, October 9, 2015

Clinton Says That the Second Amendment DOES NOT Protect an Individual Right to Keep and Bear Arms

A recent CNN/ORC International Poll found that 57-percent of Americans do not find Hillary Clinton “honest or trustworthy.” If there ...

Sunday, October 4, 2015

Florida Alert! Bill to Allow Open-Carry to Stop Abuse of CW License Holders

On Tuesday, October 6, 2015 at 9:00am the House Criminal Justice Committee will hold a hearing on  HB-163 ...


Sunday, October 4, 2015

Handgun ban? Fuggedaboudit! Nassau County DA Lifts Unconstitutional Restriction

Last week, law professor and Washington Post blogger Eugene Volokh, exposed how the District Attorney’s Office in Nassau County, New ...

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 ...

Friday, October 9, 2015

Michigan: Flawed Anti-Gun Legislation Introduced Designed to Erode Self-Defense

Bloomberg’s anti-gun machine has set its sights on the Michigan Legislature, once again.  This week, the Legislature saw ...


Wednesday, August 5, 2015

'Forty percent of guns don’t go through background checks' Lie Debunked

The claim that 40 percent of gun sales do not go through a federal background check is false ...

Friday, October 9, 2015

California: Governor has Until Sunday, October 11, to Consider Two Anti-Gun Bills

Two outstanding anti-gun bills remain that Governor Brown has to make a decision on by Sunday, October 11.  ...


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.