Attorney General Josh Kaul has joined a coalition of 19 other attorneys general in supporting California's efforts to restrict the capacity of firearms magazines within its borders. The coalition filed an amicus brief in the U.S. Court of Appeals for the Ninth Circuit Court, arguing that California's prohibition on the possession and sale of large-capacity magazines is consistent with the Second Amendment to the Constitution.
"Preventing harm from gun violence is an integral part of protecting safety," said Attorney General Kaul. "States can and should be able to adopt reasonable gun-safety measures while fully respecting Second Amendment rights."
The case in question, Duncan vs. Bonta, focuses on the constitutionality of a California law that allows for the possession and sale of firearms magazines that accept up to ten rounds of ammunition but prohibits larger capacity magazines. The U.S. District Court for the Southern District of California previously issued a preliminary injunction against California's ban on larger capacity magazines, but California has appealed the decision. The Ninth Circuit has stayed the lower court's preliminary injunction, allowing the law to remain in effect for now.
In the amicus brief, the attorneys general argue that California's large-capacity magazine law is a constitutionally permissible restriction. They note that states have the authority to impose restrictions on dangerous weapons, accessories, and ammunition that pose a threat to communities. These restrictions are intended to reduce injuries and deaths while still allowing individuals to exercise their Second Amendment right to self-defense.
The attorneys general also argue that large-capacity magazines are not protected by the Second Amendment because they are not commonly used or suitable for self-defense. They emphasize that these magazines facilitate the infliction of more injuries and deaths in mass shootings and other forms of gun violence.
Furthermore, the coalition points out that California's law is consistent with a historical tradition of regulating and imposing restrictions on new and distinctively dangerous forms of weaponry. Throughout American history, both state and federal laws have regulated specific dangerous weapons or accessories used for criminal and other violent purposes.
Joining Attorney General Kaul in this amicus brief are the attorneys general of Arizona, Colorado, Connecticut, Delaware, the District of Columbia, Hawai'i, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, Oregon, New York, Pennsylvania, Rhode Island, Vermont, and Washington.
The amicus brief filed by the coalition highlights the importance of striking a balance between gun rights and public safety. By supporting California's efforts to restrict the capacity of firearms magazines, these attorneys general aim to prevent harm from gun violence while fully respecting Second Amendment rights.
Click this link to access more information: https://www.doj.state.wi.us/news-releases/ag-kaul-joins-multistate-amicus-brief-uphold-laws-restricting-gun-magazine-capacity