A case challenging California’s ban of standard-capacity magazines was recently appealed to the Supreme Court, and we just filed an amicus brief calling on the Court to take the case and rule in favor of the Second Amendment.
California initially banned the purchase of standard-capacity magazines (holding more than ten rounds of ammunition) in 2000, and in 2016 banned the actual possession of these magazines – without compensating magazine owners for the loss of their property. Gun owners who failed to dispose of their magazines could receive up to a year of jailtime.
These magazines are standard for many guns – including the most popular gun in America, the AR-15 – and include about half of all magazines in circulation. While California is the only state banning actual magazine possession, Maryland, Colorado, New Jersey, Hawaii, Vermont, New York, Connecticut, and Massachusetts have also banned the purchase of standard capacity magazines.
This is unacceptable.
Your National Foundation for Gun Rights is fighting this unconstitutional attack on the rights of law-abiding Americans by asking the U.S. Supreme Court to strike down the California magazine ban.
Specifically, we are asking the Supreme Court to take Duncan v. Bonta, a case out of the anti-gun 9th Circuit Court of Appeals. The 9th Circuit ruled incorrectly that the magazine ban is not a violation of the Second Amendment and that the law should be upheld.
The 9th Circuit’s (which presides over California, Hawaii, Alaska, Arizona, Nevada, Oregon, Washington, Idaho, and Montana) “test” for whether or not a gun law violates the Second Amendment has accurately been described by Judge Lawrence VanDyke as, “providing numerous off-ramps for judges to uphold any gun-regulation in question without hardly breaking a sweat.” (McDougall v. Ventura, 2021)
The amicus brief we filed asking the Supreme Court to step up and take this case calls on the Justices to correctly rule in favor of the Second Amendment. As we said in our brief:
“History, tradition, and text demonstrate that the right to keep and bear arms is not a second-class right, and not subject to a second-tier, less-than-favorable analysis that eviscerates that right.”
In their own words, the 9th Circuit has said they will continue to restrict gun rights “unless and until the Supreme Court tells” them otherwise. And we are telling the Supreme Court that it is high time they did just that.
If this law is upheld by the Supreme Court, it will be a green light to anti-gun politicians everywhere to follow California’s example by banning commonly owned standard-capacity magazines.
The National Foundation for Gun Rights will not stand by and let this happen. We are fighting for this law to be overturned by the Supreme Court in favor of your Second Amendment freedoms.
As with all freedoms, protecting them is not free. Please consider joining with us financially in this fight to protect the Second Amendment by clicking here.