So, it is striking when fully half of U.S. state attorneys general, 25 in total, come together to admonish another state for a clear constitutional violation.
Such was the case when Montana Attorney General Austin Knudsen spearheaded a drive involving 24 of his esteemed colleagues. The group filed an amicus brief on Thursday to attempt to protect the right to keep and bear arms in California.
The Golden State’s mad rush to nullify the Second Amendment included a ban on firearm magazines holding more than 10 rounds.
This arbitrary law was struck down by U.S. District Judge Roger Benitez, who termed the statute “clearly unconstitutional.” He explained that “there is no American tradition of limiting ammunition capacity.” Rather, the development of these key firearm components “solved a problem with historic firearms: running out of ammunition and having to slowly reload a gun.”
Benitez further noted that these magazines are vital to self-defense rights. “There have been, and there will be, times where many more than 10 rounds are needed to stop attackers. Yet, under this statute, the State says, ‘too bad.’”
But California appealed his ruling to the U.S. Court of Appeals for the Ninth Circuit.
Knudsen and his 24 cohorts clearly expressed their constitutional concerns in the brief.
“The district court properly concluded that California’s law unconstitutionally restricts the fundamental right to keep and bear common firearm magazines typically possessed for lawful purposes. This court should follow the Supreme Court’s mandate from Heller, McDonald and Bruen by affirming the district court based on the text, history and tradition associated with the Second Amendment and magazines with a capacity over ten rounds.”
In layman’s terms, they simply stated that the appeals court should respect clear precedent and uphold the lower court ruling.
For the record, over 500 million of these magazines are in circulation.
