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NY AG Files Brief to Restrict Large-Capacity Gun Magazines


New York Attorney General Letitia James and a coalition of 19 attorneys general filed an amicus brief in the U.S. Court of Appeals for the Ninth Circuit in support of a California law that restricts large-capacity gun magazines. The case, Duncan v. Bonta, concerns 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.

“Large-capacity magazines make weapons even more deadly and can lead to horrific mass-casualty events,” said Attorney General James. “These dangerous accessories are intended to ensure the maximum number of bullets can be fired without the shooter needing to take time to reload. The pain, suffering, and loss of life that can be inflicted by a single shooter utilizing large-capacity magazines is horrific, which is why these dangerous accessories have no place in our communities. I am proud to step up and work with my fellow attorneys general to ensure this commonsense gun safety measure is not stripped away.”

Attorney General James and the coalition of attorneys general argue that California’s large-capacity magazine law is a constitutionally permissible restriction by asserting that states have widely adopted reasonable restrictions on the public carry, possession, and sale of many types of weapons, accessories, and forms of ammunition that are not suitable for self-defense and undermine the public’s safety. The coalition also noted that large-capacity magazines are not protected by the Second Amendment because they are not “arms,” and they are not commonly used or suitable for self-defense.

Additionally, Attorney General James and the coalition assert that California’s law is consistent with a historical tradition of regulating and imposing restrictions on new and distinctively dangerous forms of weaponry, and urged the U.S. Court of Appeals for the Ninth Circuit to uphold this law.

Joining Attorney General James in filing this amicus brief are the attorneys general of Arizona, Colorado, Connecticut, Delaware, Hawai‘i, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Oregon, New Jersey, Pennsylvania, Rhode Island, Vermont, Washington, Wisconsin, and the District of Columbia.

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