Second Amendment Foundation, Others, Sue to Overturn CA’s ‘High-Capacity’ Magazine Ban

UNITED STATES, Salt Lake City : SALT LAKE CITY, UT - JANUARY 15: Ammo and a high capacity 30 round clip sits on the table at the "Get Some Guns & Ammo" shooting range on January 15, 2013 in Salt Lake City, Utah. Lawmakers are calling for tougher gun legislation …
George Frey/Getty Images/AFP

On Friday, seven individuals, the Second Amendment Foundation, and other pro-Second Amendment groups filed suit against California’s “high-capacity” magazine ban.

The other plaintiffs include The Calguns Foundation, the Firearms Policy Coalition, and the Firearms Policy Foundation.

According to CBS SF Bay Area, the suit is filed against Attorney General Xavier Becerra. Attorney George Lee is representing the plaintiffs and contends that the “high-capacity” magazine ban “violates… [the plaintiffs] Second Amendment right to bear arms.”

The Firearms Policy Coalition announced the lawsuit and explained the circuitous route which Democrats traveled to secure the magazine ban:

Last year, California Governor Jerry signed into law Senate Bill 1446 (SB 1446), which changed state statutes to completely ban law-abiding people from possessing all “large-capacity” firearm magazines as of July 1, 2017. Following that, Lt. Governor Gavin Newsom’s Proposition 63 (Prop 63) “Safety For All Act” gun control initiative—which also contained language banning “large-capacity” magazines—was passed by voters in the November general election.

Firearms Policy Coalition notes that the “thousands of law-abiding Californians” who own “high-capacity” magazines “now must remove them from their possession or ownership in the State by July 1 at their own expense or face criminal liability and fines.” Again — law-abiding citizens must surrender their magazines or destroy them at their own expense.

The plaintiffs contend that the “high-capacity” magazine ban violates Second Amendment rights by taking away an essential for semi-automatic firearms. They claim such magazines are “an intrinsic part of all semi-automatic firearms” and “are not merely individual pieces of personal property, but rather, are intrinsic and inherent constitutionally-protected parts of constitutionally-protected firearms.”

Attorney George Lee added, “Not only does the ban infringe on Second Amendment rights, but it is clearly now a taking of private property.” Lee points out the suit actually goes further by claiming that the ban “amounts to a de facto confiscation.”

AWR Hawkins is the Second Amendment columnist for Breitbart News and host of Bullets with AWR Hawkins, a Breitbart News podcast. He is also the political analyst for Armed American Radio. Follow him on Twitter: @AWRHawkins. Reach him directly at


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