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
“Fact Checker:” Joe Biden’s “Gun Ban” Not a Gun Ban Because Some Guns Wouldn’t Be Banned

News  

Monday, July 15, 2019

“Fact Checker:” Joe Biden’s “Gun Ban” Not a Gun Ban Because Some Guns Wouldn’t Be Banned

Facebook has teamed up with what it calls “third-party fact-checkers” to punish users of its platform that post information embarrassing or inconvenient to the political outlook of its principals. Yet like most sources of what ...

Oregon: Initiative Filed to Restrict Self-Defense

Friday, July 19, 2019

Oregon: Initiative Filed to Restrict Self-Defense

On July 18th, Initiative Petition 40​ was filed in Oregon to restrict the Second Amendment rights of law abiding adults by imposing a broad, one-size-fits-all method of storing firearms.  This egregious attack on our freedoms uses virtually ...

Hollywood Fantasy v. Reality on Firearm Suppressors

News  

Monday, July 15, 2019

Hollywood Fantasy v. Reality on Firearm Suppressors

It’s no secret that Hollywood has a very loose relationship with reality.  The movie industry, after all, is based on fantasy and escapism, and that’s not necessarily a bad thing.  If someone wants to forget ...

Presidential Pretender Who Campaigned on Gun Control First to Call It Quits

News  

Monday, July 15, 2019

Presidential Pretender Who Campaigned on Gun Control First to Call It Quits

On Monday, Eric Swalwell became the first of the many pretenders for the Democrat presidential nomination to bow (or perhaps slink) out of the race. The U.S. Congressman from California’s 15th District had tried to distinguish himself from ...

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.

NRA Statement On Virginia Special Session

News  

Tuesday, July 9, 2019

NRA Statement On Virginia Special Session

FAIRFAX, Va.–   The interim executive director of the National Rifle Association Institute for Legislative Action, Jason Ouimet, released the following statement today regarding the special session in Virginia:  "The National Rifle Association has a long ...

California: City of San Diego Considers Gun Control Ordinance

Friday, July 12, 2019

California: City of San Diego Considers Gun Control Ordinance

San Diego City Attorney, Mara Elliott has asked the City Council to consider a draft ordinance that would require mandatory locked storage of firearms in the home and would propose a conflicting law regarding the reporting of ...

Hawaii: Governor Ige Signs Anti-Gun Legislation

Wednesday, July 10, 2019

Hawaii: Governor Ige Signs Anti-Gun Legislation

On July 9th, Governor David Ige signed the final remaining anti-gun bill awaiting his consideration, Senate Bill 600. This comes on the heels of him signing Senate Bill 1466 on June 27th. 

California: Injunction Request to be Filed in Lawsuit Challenging California Ammo Law

Wednesday, July 3, 2019

California: Injunction Request to be Filed in Lawsuit Challenging California Ammo Law

CRPA, with the support of NRA, challenged the ammunition background check law in court months ago with the filing of the Rhode v. Becerra case. The lead plaintiff in the case is Olympic gold medalist shooter ...

Recent Poll Shows Gun Control Not as Popular as Some Would Like to Believe

News  

Monday, July 8, 2019

Recent Poll Shows Gun Control Not as Popular as Some Would Like to Believe

A recent Morning Consult/POLITICO poll, conducted immediately prior to the recent  Democratic debates and gathering responses from 1,991 registered voters, asked about views toward the candidates, issues of potential importance in the election, voting intention, and ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

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.