Wisconsin Attorney General Josh Kaul has joined a coalition of 19 other attorneys general in supporting the state of California’s efforts to restrict the capacity of firearms magazines within its borders. The coalition filed an amicus brief Wednesday in support of California in the U.S. Court of Appeals for the Ninth Circuit Court, arguing that California’s prohibition on the possession and sale of large-capacity magazines is consistent with the Second Amendment to the Constitution.
“Preventing harm from gun violence is an integral part of protecting safety,” said Kaul.
“States can and should be able to adopt reasonable gun-safety measures while fully respecting Second Amendment rights,” Kaul added.
The case, Duncan vs. Bonta, concerns the constitutionality of a California law that allows for possession and sale of firearms magazines that accept up to ten rounds of ammunition, but prohibits larger capacity magazines (“LCMs”). The U.S. District Court for the Southern District of California issued a preliminary injunction against California’s LCM ban, and California has appealed the decision. The Ninth Circuit has stayed the lower court’s preliminary injunction while it considers California’s appeal granted, allowing the law to remain in effect for now.
In the amicus brief obtained by the Wisconsin Law Journal, the attorneys general argue that California’s large-capacity magazine law is a constitutionally permissible restriction because:
Joining Kaul in this amicus brief are the attorneys general of Arizona, Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, Oregon, New York, Pennsylvania, Rhode Island, Vermont, and Washington.