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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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Colorado: General Assembly Continues to Follow California's Lead; Semi-Auto Ban Scheduled For Hearing

Thursday, March 7, 2024

Colorado: General Assembly Continues to Follow California's Lead; Semi-Auto Ban Scheduled For Hearing

The Colorado General Assembly continues to follow California's lead when it comes to gun control, this year already pushing for an 11% Excise tax on firearms/ammunition and now pursuing a ban on commonly owned semi-automatic ...

Wisconsin: Legislation Updating the Definition of Muzzloader Signed by Governor Evers

Friday, March 15, 2024

Wisconsin: Legislation Updating the Definition of Muzzloader Signed by Governor Evers

Yesterday, the governor signed Wisconsin Act 116, formally Senate Bill 587, into law. This legislation establishes a new definition for “muzzleloaders” that would allow for the use of innovative technological advancements that could benefit sportsmen, ...

Maine: NRA Fires Back Against Gun Grabbers

Friday, March 15, 2024

Maine: NRA Fires Back Against Gun Grabbers

For months, anti-gun politicians and gun-grabbing groups have been running wild in Augusta, spreading misinformation about firearms in a desperate attempt to pass the most extreme gun-control in the country. The proposals carry the same theme, ...

Delaware: Senate Passes Maryland-Style Permit to Purchase Scheme

Friday, March 15, 2024

Delaware: Senate Passes Maryland-Style Permit to Purchase Scheme

Last night, the Delaware Senate passed Senate Substitute 1 for Senate Bill 2 (SB 2) by a vote of 15 to 6. This extreme legislation will impose a Maryland-style “handgun qualified purchase card” and a handgun transfer ...

Virginia: More than a Dozen Anti-Gun Bills Sent to the Governor!

Wednesday, March 6, 2024

Virginia: More than a Dozen Anti-Gun Bills Sent to the Governor!

The newly elected Virginia General Assembly has prioritized restricting law-abiding citizens' Second Amendment rights and has made good on that priority this session. This year, dozens of anti-gun bills have been considered in both chambers ...

Colorado: Semi-Auto Ban Introduced in General Assembly

Wednesday, February 14, 2024

Colorado: Semi-Auto Ban Introduced in General Assembly

Anti-Gun extremist State Reps. Tim Hernandez (D-04) and Elisabeth Epps (D-06) introduced House Bill 24-1292, a bill banning the manufacturing, importing, purchasing, selling, offering to sell, or transferring ownership of so called “assault weapons”. 

Washington Post’s Somewhat Pro-Gun Column Inadvertently Exposes Problem with Mandatory Storage Laws

News  

Monday, March 11, 2024

Washington Post’s Somewhat Pro-Gun Column Inadvertently Exposes Problem with Mandatory Storage Laws

We generally don’t expect to see the Washington Post say anything positive about firearms or law-abiding gun owners, although there are occasional Op-Eds from pro-Second Amendment lawmakers, unbiased researchers and Constitutional scholars, and the like.

Appropriations Bill Passes with Language Protecting Veterans’ Second Amendment Rights

News  

Monday, March 11, 2024

Appropriations Bill Passes with Language Protecting Veterans’ Second Amendment Rights

Last week, Congress approved a package of legislation to fund various government agencies that corrects a longstanding and shameful practice that had been depriving American veterans of their Second Amendment rights since 1998.

Colorado: Mandatory Storage Bill Passes Committee and Hearings Postponed Due to Weather

Thursday, March 14, 2024

Colorado: Mandatory Storage Bill Passes Committee and Hearings Postponed Due to Weather

Today, HB 24-1348 which mandates how firearms must be stored in unattended vehicles, passed out of the House Judiciary Committee and is now eligible for a final vote on the House Floor. Please contact your lawmakers by using the ...

Utah: Governor Cox Signs Legislation Protecting Financial Privacy of Gun Owners!

Thursday, March 14, 2024

Utah: Governor Cox Signs Legislation Protecting Financial Privacy of Gun Owners!

Today, Governor Spencer Cox signed HB 406, legislation that provides important financial privacy protections for gun owners when purchasing firearms, firearm parts, and ammunition. The NRA would like to thank Governor Cox for signing this ...

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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.