Federal Lawsuit Filed Against Magazine Ban

The Second Amendment Foundation, joined by several other groups and individuals, has filed a lawsuit in federal district court in California, challenging that state’s law prohibiting the possession, use, or acquisition of so-called “large-capacity magazines,” calling the ban “hopelessly vague and ambiguous.” This case could have repercussions on a similar magazine ban in Colorado.

the second amendment foundation

Joining SAF are the Calguns Foundation, Firearms Policy Coalition, Firearms Policy Foundation and six individuals, including one retired California peace officer. The lawsuit was filed in U.S. District Court for the Eastern District of California.

The complaint is a constitutional challenge to California Penal Code § 32310, as recently amended by Senate Bill 1446 and Proposition 63, and Penal Code § 32390 (the “Large-Capacity Magazine Ban”). The lawsuit alleges that if these measures are enforced as applied, they would “individually and collectively prohibit law-abiding citizens from continuing to possess, use, or acquire lawfully-owned firearms, in common use for lawful purposes such as self-defense (inside and outside the home), competition, sport, and hunting.”

“What we see in the enactment of such laws,” said SAF founder and Executive Vice President Alan M. Gottlieb, “is continued erosion by the state of its citizens’ constitutional rights guaranteed under the Second Amendment. When the U.S. Supreme Court incorporated the Second Amendment to the states via the 4th Amendment under the 2010 McDonald ruling, it automatically should have stopped this kind of prohibition.

magpul pmag ar magazine“As we state in our lawsuit,” he continued, “this magazine ban fails to provide fair or even adequate notice to law-abiding gun owners of what they may do with their personal property without being subject to criminal sanctions. In effect, this ban amounts to a backdoor form of confiscation, in part, of bearable arms that are protected by the Constitution.

“Enforcement of this ban,” Gottlieb concluded, “would immediately place thousands of law-abiding California gun owners in jeopardy of criminal liability and subjects their personal property to forfeiture, seizure and permanent confiscation, which is government taking, without due process or compensation. We cannot allow that to go unchallenged.”

The Second Amendment Foundation is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 650,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.


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9 thoughts on “Federal Lawsuit Filed Against Magazine Ban”

  1. As long as they don’t go “door to door” in Californica, I would keep and use whatever magazines and weapons that I want. Door to door Enforcement will not happen, but if they tried, it would be a blood bath, and most LEOs, even in Liberal Californica, know this. I would bet a majority of the LEOs would refuse to enforce it on any scale.

    1. If I were in Kalifornia, I would be looking for a way to get another job outside of that banana republic.

    1. It will be upheld by 9th circuit , yes. But then the case will move on to SCOTUS where it will be overturned as it should be. SCOTUS has overturned many 9th court decisions.

  2. We are under communist rule in this State.

    State employees and big city leaches are responsible.

    I think we will lose what would be a clearly winable case in a free state. I think the Lawyers know we will lose. If all gun owners just gave $20. to this legal fund we could win though.

    Good American

  3. I think that the courts of the entire country need to be reminded of the fact that the Constitution applies to the entire United States, and that they do not have the right or power to change that, and that the Constitution means exactly what it says, not what they might want it to say.

  4. I wish you the best of luck, but why is it that those of us who received the exact same treatment in NJ have been abandoned and ignored for well over a decade! Why is it that CA gets all the attention and NY and NJ are written off?

  5. How many remember taking “The Constitution Test” in order to get into High School? And that pesky question about why there was no right to bear arms in the California Constitution? The answer was because it was already guaranteed in the U.S. Constitution… Just saying…

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