Brady Supports California Large-Capacity Magazine Ban

Duncan v. Bonta, No. 23-55805, U.S. Court of Appeals for the Ninth Circuit en banc

Date Filed: November 28, 2023

Topic: California restriction on large-capacity magazines

Case Summary: California law restricts the possession or sale of large-capacity magazines (LCMs) capable of holding more than 10 rounds. A federal judge in the U.S. District Court for the Southern District of California held that the law is unconstitutional. California appealed to the U.S. Court of Appeals for the Ninth Circuit, which is considering the case en banc,meaning before a larger panel of the full court as opposed to the standard three-judge panel.

Brady’s Amicus Brief: Brady’s amicus brief argues that the Second Amendment does not protect a right to own and use LCMs because they are not commonly owned or used for lawful self-defense. Courts have found instances of firing 10 bullets in self-defense to be “rare” or “non-existent.”Brady’s amicus brief also demonstrates that, even if LCMs are protected by the Second Amendment, regulating them is consistent with America’s historical tradition of restricting dangerous weapon accessories and multi-fire weapons. Lastly, Brady’s brief explains that the Court should take a nuanced approach in its Second Amendment analysis because the existence and use of LCMs reflect unprecedented societal and technological changes.