Two high-profile state attorneys general filed a brief on Thursday imploring the U.S. Supreme Court to take a stand for standard capacity gun magazines under attack by anti-Second Amendment lawmakers.
Breitbart News reported that Austin Knudson (R) of Montana and Raul Labrador (R) of Indiana spearheaded the coalition of 27 AGs. They requested that SCOTUS accept Duncan v. Bonta and firmly establish the constitutionality of these common firearm accessories.
The case has a long and winding history that reaches back almost a decade.
Appeals Court issued a sharply divided opinion on California law
A district court first ruled that California’s law prohibiting so-called “large capacity magazines” was unconstitutional. Unfortunately, that was only the beginning of the saga.
The Ninth Circuit Court of Appeals reversed the lower court order, siding with the California gun control regime. It was a sharply divided panel, and dissenting judges blasted what they deemed as the misapplication of the high court’s 2022 Bruen decision.
A majority of state AGs favor having SCOTUS take up the issue of standard capacity magazines
This monumental ruling established a specific test for determining the constitutionality of gun control. Is the individual’s conduct covered by the plain text of the Second Amendment, and is the regulation consistent with the nation’s historical tradition of gun laws?
The 27 AGs want the Supreme Court to determine that magazines are indeed “arms” protected by the Bill of Rights. Dissenters charged that the Ninth District blatantly ignored the role that a magazine has in the functionality of a semi-automatic firearm.
The majority claimed they are “optional,” when the fact remains that magazines are integral for the functionality of the most popular sporting rifles in the U.S.
The U.S. Supreme Court could do the nation’s gun owners an excellent service by stepping up, accepting Duncan v. Bonta, and affirming what Second Amendment advocates already know.
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