Steve Birr, DCNF
The National Rifle Association is suing the state of California over a law restricting magazine capacity to 10 bullets or less the organization argues is an unconstitutional limitation.
The NRA Institute for Legislative Action (ILA) and the California Rifle and Pistol Association (CRPA) are spearheading the lawsuit, the second launched by the NRA this year against the state. The lawsuit, filed Thursday in federal court in San Diego, is part of the NRA’s efforts to counter an array of new gun laws in California, collectively referred to by Second Amendment enthusiasts as “gunmageddon,” enacted in the wake of the 2015 San Bernardino terrorist attack, reports Los Angeles Times.
The law bans the sale and possession of magazines with an ammunition capacity greater than 10. The NRA argues in the lawsuit, Duncan v. Becerra, the magazine restrictions are unconstitutional, violating the due process clause.
“Legislators in California routinely enact laws that only affect the law-abiding and do nothing to enhance public safety,” Chris Cox, executive director of the NRA-ILA, said in a statement. “This lawsuit, and others that will follow, is an effort to ensure the rights of law-abiding gun owners are respected in California.”
Gun owners have long owned high capacity magazines in California and argue that the state retroactively banning and seizing the property tramples on their due process rights.
The NRA filed their first lawsuit aimed at the restrictive set of gun laws in California April 24, challenging a measure banning the sale and possession of semiautomatic rifles equipped with bullet buttons, which allow the user to change magazines relatively quickly. They argue this is a violation of the taking clause in the constitution, which protects against seizure of private property without just compensation from the government.
Lt. Gov. Gavin Newsom ripped the NRA lawsuit as a “deceitful agenda” and said their efforts will fail.
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