Broad Coalition Urges SCOTUS to Accept Magazine Ban Case

I truly believe that Second Amendment advocacy is the last “big tent” political movement in this country, and a new amicus brief filed in support of a challenge to California’s ban on “large capacity” magazines is just the latest bit of evidence pointing to the truth of that statement. 

The National African American Gun Association, Asian Pacific American Gun Owners Association, DC Project Foundation, Operation Blazing Sword, the Liberal Gun Club, and 2A advocates Chris Cheng and Gabby Franco have teamed up in support of the plaintiffs in Duncan v. Bonta, and are urging the Supreme Court to grant cert to the case when it considers the lawsuit in conference later this year. 

In their brief, the coalition argues that California’s magazine ban is unconstitutional and impedes the right of self-defense for every Californian, including the African Americans, Asian Pacific Americans, women, and LGBT residents represented by the groups. 

The Amici submit this brief to discuss the negative and unconstitutional effects that bans on ammunition feeding devices, such as the one imposed by the CA Statutes, will have on the ability of their respective members in California to defend themselves and conduct lawful activity. They offer this Court a perspective that no other party offers in this action – the perspective of citizens in California who are at greater risk of being victims of violence based entirely upon their personal characteristics and identity. The Amici seek the protection of the Court because, as history shows, the Constitution is the place of refuge when the majority – in the name of safety – seek to disarm them, disenfranchise them, and devalue them.

This brief recognizes something that’s crucial in understanding the history and tradition of gun ownership in the United States; the right to keep and bear arms exists for “the people” in general, but it’s been critically important for those individuals who are part of groups that have been “otherized” by the majority, who have either been specifically targeted by gun control legislation or disproportionately harmed by statutes that are facially neutral in their application. 

As discussed above, the minorities represented by Amici suffer higher rates of violence and, arguably, have a higher need for self-defense tools. All Californians have the right to defend themselves and their families. How one does that is up to the individual. The CA Statutes, whether intended or not, have the effect of making minority Californians even more vulnerable to violence by disarming them in the name of public safety. As members of these groups well know, the police do not always respond in time to help. Indeed, the government is not liable if the police fail to show up at all. 

… Having to repeatedly reload low-capacity magazines, or simply not having enough rounds of ammunition to end an attack underway, leaves individuals exposed and vulnerable. Accordingly, any government regulation that limits magazine capacity substantially inhibits self-defense.

We’ve seen several recent instances in California of business owners fending off multiple robbers with their firearms, including one robbery attempt in East Oakland where two suspects were killed and three others were wounded by a pawn shop owner acting in self-defense. It’s still unclear whether or not that armed citizen possessed a “large capacity” or a “low capacity” magazine, but we do know that violent criminals, including those who target people because of the color of their skin, their gender, or their sexual orientation aren’t interested in a fair fight. Restricting magazine capacity won’t inhibit or harm criminals, but it could literally be the difference between the victim of an attack surviving a violent encounter or dying at the hands of a violent criminal. 

There are many compelling reasons for the Court to grant cert in Duncan, including those laid out by the coalition submitting this amicus brief. I’m glad to see that the 2A tent is as large as ever, and I’m grateful for these individuals and organizations joining the fight against California’s ban on commonly owned magazines. 

Editor’s Note: Gun owners and Second Amendment groups across the country are doing everything they can to protect our rights to keep and bear arms and armed self-defense.

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