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Posts Tagged magazine ban
Washington State Mag Ban Unconstitutional
From The Truth About Guns:
A Washington state judge declared the state’s prohibition on high-capacity ammunition magazines unconstitutional, sparking immediate appeal actions that keep the law in force for the present, as reported by The Seattle Times and cited by the Associated Press. Cowlitz County Superior Court Judge Gary Bashor’s ruling on Monday challenged the 2022 law, which bans magazines holding more than 10 rounds, on grounds of violating both the U.S. and Washington state constitutions. However, the law remains active following an emergency appeal by Attorney General Bob Ferguson, upheld by the state Supreme Court.
No Special Privileges For Police Over Civilians
From Reason:
The magazine ban attempts to divorce today’s common arms of law-abiding citizens from today’s common arms of law enforcement officers, including sheriffs and their deputies. The divorce, contrary to the wishes of both parties, endangers citizens and officers alike.
The arms of ordinary law enforcement officers are carefully selected for only one purpose: lawful defense of innocents in civil society. Throughout American history, many citizens have looked to law enforcement for guidance in choosing arms for the same purpose. Denying those arms to citizens and to retired law enforcement officers endangers them for the same reasons that denying these arms to active law enforcement officers would endanger them. The most important reason is the necessity of reserve capacity, as detailed in Part II.
Oregon Gun Ban Overturned
From Bearing Arms:
Judge Raschio explained in his ruling that the measure violates an Oregonian’s right to bear arms, particularly the section that would ban high-capacity magazines.
“The court finds that the large capacity magazine ban effectively bans all firearm magazines fixed or attached which is unconstitutional under any application of said law,” the decision reads.
Washington Residents Buying Magazines Who Don’t Own Guns
From KIRO:
“People who don’t even buy guns are coming in and buying magazines just because they might buy a gun someday,” said Teasdale.
California Upholds Gun Magazine Ban
From The Reload:
An en banc panel at the Ninth Circuit Court of Appeals upheld the state’s prohibition on magazines that hold more than 10 rounds. In the case Duncan v. Bonta, the 7-4 court found that the ban does not violate the Second Amendment.
“Nothing in the record suggests that the restriction imposes any more than a minimal burden on the Second Amendment right to keep and bear arms,†Judge Susan P. Graber wrote in her opinion. “Similarly, the record suggests at most a minimal burden, if any burden at all, on the right of self-defense in the home.â€
Magazine Confiscation Divides Circuit Courts
From Reason:
California and New Jersey have enacted laws to confiscate firearms magazines holding more than 10 rounds. On Aug. 14, a 2-1 panel of the Ninth Circuit ruled California’s confiscation unconstitutional, in Duncan v. Becerra. The Third Circuit, Sept. 1, upheld by 2-1 confiscation in New Jersey in Association of New Jersey Rifle and Pistol Clubs Inc v. Attorney General New Jersey (NJ Rifle II). In combination, Duncan and NJ Rifle II cases provide a good view of the state of the Second Amendment argument today.
9th Circuit Declares Mag Ban Unconstitutional
From Sacramento CBS:
“Even well-intentioned laws must pass constitutional muster,†appellate Judge Kenneth Lee wrote for the panel’s majority. California’s ban on magazines holding more than 10 bullets “strikes at the core of the Second Amendment – the right to armed self-defense.â€
Poll Says Americans Oppose Weapon/Magazine Bans
From The Truth About Guns:
What does this mean for the perennial debate over banning semiautomatic rifles like MSRs? According to the survey results, a majority of voters in these states oppose a so-called “assault weapon†ban, which would outlaw the popular MSRs based solely on the cosmetic features of the firearm. Nearly two-thirds of the respondents acknowledge that a ban on MSRs would not be effective for reducing crime in their communities.
Georgia Dems Intro Bill To Ban All Semi Auto Firearms
From News Target:
Sen. Donzella James has filed SB 281, which would “prohibit the possession of automatic and semi-automatic guns,†regardless of make, model or the fact that these weapons are used so infrequently to commit crimes it is nearly statistically insignificant.
In addition, the bill includes other popular provisions among Democrat gun grabbers: A ban on ‘high capacity magazines’ (more than 10 rounds), and private sales at gun shows. And it would require “secure storage†of guns by dealers (as though gun stores around the state are lightly secured as it is).
Colorado Mag Ban Fails
From Reason:
However, some gun dealers noticed that the bill made no mention of magazine components and capitalized on the omission. Dealers throughout the state began selling “parts kits” that contain everything a gun owner needs to assemble their own large-capacity magazine at home. In fact, some gun stores throughout the state now sell magazines only in parts kit form.
Biden Promotes Old “Assault Ban” Idea
From NRA-ILA:
This week the campaign website for presidential hopeful Joe Biden published what it called an “Education … Plan for Educators, Students, and Our Future.†Among its agenda items was to “[d]efeat the National Rifle Association†by “championing legislation to ban assault weapons and high-capacity magazines – bans [Biden] authored in 1994.†In other words, Biden would reprise a law that was widely recognized (including among gun control advocates) as a failure and the cause of his party losing control of Congress in 1994.
Senator Wants To Disenfranchise Adults Under 21
From Guns.com:
U.S. Sen. Dianne Feinstein intends to introduce a bill to Congress that would ban the sale of “high capacity†magazines and “assault weapons†to adults under age 21.
Feinstein, a California Democrat who is the ranking minority member of the Senate Judiciary Committee, said on Monday that she intends to propose the legislation in coming days.
California Had Some More Freedom For A Week
From The Federalist:
Late last month, federal judge Roger T. Benitez struck down a California law in place since 2000 that banned the sale of gun magazines holding more than 10 rounds. The next day, San Diego firearms owners were jamming the phone lines of every gun store in town, desperate to lay hands on the larger, freshly legal pistol magazines before the People’s Republic of California pulled new shenanigans and made them illegal again.
Judge Strikes California Magazine Ban
From Guns.com:
“California law presently permits the lethality of a gun with a 10-round magazine. In other words, a gun with an 11-round magazine or a 15-round magazine is apparently too lethal to be possessed by a law-abiding citizen. A gun with a 10-round magazine is not,†he said, arguing that, following the same logic, the state could further move to drop the capacity, “until the time comes when government declares that only guns holding a single round are sufficiently lacking in lethality that they are both ‘safe’ to possess and powerful enough to provide a means of self-defense.â€