Federal Lawsuit Filed Against CA’s Ban Of "Large-Capacity" Firearm Magazines

On Friday, attorneys for seven individual gun owners and four civil rights advocacy organizations filed a federal lawsuit challenging the California ban on so-called "large-capacity" firearm magazines that hold more than 10 rounds.  Court documents say the civil rights lawsuit is filed "on their own behalves, and as representatives on behalf of the class of individuals who are or would be affected by the Large-Capacity Magazine Ban." 

The lawsuit names California Attorney General Xavier Becerra, among others, is named as a defendant.  The suit was filed in the United States District Court for the Eastern District of California, Fresno Division, and is supported by civil rights groups The Calguns Foundation, Second Amendment Foundation, Firearms Policy Coalition, and the Firearms Policy Foundation.

According to the plantiffs, the suit is being filed in response to last year's signing into law by California Governor Jerry Senate Bill 1446, which changed state statutes to completely ban possession of "large-capacity" firearm magazines as of July 1, 2017.

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The plaintiffs also claim that the State's ban violates their constitutional rights, including their fundamental, individual right to keep and bear arms protected under the Second Amendment, because magazines are "an intrinsic part of all semi-automatic firearms" and "are not merely individual pieces of personal property, but rather, are intrinsic and inherent constitutionally-protected parts of constitutionally-protected firearms."

In addition to its Second Amendment claims, the lawsuit also "challenges the Large-Capacity Magazine Ban statutory scheme which would…. subject thousands of law-abiding gun owners to criminal liability and sanctions, and subjecting their lawfully-possessed personal property to forfeiture, seizure and permanent confiscation, without due process or compensation."

View a copy of the lawsuit’s complaint and its exhibits by clicking here.

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