The unanimous Friday ruling by a three-judge panel supported the action by a lower court to deny a motion for a preliminary injunction. The judges based their ruling in part on their belief that large-capacity magazines (LCMs) are rarely used by the public in self-defense.
Using this logic, the court ruled that Rhode Island’s ban placed “no meaningful burden” on state citizens’ ability to defend themselves.
Amazingly, the panel further ruled that the ammo magazine ban passed the test established by the U.S. Supreme Court in the landmark Bruen case. Judges determined that the state restriction was similar to historical regulations.
The Boston-based 1st U.S. Circuit Court of Appeals declared the law was “consistent with our relevant tradition of gun regulation.”
In the appeal of Ocean State Tactical v. Rhode Island, Judge William Kayatta explained the reasoning of the panel.
“The justification for the law is a public safety concern comparable to the concerns justifying the historical regulation of gunpowder storage and of weapons like sawed-off shotguns, Bowie knives, M-16s and the like. The analogical ‘how’ and ‘why’ inquiry that Bruen calls for therefore strongly points in the direction of finding that Rhode Island’s LCM ban does not violate the Second Amendment.”
The upheld Rhode Island ban covers those who already possess these magazines as well as future transactions. This means that law-abiding citizens who purchased these popular sporting rifles which came with the magazines must surrender or permanently modify them.
Failure to comply could result in up to five years in prison or a $5,000 fine for violators.
The 2022 state law gave owners of LCMs 180 days to surrender, destroy or permanently modify their magazines or face criminal consequences. This obviously rankled those who purchased these accessories lawfully, and two businesses teamed up with four individuals to sue the state.
The appeals court decision is yet another to go against gun rights, even in the wake of Bruen. Second Amendment advocates see more and more of these state-level laws upheld in court despite the clear guidance handed down by the Supreme Court.
One of the plaintiffs was Big Bear Fishing and Hunting of Glocester. Co-owner Will Worthy told the Rhode Island Current that he was “disheartened” by the court’s decision, though hardly surprised.
Far from being “high-capacity” magazines, Worthy said these are standard issue. Preventing law-abiding citizens from owning these will also prevent them from protecting their homes against violent criminals.
“High-capacity magazines are anything over 30. If you’ve got a bad guy coming into your house, with 10 rounds you might put two holes in that person.”
Gun rights advocates knew that, with the composition of the appeals court, it would be virtually impossible to get a favorable ruling. Glenn Valentine is president of the Rhode Island Second Amendment PAC, and he was not surprised that the decision went against the plaintiffs.
Valentine explained, “There isn’t any combination of any judges in that circuit that are going to side with us. It was kind of a long shot.”
Attorney Kostas Moros blasted the panel for rejecting the Supreme Court’s clear guidance against “interest balancing” in determining Second Amendment cases.
“They’re doing it anyway, and blatantly. Will SCOTUS do anything about it?”
There is not yet word on whether the plaintiffs will appeal the decision. What is obvious is that with lower courts ignoring the Supreme Court’s intention, it is up to high court justices to right the ship and establish yet again that gun rights are indeed sacred.
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