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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 recently enacted ban on the possession of magazines capable of holding more than 10 rounds as a result of Proposition 63, as well as all of California’s other restrictions on such magazines. The lawsuit challenges the restrictions as a violation of the Second Amendment, Due Process clause, and Takings clause of the United States Constitution. 

Less than three days before California’s ban on the mere possession of magazines capable of holding more than 10 rounds was scheduled to take effect, San Diego Federal District Court Judge Roger T. Benitez issued an order granting NRA and CRPA attorney’s request for an injunction while the lawsuit is pending. As a result, California gun owners who currently possess such magazines may continue to do so without fear of prosecution while the constitutionality of the law is decided in the courts. Unsurprisingly, the California Department of Justice has appealed the injunction to the Ninth Circuit. 

In support of the plaintiffs are 18 States, including Arizona, Alabama, Arkansas, Georgia, Idaho, Kansas, Louisiana, Michigan, Missouri, Montana, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Utah, West Virginia, Wyoming, filed an amicus brief illustrating how the Second Amendment protects magazines capable of holding more than 10 rounds and how California’s restrictions constitute a “taking” which requires just compensation to affected owners. 

Several Law Enforcement and State and Local Firearm Rights groups also filed an amicus brief highlighting how California’s restrictions will not reduce violent crime, but instead will increase the danger to victims. The brief also states how magazines capable of holding more than 10 rounds are not disproportionately used in attacks on law enforcement, and that California has failed to show that its restrictions will reduce mass shootings and injuries. The listed groups participating as an amicus include:

 

California State Sheriffs Association

Western States Sheriffs Association

California Reserve Peace Officers Association

San Francisco Veteran Police Officers Association

California Gang Investigators Association

International Law Enforcement Educators and Trainers Association

Law Enforcement Legal Defense Fund

Law Enforcement Action Network

Law Enforcement Alliance of America

International Association of Law Enforcement Firearms Instructors

Association of New Jersey Rifle & Pistol Clubs

Bridgeville Rifle & Pistol Club

Connecticut Citizens Defense League

Delaware State Sportsmen’s Association

Gun Owners Action League Massachusetts

Gun Owners of California

Hawaii Rifle Association

Illinois State Rifle Association

Missourians for Personal Safety

New York State Rile & Pistol Association

Vermont Federation of Sportsmen’s Clubs

Vermont State Rifle & Pistol Association

Virginia Shooting Sports Association

Western Missouri Shooters Alliance 

Doctors for Responsible Gun Ownership, the Independence Institute, Millennial Policy Center, and the National Rifle Association Freedom Action Foundation also filed amicus briefs, each detailing how magazines capable of holding more than 10 rounds are in common use and therefore protected under the Second Amendment. 

To stay up to date on the Duncan lawsuit, as well as other important Second Amendment issues here in California be sure to check your inbox as well as the Stand and Fight California webpage.

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Outback Steakhouse: No Rights, Just Rules

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Friday, February 9, 2018

Outback Steakhouse: No Rights, Just Rules

The word “Outback” used to conjure images of Australia’s tenacious frontier spirit; of hunters, ranchers, and other adventurers who carved out a harsh existence from an unforgiving land.

Monday, June 23, 2014

ALERT: Governor Rick Scott Makes History Signing 5 Pro-gun Bills

On, Friday, June 20, 2014, Florida Governor Rick Scott signed 5 pro-gun bills into law.  A strong supporter of the Second Amendment, Governor Rick Scott has now signed more pro-gun bills into law -- in ...

What the Media Doesn’t Want You to Know: Enactment of National Reciprocity is Closer than Ever!

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Friday, February 2, 2018

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New Hampshire: Governor Sununu Signs Constitutional/Permitless Carry Bill Into Law!

Wednesday, February 22, 2017

New Hampshire: Governor Sununu Signs Constitutional/Permitless Carry Bill Into Law!

Today, in a private signing ceremony, Governor Chris Sununu signed Senate Bill 12 into law.  Similar legislation had been vetoed by former Governor Maggie Hassan for two years in a row, but thanks to your active involvement, ...

Ten Reasons Why States Should Reject "Assault Weapon" and "Large" Magazine Bans

News  

Tuesday, June 17, 2014

Ten Reasons Why States Should Reject "Assault Weapon" and "Large" Magazine Bans

In the late 1980s, gun control groups realized that they had failed in their original goal—getting handguns banned1—and began campaigning against semi-automatic firearms they called “assault weapons,” most of which are rifles. As an anti-gun ...

Washington: Gun Bills to Be Heard Next Week

Saturday, February 17, 2018

Washington: Gun Bills to Be Heard Next Week

On February 9th, the Washington state Senate passed Senate Bill 6298 to expand the category of persons stripped of their Second Amendment rights and it is now scheduled for a hearing in the House Judiciary ...

Gun Laws  

Wednesday, March 24, 2004

Citizen's Guide To Federal Firearms Laws - Summary

A Citizen`s Guide to Federal Firearms Laws A summary of federal restrictions on the purchase, sale, possession, and transportation of firearms and ammunition. Caution: Firearm laws are subject to frequent change and court interpretation.

NRA Endorses Marco Rubio for U.S. Senate

News  

Thursday, July 7, 2016

NRA Endorses Marco Rubio for U.S. Senate

Fairfax, Va.— On behalf of our five million members across the country, the National Rifle Association Political Victory Fund (NRA-PVF) today endorsed Marco Rubio for the office of U.S. Senate in the Florida Republican primary.

Oklahoma: House Committee to Consider Permitless Carry Legislation

Wednesday, February 21, 2018

Oklahoma: House Committee to Consider Permitless Carry Legislation

Tomorrow, the Oklahoma House Public Safety Committee is scheduled to consider House Bill 2951.

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.

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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.