“California politicians are at it again, convinced that their agendas should override the Constitutional rights of the people,” Arizona Attorney General Mark Brnovich, a Republican said in a statement, in declaring the filing of an amicus brief.
“Attempts to undermine the Second Amendment or any of our civil rights and liberties should be met with deep skepticism and vigorous opposition.”
Republican Louisiana Attorney General Jeff Landry, who is heading the legal effort along with Brnovich, said in a statement that “radical leftist lawmakers in California and beyond” are striving “to legislatively overrule our constitutional rights.”
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California in 2016 banned so-called “high-capacity” magazines holding 10 or more bullets. A federal judge later ordered that the action is unconstitutional before a three-judge panel on the 9th Circuit confirmed that judge’s decision. In February, the 9th Circuit’s full 11-member panel agreed to an additional hearing on the case.
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“Large-capacity magazines have been used in many horrific mass shootings around the country, including right here in California,” then-California Attorney General Xavier Becerra, a Democrat, stated in February after the court agreed to rehear the case. “That’s why today’s decision by the Ninth Circuit to rehear this case is critical; it is the next step in the defense of our state’s common sense gun laws.”
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The attorney general’s office then said that the higher-capacity magazines “have been used in numerous horrific mass shootings throughout the country, including the tragic shooting at the Borderline Bar and Grill in Thousand Oaks in 2018 and the shooting at the Inland Regional Center in San Bernardino in 2015.” California outlawed the manufacture of such magazines in 2000.
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But in summary, the states claimed that the power to bear arms defends people in high-crime or disadvantaged regions where law enforcement might be powerless to respond on time.
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“California should not be allowed to invade its own citizens’ constitutional rights, and this Court should not imperil the rights of citizens in this Circuit and other states with its analysis,” the brief stated. They conclusively claimed that California’s law breaks the Constitution’s Second Amendment.
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The move comes after President Joe Biden and top congressional Democrats have said that more action is required on gun control, including a federal ban of magazines holding more than 10 rounds, after shootings in Atlanta and Colorado last month.
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Biden also asked about the banning of so-called assault weapons and told reporters at the White House that when he was a senator, he was ready to get gun-control measures enacted, including the 1994 federal assault weapons ban that expired 10 years later. The term “assault weapons” has been attacked by gun rights groups, who have said the phrase is purposefully vague while pointing out that states have different definitions and terms for what constitutes an “assault weapon.”
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