Montana Attorney General Austin Knudsen is leading a 27-state coalition urging the U.S. Supreme Court to strike down California’s ban on firearm magazines holding more than 10 rounds of ammunition.
The group of attorneys general filed an amicus brief in Virginia Duncan, et al. v. Rob Bonta, Attorney General of California, arguing that the Ninth Circuit erred when it upheld California’s law in March. The coalition contends the ban violates the Second Amendment rights of law-abiding citizens.
“California’s ban on large capacity magazines undermines our constitutional rights, which do not stop at state lines,” Knudsen said in a statement. “SCOTUS has the opportunity to protect the Second Amendment and reject unlawful restrictions on law-abiding citizens.”
According to the brief, magazines exceeding 10 rounds are commonly used for lawful purposes such as self-defense, hunting, and sporting activities. The states argue the ban fails to meet constitutional standards established in two landmark Supreme Court rulings—District of Columbia v. Heller and New York State Rifle & Pistol Association, Inc. v. Bruen.
In Bruen, the high court affirmed that the Second Amendment protects firearms “unquestionably in common use today.” Knudsen’s office noted studies indicating widespread ownership of such magazines, which they say underscores their lawful and longstanding role in American gun ownership.
“This obvious error from the Nation’s largest circuit on a core issue of constitutional law warrants this court’s review,” Knudsen wrote in the filing. “Only this court’s review can correct these persistent misapplications, which deprive citizens of their fundamental rights, their property, and their ability to defend themselves.”
Attorneys general from 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 joined Montana in the filing.