Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

California: Court Denies Request to Temporarily Block Enforcement of Los Angeles Ordinance Banning So-Called “Large-Capacity” Magazines

Friday, November 13, 2015

California: Court Denies Request to Temporarily Block Enforcement of Los Angeles Ordinance Banning So-Called “Large-Capacity” Magazines

As previously reported, a majority of California Sheriffs, two law enforcement organizations, the California Rifle and Pistol Association (CRPA), and several other individuals filed a lawsuit seeking to invalidate Los Angeles’ recently enacted ban on the  the possession of standard capacity magazines capable of holding more than ten rounds.  The lawsuit, Bosenko v. City of Los Angeles, challenges the magazine possession ban on legal “preemption” grounds, because California state law allows for the possession of such magazines, and specifically authorizes their possession in a variety of circumstances that the City improperly prohibits.

On November 12, 2015, the trial court denied a preliminary emergency request to temporarily block the city from enforcing the ordinance while the case proceeds. The court cited a lack of “irreparable harm” that would result if the ordinance goes into effect, because individuals can store their magazines outside the City or not travel into Los Angeles with their magazines while the case is litigated.  The court agreed to expedite the case, however, and made no ruling on the ultimate merits of whether the City’s archaic ban is preempted by the state’s comprehensive regulation of standard-capacity magazines. The parties will now have an opportunity to fully brief the preemption issues for the court, and a final ruling from the trial court is expected in the first half of 2016. Because the court made no findings whatsoever on whether the ordinance is preempted, any other jurisdictions that might consider adopting similar ordinances will face immediate litigation. If you learn of similar ordinances being considered in your area, please promptly contact the law offices of Michel and Associates, P.C.

To help you understand your rights and responsibilities under the ordinance, the NRA and CRPA have prepared a detailed Compliance Guide for individuals who may be impacted by the new law. The complimentary guide explains the ins and outs of the ordinance, your options for lawfully keeping your magazines while the case proceeds, and how to effectively protect your rights during encounters with law enforcement. Under the conditions of the ordinance, the mere possession of any so-called “large-capacity” magazine within Los Angeles on or after November19, 2015 will be a misdemeanor offense. Los Angeles residents must remove any banned magazines from Los Angeles city limits before that date.  If you are a Los Angeles resident and you fail to exercise any of your options discussed in the Compliance Guide before November 19, you should contact an attorney experienced in firearms law to discuss your situation.

Significantly, the ordinance doesn’t only apply to Los Angeles city residents. Non-resident gun owners must avoid traveling through any part of the city of Los Angeles while possessing any banned magazine. It is practically impossible to know all of the city’s exact boundaries, as illustrated by this map. The borders of Los Angeles intersect every major Southern California freeway. In some cases the city of Los Angeles completely surrounds other smaller cities, like Beverly Hills, and Santa Monica. So anyone traveling out of Santa Monica or Beverly Hills, and anyone traveling through the city of Los Angeles with a banned magazine can be prosecuted.

Stay tuned for further information as this case continues towards a resolution on the merits. As the case progresses, all filings in the case can be viewed here. In the meantime, please refer to the information below on ways you can help fund this lawsuit and others like it that seek to preserve and promote your Second Amendment rights.

 

Help Us Help You

Please help us fight for your right to choose to own a gun for sport, or to defend yourself and your family. The NRA and CRPA work together in California to fight for you, in cities and counties across the state, in regulatory agencies, and in the courts.  Even with the generous rates that our team of civil rights attorneys, legislative advocates, experts and consultants grant us, these ongoing efforts are still expensive. You can support our pro-Second Amendment efforts in California by donating to the NRA Legal Action Project.  All donations will be spent to specifically benefit California gun owners.

Second Amendment supporters should be careful about supporting litigation or other efforts promised by other individuals and groups that lack the experience, resources, skill, or legal talent to be successful. The NRA and CRPA national team of highly regarded civil rights attorneys, legislative advocates, and scholars has the experience, resources, skill and expertise needed to maximize the potential for victory in California’s often hostile political environments.

For a summary of some of the many actions the NRA and CRPA has taken on behalf of California gun owners, including the Peruta case, click here.          

TRENDING NOW
Washington: Substitute Version of Gun Control Bill Passes House Committee

Friday, January 19, 2018

Washington: Substitute Version of Gun Control Bill Passes House Committee

Yesterday, the House Judiciary Committee passed Substitute House Bill 1122 out of committee on a 7-6 vote.  This bill, which would require gun owners to lock up their firearms or potentially face criminal charges, will ...

Washington: Trigger Modification Ban Passes Committee

Tuesday, January 16, 2018

Washington: Trigger Modification Ban Passes Committee

Earlier today, the Washington state Senate Law & Justice Committee passed Senate Bill 5992 out of committee with a 4-3 vote. As drafted, this legislation has overreaching language that would ban modifications commonly made to ...

Crossing the Line – Firearm Preemption Protection Under Attack

News  

Friday, January 19, 2018

Crossing the Line – Firearm Preemption Protection Under Attack

Gun control groups are fond of describing preemption as a doctrine whereby a state has stripped local governments of their power to regulate guns.

Australia: Queensland’s Labor Party Government Targets MP for Gun Control Heresy

News  

Friday, January 19, 2018

Australia: Queensland’s Labor Party Government Targets MP for Gun Control Heresy

The sorry state of gun politics in Australia was put into stark relief recently, after Liberal National Party (LNP) Queensland Legislative Assembly MP Anthony Perrett took a principled stand in favor of his constituents’ gun rights.

Arizona: Signature Gathering Underway For Hunting Ban Initiative

Hunting  

Friday, January 19, 2018

Arizona: Signature Gathering Underway For Hunting Ban Initiative

The Humane Society of the United States (HSUS) and their front-group “Arizonans for Wildlife” are currently gathering signatures for a ballot initiative that would ban the hunting and trapping of mountain lions and bobcats in ...

Eighteen States, Law Enforcement, Doctors, and Firearm Rights Groups File Amicus Briefs in Lawsuit Challenging California 10+ Magazine Ban

Tuesday, January 16, 2018

Eighteen States, Law Enforcement, Doctors, and Firearm Rights Groups File Amicus Briefs in Lawsuit Challenging California 10+ Magazine Ban

On Friday, January 12, several amicus briefs were filed in the NRA and CRPA supported lawsuit challenging California’s restrictions against magazines capable of holding more than 10 rounds. The lawsuit, titled Duncan v. Becerra, challenges California’s ...

Washington: House Judiciary to Hear Gun Control Bills

Thursday, January 18, 2018

Washington: House Judiciary to Hear Gun Control Bills

On Thursday, January 25th at 1:30PM, the House Judiciary Committee is scheduled to hear several sweeping gun control bills.  NRA Members and Second Amendment supporters are strongly encouraged to attend the committee hearing to voice your opposition ...

Hawaii: Trigger Modification Ban Introduced in the Senate

Thursday, January 18, 2018

Hawaii: Trigger Modification Ban Introduced in the Senate

Today, Senator Karl Rhoads (D-13) introduced legislation that would ban modifications commonly made to firearms by law-abiding citizens.  SB 2046 is currently pending a committee referral.  Please contact your Senator today and urge them to OPPOSE this ...

Indiana: Rifle Hunting Bill Passes Senate

Hunting  

Friday, January 19, 2018

Indiana: Rifle Hunting Bill Passes Senate

On Thursday, January 18th, Senate Bill 20 passed the Indiana state Senate by a vote of 47-2 and will now move to the House.  

New Jersey:  2018 Brings Bigger Challenges for New Jersey Gun Owners

Friday, January 19, 2018

New Jersey: 2018 Brings Bigger Challenges for New Jersey Gun Owners

A new Governor took the reins from Gov. Chris Christie this week, and a new Legislature has been sworn into office. 

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.