NRA Explore
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

News  

Friday, April 29, 2016

Social Security Administration Releases Proposed Rulemaking on Disability-Related Gun Ban

On Friday, the Social Security Administration (SSA) released a draft of a proposed rulemaking that would supposedly bring the agency into compliance with what it claims is its responsibility to report prohibited persons to the ...

News  

Friday, April 29, 2016

Aging Rocker to College Students: You’re Too Drunk, Violent, and Stupid for Your Rights

Throughout its history, rock-n-roll music has provided youth who are fed up with being lectured and condescended to by out-of-touch or hypocritical elders a voice to respond and to advocate for their own generation. Athens, ...

News  

Friday, April 29, 2016

Say What? Gun Control Advocates Try to Change the Language of Crime

As a cabinet level official in the Obama administration, former Secretary of State Hillary Clinton both reflected and informed the regime’s values and tactics, some of which she has carried forward into her own campaign ...

Friday, April 29, 2016

Michigan: Important Firearm Preemption Legislation Will Likely Receive Committee Vote Next Week

Next Wednesday, May 4, the House Local Government Committee is tentatively scheduled to consider and vote on House Bill 4795, as substituted.  HB 4795, sponsored by Chairman Lee Chatfield (R-District 107), is important legislation aimed ...

News  

Friday, April 29, 2016

Hillary Clinton to Attack Gun Owners Her “Very First Day” in Office

In what has become as reliable as clockwork, with the passing of another week comes another Hillary Clinton attack on gun owners. This time, the frontrunner for the Democratic presidential nomination explained to supporters her ...

Friday, April 29, 2016

Louisiana: House Committee to Vote Tuesday on Dangerous Bill Gutting Louisiana’s Firearms Preemption Law

Imagine the City of New Orleans having the statutory authority to pass any law they wanted governing the sale, purchase, possession, ownership, transfer, transportation, license, or registration of firearms and ammunition.

News  

Friday, April 29, 2016

Hollywood Ramps up Anti-gun Campaign

Gun control advocates and Hollywood have long been allied in an effort to propagandize the public against firearm ownership. However, as detailed in an April 27 piece in entertainment industry trade publication Variety, anti-gun groups ...

News  

Friday, April 29, 2016

NRA Statement on President Obama's Latest Gun Control

Fairfax, Va.— The National Rifle Association’s Institute for Legislative Action (NRA-ILA) issued the following statements on President Obama’s latest gun control push.

News  

Friday, April 29, 2016

Poll: Voters Not Swayed by Clinton’s Anti-Gun Duplicity

We’ve been reporting on Democrat presidential hopeful Hillary Clinton and her anti-gun mentality for months. She has been especially focused on the alleged immunity gun manufacturers have under federal law, the Protection in Lawful Commerce ...

Thursday, April 28, 2016

Connecticut: Gun Surrender Bill Moving through the General Assembly

Yesterday, April 27, House Bill 5054 passed the House of Representatives with a 104-42 vote.  HB 5054 is a large omnibus bill which threatens your Right to Keep and Bear Arms as well as your Fifth Amendment right to ...

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.