The National Rifle Association is asking the U.S. Supreme Court to strike down California’s latest anti-Second Amendment gun magazine ban.
The NRA sent its petition to the SCOTUS on Monday saying that California’s new ban on magazines that hold more than ten rounds is unconstitutional, according to Shooting Illustrated.
“California’s ban violates the Second Amendment, the Takings Clause, and the fundamental right of self-defense,” said Jason Ouimet, executive director of NRA-ILA. “The reason Americans choose these commonly owned magazines is the same reason law enforcement does – to better defend themselves, their loved ones, and their communities from violent attack.”
Shooting Illustrated added:
The case, Duncan v. Bonta, challenges California Penal Code § 32310, which bans magazines capable of holding more than ten rounds. The NRA filed suit against California in 2017, and won a favorable decision at the district court in 2019. California appealed to the Ninth Circuit, and in August of 2020, a three-judge panel ruled that the statute was unconstitutional. In November of 2021, however, the full Ninth Circuit ignored Supreme Court precedents and upheld the ban. This marked at least the fiftieth time since the landmark NRA-backed DC v. Heller decision that the Ninth Circuit has rejected a Second Amendment challenge.
This case is captioned Duncan v. Bonta. It was previously titled Duncan v. Becerra, but the caption was changed when the Attorney General of California was replaced. This is the second magazine restriction NRA-ILA has brought before the Supreme Court in as many years. Last year, in a similar case, NRA-ILA challenged New Jersey’s magazine statute in a case still pending before the Supreme Court.
“For too long the courts have treated the Second Amendment as a second class right. The Court now has the opportunity to set the record straight and ensure the rights of all law-abiding gun owners will no longer be infringed,” Ouimet concluded.
One of the main ways that Democrats seek to ban guns without banning guns is to limit, ban, or tax ammunition and magazines to the point where gun owners can no longer afford or even get them.
Of course, the backdoor bans are just as unconstitutional as an outright ban. Banning the means to observe a right is just as bad as outright banning the right.
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