Shooters Sue California Over Magazine Ban

An AR-platform rifle with a 10-round magazine and other features that make it California compliant. If it were to have a pistol grip, the magazine would have to be permanently affixed.
An AR-platform rifle with a 10-round magazine and other features that make it California compliant. If it were to have a pistol grip, the magazine would have to be permanently affixed.mfg photo

According to this story from guns.com, a group of California gun owners have joined forces with the state's National Rifle Association affiliate to sue the Golden State in federal court, alleging that California's prohibition against "high-capacity magazines" violates the Second Amendment.

The story says five residents—Virginia Duncan, Richard Lewis, Patrick Lovette, David Marguglio, and Christopher Waddell—along with the California Rifle & Pistol Association want to be able to use magazines that hold more than 10 rounds for self-defense and other lawful purposes, but can't due to "California's arbitrary ban."

The state’s Attorney General, Xavier Becerra, was named as the defendant.

“The reason for the popularity of these magazines is straightforward: In a confrontation with a violent attacker, having enough ammunition can be the difference between life and death,” reads the complaint.

The filing argues that millions of law-abiding citizens possess firearms and magazines capable of holding more than 10 rounds, and that there is nothing unusual about it, and that they are in common use, the story says.

In 2000, California banned the sale, purchase, and possession of magazines holding more than 10 rounds, but those already in circulation were grandfathered in. Last year, Gov. Jerry Brown signed a law making the possession of even "pre-ban" magazines illegal, the story says.

In the story, the plaintiffs argue that the ban will have a negligible effect on crime and is "no more likely to reduce criminal abuse of guns than banning high horsepower engines is likely to reduce criminal abuse of automobiles. To the contrary, the only thing the ban ensures is that a criminal unlawfully carrying a firearm with a magazine over 10 rounds will have a (potentially devastating) advantage over his law-abiding victim."

The NRA and CRPA have additionally filed the Rupp v. Becerra suit, which seeks to declare California's assault weapon ban unconstitutional.