Connect with us

State News

Attorney General Herring defends ability of States to ban high-capacity magazines to protect public safety

Published

on

RICHMOND (July 23, 2019) – Attorney General Mark R. Herring today joined a group of 18 state attorneys general to defend the ability of states like Virginia to enact reasonable gun safety laws that protect public safety and reduce the prevalence and lethality of gun violence. Virginia and partner states filed an amicus brief in the Court of Appeals for the Ninth Circuit in Duncan v. Becerra, a lawsuit filed by California gun owners and an NRA affiliate challenging California’s ban on high-capacity magazines that hold more than 10 rounds of ammunition.

“Virginia and other states have the right, and I believe the responsibility, to enact commonsense, broadly supported gun safety laws that will save lives and reduce gun violence,” said Attorney General Herring. “I’m going to keep pushing for stronger gun safety laws in Virginia like universal background checks and a ban on high capacity magazines, and I’m going to fight in court to make sure we have the right to make those decisions for ourselves.”

Since 2000, the State of California has prohibited the manufacture, importation, and sale of large-capacity magazines. In 2016, both the California legislature and the California electorate through Proposition 63 banned the possession of LCMs that hold more than ten rounds of ammunition, in order to improve enforcement efforts and to further stem the proliferation of large-capacity magazines in the State. Nine other states and the District of Columbia have also enacted laws banning large-capacity magazines. The constitutionality of those laws have been unanimously upheld by federal courts of appeals.

In April 2019, a lower court struck down California’s prohibition on large-capacity magazines in total. California has appealed the ruling to the Ninth Circuit and the ruling is currently stayed.

In this amicus brief, the states collectively argue that a ban on large-capacity magazines is a reasonable restriction that Virginia and other states can choose to adopt because:

• Regulating large-capacity magazines protects the public: The brief cites evidence that large-capacity magazines are especially attractive to mass shooters and criminals, posing increased risks to innocent civilians and law enforcement. At the same time, there is no proof that large-capacity magazines are necessary—or even commonly used—for self-defense.

• The Second Amendment does not prevent states from enacting common-sense gun safety measures: The brief explains that states are entitled to adopt reasonable restrictions on firearms to address the unique conditions within their borders and protect public safety. Restricting access to large-capacity magazines is a reasonable restriction because it would reduce firearm injuries and deaths while leaving many other options open for individuals.

• States have a responsibility to prevent gun violence and protect public safety: The brief notes that states have primary responsibility for ensuring public safety. This includes a duty to reduce the likelihood that their citizens will fall victim to preventable firearm violence, and to minimize fatalities and injuries when that violence does occur. The brief notes that deciding how best to protect the safety of state residents is a question better suited to legislatures than courts.

The brief is available here.

District of Columbia Attorney General Karl A. Racine is leading today’s friend-of-the-court brief and is joined by Attorneys General from Connecticut, Delaware, Hawaii, Illinois, Maryland, Massachusetts, New Jersey, New Mexico, New York, Michigan, Minnesota, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, and Washington.

Front Royal, VA
82°
Partly Cloudy
5:55 am8:40 pm EDT
Feels like: 90°F
Wind: 5mph ESE
Humidity: 77%
Pressure: 29.98"Hg
UV index: 6
ThuFriSat
82°F / 68°F
84°F / 70°F
81°F / 66°F
State News3 hours ago

Court Battles Leave Virginia’s New Assault Weapons Ban in Legal Limbo

State News3 hours ago

Virginia Ranks Among Top States for Highway Safety and Mobility Benefits, but Challenges Remain

Historically Speaking4 hours ago

The Supreme Court Should Be Above Politics

Opinion4 hours ago

Commentary: Virginia’s Atlantic Coast Should Be Protected, Not Turned Into a Sacrifice Zone

State News4 hours ago

Dropped Your ACA Insurance Due to Spiking Premiums? You Could Qualify for a State Subsidy This Fall

Health4 hours ago

CDC Monitors Rise in Cyclosporiasis Cases as Summer Produce Season Begins

Obituaries5 hours ago

Kathryn E. “Kathy” Warren (1958 – 2026)

Business7 hours ago

Virginia Expands RetirePath Retirement Program to More Small Businesses

Interesting Things to Know9 hours ago

Everyone Is Going to the Moon. Will We Fight Over It?

Business9 hours ago

Ice Down the Hall: A Peculiarly American Demand

Community Events23 hours ago

This Week’s Showtimes at Royal Cinemas as of July 10th

Arrest Logs23 hours ago

POLICE: 7 Day FRPD Arrest Report 7/6/2026

Local News23 hours ago

Smoking Makes an Unwanted Comeback Among Gen Z, UVA Expert Warns

Local News24 hours ago

Blue Ridge Wildlife Center Patient of the Week: Canada Geese

Local Government24 hours ago

Moratorium, Potential Closure of Portion of Church Street to Car Traffic, and Automobile Graveyard at Town Council Work Session

Opinion1 day ago

Congratulations – But the Fight Continues

Local News1 day ago

I-81 Improvements Continue Across Virginia as Safety, Widening and Traffic Projects Expand

Local News1 day ago

Fifteen Killed in Virginia Crashes Over Independence Day Holiday

Community Events1 day ago

Rock Bottom Band to Perform July 9 at Gazebo Gatherings

Home1 day ago

The Art of the Porch Chat

State News1 day ago

Virginia Joins Multistate Push Against ICE Rollback on Detainee Death Reporting

State News1 day ago

Do Data Centers Impact Our Physical Health? Studies are Few and Far Between

State News1 day ago

How Virginia Became the World’s Data Center Capital and How It’s Going

Obituaries1 day ago

Luz Norinda Lethcoe (1950 – 2026)

Health1 day ago

Weight-Loss Drug Also Shows Promise for Knee Pain