Ohio Attorney General Mike DeWine joins Amicus Brief in Lawsuit Challenging California 10+ Magazine Ban

On Friday, January 12, several amicus briefs were filed in the NRA and CRPA supported lawsuit challenging California’s restrictions against magazines capable of holding more than 10 rounds. The lawsuit, titled Duncan v. Becerra, challenges California’s recently enacted ban on the possession of magazines capable of holding more than 10 rounds as a result of Proposition 63, as well as all of California’s other restrictions on such magazines. The lawsuit challenges the restrictions as a violation of the Second Amendment, Due Process clause, and Takings clause of the United States Constitution.

Less than three days before California’s ban on the mere possession of magazines capable of holding more than 10 rounds was scheduled to take effect, San Diego Federal District Court Judge Roger T. Benitez issued an order granting NRA and CRPA attorney’s request for an injunction while the lawsuit is pending. As a result, California gun owners who currently possess such magazines may continue to do so without fear of prosecution while the constitutionality of the law is decided in the courts. Unsurprisingly, the California Department of Justice has appealed the injunction to the Ninth Circuit.

In support of the plaintiffs are 18 States, including Arizona, Alabama, Arkansas, Georgia, Idaho, Kansas, Louisiana, Michigan, Missouri, Montana, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Utah, West Virginia, Wyoming, filed an amicus brief illustrating how the Second Amendment protects magazines capable of holding more than 10 rounds and how California’s restrictions constitute a “taking” which requires just compensation to affected owners.

Several Law Enforcement and State and Local Firearm Rights groups also filed an amicus brief highlighting how California’s restrictions will not reduce violent crime, but instead will increase the danger to victims. The brief also states how magazines capable of holding more than 10 rounds are not disproportionately used in attacks on law enforcement, and that California has failed to show that its restrictions will reduce mass shootings and injuries. The listed groups participating as an amicus include:

• California State Sheriffs Association
• Western States Sheriffs Association
• California Reserve Peace Officers Association
• San Francisco Veteran Police Officers Association
• California Gang Investigators Association
• International Law Enforcement Educators and Trainers Association
• Law Enforcement Legal Defense Fund
• Law Enforcement Action Network
• Law Enforcement Alliance of America
• International Association of Law Enforcement Firearms Instructors
• Association of New Jersey Rifle & Pistol Clubs
• Bridgeville Rifle & Pistol Club
• Connecticut Citizens Defense League
• Delaware State Sportsmen’s Association
• Gun Owners Action League Massachusetts
• Gun Owners of California
• Hawaii Rifle Association
• Illinois State Rifle Association
• Missourians for Personal Safety
• New York State Rile & Pistol Association
• Vermont Federation of Sportsmen’s Clubs
• Vermont State Rifle & Pistol Association
• Virginia Shooting Sports Association
• Western Missouri Shooters Alliance

Doctors for Responsible Gun Ownership, the Independence Institute, Millennial Policy Center, and the National Rifle Association Freedom Action Foundation also filed amicus briefs, each detailing how magazines capable of holding more than 10 rounds are in common use and therefore protected under the Second Amendment.

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