Gun Owners Action League has added our name with other state associations and law enforcement groups in an Amicus Brief in Virginia Duncan Et Al v. California Attorney General.
The case involves the banning of magazines holding more than 10 rounds. This came about through the 2016 California Proposition 63.
The new ban in California gave owners three options to dispose of the magazines.
1. They could sell them to a licensed retailer;
2. Sell them out of state;
3. Turn them into police for no compensation.
The case referred to as “Duncan” was brought against the state under Second and Fifth Amendment pleadings before the local district federal court. In Federal District Court’s decision, Judge Roger Benitez sided with the citizens and stated clearly that the state had not proven that citizens possessing magazines holding more than ten rounds were a threat to public safety.
In ruling for the plaintiff and issuing an injunction against the state, Judge Benitez also offered some very eloquent remarks regarding the “tyranny of the majority”.
“However, just as the Court is mindful that a majority of California voters approved Proposition 63 and that the government has a legitimate interest in protecting the public from gun violence, it is equally mindful that the Constitution is a shield from the tyranny of the majority. Plaintiffs entitlement to enjoy Second Amendment rights and just compensation are not eliminated because the possess “unpopular” magazines holding more than ten rounds.”
“If this injunction does not issue, hundreds of thousands, if not millions, of otherwise law-abiding citizens will have an untenable choice: become an outlaw or dispossess one’s self of lawfully acquired property. That is a choice they should not have to make.”
As a result of this initial decision, the State of California has appealed the ruling. The case now goes before the Ninth Circuit Court of Appeals, which by the way, has been overruled by the United States Supreme court so many times it borders on ridiculous.
This case is important to GOAL members as it may have meaning for some of the many issues we are fighting here in the Commonwealth.