America’s cherished Second Amendment rights have been increasingly tested as anti-freedom states continue to pile on laws restricting the capacities of firearm magazines.
This move has been controversial and divisive, with a total of 14 states, alongside the District of Columbia, imposing their own versions of these unconstitutional mag restrictions. While these laws are presented under the guise of “public safety,” many proponents of gun rights view them as mere cosmetic interventions that do little to prevent the real issues at hand. Furthermore, the USCCA, a renowned authority in the firearms community, suggests that these laws might not be the effective remedy to mass shootings that they are made out to be.
Name Me One Magazine Capacity Ban Our Founding Fathers Would Have Followed?
And don’t forget that in their landmark decision, the Supreme Court of the United States (SCOTUS) in the Breun case underscored a pivotal perspective on Second Amendment interpretations. The Court stressed the imperative of a historical precedent, emphasizing that for any firearm regulation to be deemed constitutional, there should be a demonstrable history of similar laws or restrictions at the time of America’s founding. This effectively challenges modern justifications that lean heavily on states’ ‘balancing interests’ as a rationale for enacting gun magazine-control laws. The decision underscores a shift back to originalist interpretations, insisting that the rights enshrined in the Constitution cannot be easily molded or compromised based on contemporary arguments or evolving public interests.
To truly grasp the implications and controversies surrounding these completely random restrictions, let’s delve deeper into the specific state magazine limitations [at least as of the date of this article]:
- California: They’ve restricted magazines over 10 rounds, a move some argue is based more on fear than actual data. Interestingly, Judge Roger Benitez recently deemed this restriction unconstitutional, echoing the sentiments of countless law-abiding gun owners.
- California Code of Regulations, Title 11, Section 97850: https://casetext.com/regulation/california-code-of-regulations/title-11-law
- California Penal Code, Section 12310: https://www.law.cornell.edu/uscode/text/10/12301
- Colorado: Despite a rich history of responsible gun ownership, the state has limited magazines to 15 rounds, with Boulder even going further with a 10-round cap.
- Colorado Revised Statutes, Title 18, Article 12, Section 18-12-108: https://cbi.colorado.gov/sites/cbi/files/C.R.S.%2018-12-108.pdf
- Connecticut: A state that likes to call itself the “Constitution State” has a 10-round magazine limit. How do these restrictions truly align with the spirit of our nation’s founding principles?
- Connecticut General Statutes, Section 9-41g(b)(1): https://www.cga.ct.gov/current/pub/chap_155.htm
- Delaware: The restriction here is 17 rounds, with exemptions for military and law enforcement – but why not for everyday citizens who simply wish to exercise their rights?
- Delaware Code, Title 11, Chapter 14, Section 1447: https://delcode.delaware.gov/title11/c005/sc07/
- District of Columbia: They’ve opted for a mere 10-round limit. It appears dimmed in the heart of our nation, where liberty should shine brightest.
- District of Columbia Code, Title 22, Chapter 45, Section 45-913.02: https://www.dccourts.gov/sites/default/files/2022-09/Center%20for%20Inquiry%20v.%20Walmart%2020-CV-392.pdf
- Illinois: A state divided. As of 5/6/2023, while most parts have a 15-round cap for pistols, Cook County is more stringent, limiting all magazines to 10 rounds.
- Illinois Compiled Statutes, 720 ILCS 5/24-2(a)(1): https://codes.findlaw.com/il/chapter-720-criminal-offenses/il-st-sect-720-5-24-1/
- Hawaii: A paradise with an asterisk, allowing only 10 rounds in handgun magazines.
- Hawaii Revised Statutes, Section 134-16: https://www.capitol.hawaii.gov/hrscurrent/vol03_ch0121-0200d/hrs0134/hrs_0134-.htm
- Maryland: They’ve also joined the 10-round club. The Old Line State’s line seems drawn in the sand against gun enthusiasts.
- Maryland Code, Annotated, Article 27, Section 447: https://www.familywatchdog.us/laws/mddef.asp
- Massachusetts: Here, the 10-round limit stands, but with legal loopholes dating back to 1994.
- Massachusetts General Laws, Chapter 140, Section 131L: https://www.mass.gov/info-details/mass-general-laws-c140-ss-131l
- New Jersey: The Garden State limited mags to 10 rounds, turning millions of gun owners into felons overnight while trying to redefine long-standing gun definitions.
- New Jersey Revised Statutes, Title 2C, Section 39-3(j): https://law.justia.com/codes/new-jersey/2009/title-2c/2c-39/2c-39-3
- New York: Their law fluctuates between seven to 10 rounds. However, the question remains: Are these regulations truly for the safety of New Yorkers or merely political gestures?
- New York Penal Law, Section 265.01(c): https://www.nysenate.gov/legislation/laws/PEN/265.01-C
- Rhode Island: Recently implemented a 10-round cap. The Ocean State’s stance appears more like a wave against gun rights.
- Rhode Island General Laws, Section 11-47-50: http://webserver.rilin.state.ri.us/Statutes/TITLE11/11-47/INDEX.HTM
- Vermont: A 15-round cap for handguns exists, but with the Green Mountain State’s rich history, this seems a surprising and abrupt turn.
- Vermont Statutes Annotated, Title 13, Section 4005(c): https://law.justia.com/codes/vermont/2022/title-13/
- Virginia: While they haven’t explicitly restricted magazine size, they’ve craftily redefined certain weapons to circumvent rights. Virginia does not have any explicit restrictions on magazine capacity. Still, it has a law that prohibits the possession of certain firearms with magazines that hold more than 20 rounds in certain public places in certain cities. This law is known as the “High-Capacity Magazine Ban.”
- Virginia Code, Section 18.2-287.4: https://law.lis.virginia.gov/vacode/title18.2/chapter7/section18.2-287.4/
- Washington: Here, 10 rounds is the limit for both rifles and pistols, casting a shadow over the Evergreen State’s gun owners.
- Washington Revised Code, Section 9.41.045: https://app.leg.wa.gov/rcw/default.aspx?cite=9.41.045
All Magazine Restrictions Are Unconstitutional
Firearms magazine restrictions should all be ruled unconstitutional. Each is a direct impingement of freedom, and all are designed to frustrate and entrap unsuspecting gun owners. From this perspective, the argument is clear: Rather than addressing the root causes of violence, these regulations are just feel-good, do-something responses designed to do one thing: chip away at law-abiding citizens’ right to self-defense.
Ant-gun states spin these restrictions as a step toward “safety,” and countless Americans view them as a step away from the liberties they hold dear. For them, the right to bear arms, in its entirety, is non-negotiable and an integral part of what makes America free.
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