27 State AGs Urge SCOTUS To Safeguard Citizens’ Access To Large Capacity Firearm Magazines

Via American Greatness,

A coalition of 27 state Attorneys General have filed a multi-state brief urging the U.S. Supreme Court to take up and overturn a Washington State ban on so-called “high capacity” firearm magazines capable of holding more than 10 rounds.

Breitbart reports that four separate amicus briefs have been filed with the Supreme Court in regards to the case of Gator’s Custom Guns, Inc. v. Washington which challenged Washington state’s ban on standard capacity magazines that are not limited to an arbitrary number of rounds.

That case is currently on appeal from the Washington state Supreme Court which upheld the ban, following a Cowlitz County judge overturning the state law earlier this year.

In upholding the ban, a majority of Washington Supreme Court justices held that commonly-owned firearm magazines do not qualify as “arms” which are protected by the Second Amendment.

An amicus brief filed by the National Rifle Association states:

District of Columbia v. Heller’s plain text analysis expressly concluded that “[t]he Second Amendment extends, prima facie, to all instruments that constitute bearable arms.” This Court should intervene to clarify that firearm magazines—regardless of capacity—are bearable arms that are presumptively protected by the Second Amendment.

The states of Montana, Idaho, Alabama, Alaska, Arkansas, Florida, Georgia, Iowa, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, West Virginia, Wyoming, and the Arizona Legislature are arguing that the Washington Supreme Court failed to show how a ban on “plus-ten magazines” comports with the 2022 Bruen decision.

The U.S. Supreme Court will also likely be debating whether to grant certiorari in the California case of Duncan v. Bonta which challenges California’s magazine ban.

If the High Court grants certiorari, it will most likely consolidate the two cases.

Idaho Attorney General Raúl Labrador accused California and Washington state courts of attempting to rewrite the Second Amendment by excluding standard capacity magazines from its protection.

Labrador said, “These rulings would let anti-gun states ban virtually any firearm component by declaring the Constitution irrelevant, threatening every American’s ability to defend their family. We’re asking the Supreme Court to reject this infringement and ensure law-abiding citizens in every state can exercise their inalienable constitutional rights.”