Twenty-five state attorneys general, co-led by Montana attorney General Austin Knudsen (R) and Idaho attorney General Raúl Labrador (R), have filed an amicus brief to speak out against California’s unconstitutional law banning magazines that are capable of holding more than 10 rounds.

Knudsen noted in his release announcing the filing of the brief that it was intended to “safeguard law-abiding individuals’ right to keep and bear arms in public for self-defense against unnecessary intrusion.” The release added, “In this case, that unnecessary intrusion is a California law banning firearm magazines that can hold more than ten rounds.”

“The district court properly concluded that California’s law unconstitutionally restricts the fundamental right to keep and bear common firearm magazines typically possessed for lawful purposes,” the attorneys general state in the brief. “This Court should follow the Supreme Court’s mandate from Heller, McDonald, and Bruen by affirming the district court based on the text, history and tradition associated with the Second Amendment and magazines with a capacity over ten rounds.”

California currently bans magazines that hold more than 10 rounds of ammunition, and U.S. District Judge Roger Benitez called the law “clearly constitutional,” but California has appealed the decision to the U.S. Court of appeals for the Ninth Circuit and is seeking to have Judge Benitez’s decision reversed.

“The State denies a citizen the federal constitutional right to use common weapons of their own choosing for self-defense,” wrote Benitez. “There have been, and there will be, times where many more than 10 rounds are needed to stop attackers. Yet, under this statute, the State says, ‘too bad.’”

Benitez also said, “It says, if you think you need more than 10 chances to defend yourself against criminal attackers, you must carry more magazines. Or carry more bullets to hand reload and fumble into your small magazine while the attackers take advantage of your pause. On the other hand, you can become a criminal, too.”

Following the ruling, California attorney General Rob Bonta (D) filed an appeal, which sent the case back to the Ninth Circuit.  The case originated in 2017 as Duncan v Becerra (Becerra was Cal. AG at the time), and has already been to the Ninth Circuit, and was at one point being considered for a hearing before the United States Supreme Court.  After the landmark ruling in New York State Rifle & Pistol Association v. Bruen, which established a new paradigm for considering legal questions related to the Second Amendment, the Supreme Court sent the case back to the Ninth Circuit for a new review under the Bruen standard.  The Ninth Circuit, in turn, sent the case back to the district court, which resulted in the ruling by Judge Benitez.

In addition to Knudsen and Labrador, the amicus brief filed in support of the Benitez decision includes attorneys general from Alabama, Alaska, Arkansas, Georgia, Indiana, Iowa, Florida, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Virginia, West Virginia and Wyoming.

Knudsen has previously helped guide similar efforts in support of Americans’ constitutional rights. Last year, he co-led a coalition of 26 attorneys general, along with the Arizona State Legislature, against the Biden administration’s blatantly unconstitutional attack on law-abiding Americans’ Second Amendment rights.

And in an interview with America’s 1st Freedom Editor in Chief Frank Miniter, Knudsen explained why the NRA’s First Amendment case NRA v. Vullo is so crucial.

“Government should not be able to come in and act like the mafia,” said Knudsen in the interview. “And that’s really what this was. I mean you had Maria Vullo come in and act like a mobster and basically threaten companies for doing business with the NRA, and it wasn’t overt … . She never made any direct threats, but it was like a Tony Soprano situation. You know, ‘boy, that’s a nice business you have. It would be an awful shame if anything were to happen to it!’”

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The post Half of State Attorneys General Speak Out Against California Ban appeared first on Attorney Legal Counsel.

BOISE, Idaho (KMVT/KSVT) — attorney General Raúl Labrador led a coalition of 27 states in filing an Amicus Curiae brief in the Ninth Circuit Court of Appeals in support of the Second Amendment, asking the Court to affirm the lower court’s decision to enjoin California’s unconstitutional Assault Weapons Control Act (AWCA) in Miller v. Bonta.

For 34 years, the AWCA has deprived Californians of their Second Amendment rights through arbitrary and often cosmetic-based bans on the ownership, possession, sale, and transfer of hundreds of firearm types. These firearms were legal before the ban, and are still in lawful, common use across the nation. The Supreme Court’s decisions in Bruen and Heller have confirmed that every American has a pre-existing right to keep and bear arms, and the plain text of the Second Amendment protects weapons California bans.

The impact of California’s ACWA has also extended beyond its borders—unjustly impacting citizens and firearm businesses in Amici states and across the nation who are barred from exercising their rights to engage in lawful related commerce with California.”

For decades, California has failed its people in the state’s duty to protect—not infringe on—its citizens’ Constitutional right to keep and bear arms,” said attorney General Labrador. “This is a fundamental liberty and right of the individual. It is not granted or tolerated by the whim or benevolence of the government, and it must be respected and defended at every turn. “Shall not be infringed” is some of the clearest language in our Constitution, and we look forward to seeing the AWCA overturned by the courts.”

The State coalition, led by Idaho attorney General Raúl Labrador, Iowa attorney General Brenna Bird, and Montana attorney General Austin Knudsen was joined by Attorneys General from Alabama, Alaska, Arkansas, Florida, Georgia, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah, Virginia, West Virginia, and Wyoming, and the Arizona State Legislature.

Copyright 2024 KMVT. All rights reserved.

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The post Idaho Attorney General Raul Labrador leads nation in fight against California’s newest gun ban appeared first on Attorney Legal Counsel.

The Supreme Court will soon decide whether domestic abusers have a constitutional right to own a gun, and San Diego’s City attorney will be following the case closely.

Two years ago, TikTok star Ali Abulaban was arrested and charged with killing his wife and her friend in their East Village high-rise apartment.

The fallout of their marriage was triggered by incidents of domestic violence, according to preliminary testimony. It’s just one example of why San Diego City attorney Mara Elliott says domestic abusers with access to guns are a deadly mix.

“Particularly in domestic violence situations where if there’s a gun in the home of somebody who is being abused, they are 500% more likely to be murdered,” explained Elliott.

That danger is one of the reasons why Elliott and Kris Brown from the gun organization Brady met one-on-one in Del Mar Wednesday.

Their meeting comes as the Supreme Court gets ready to weigh a case involving Zackey Rahimi — who was convicted of possessing a gun while under a domestic violence protective order. The Texas drug dealer was accused of beating his girlfriend and implicated in a series of shootings.

Justices will decide whether people like Rahimi have a right to own firearms.

The case being heard has some similarities to Roe v Wade, in that when the Supreme Court overturned the constitutional right to an abortion, it had sweeping repercussions across the country.

“The state of California has gun protection tools, but I really do worry about our nation because we are looking at colonial times to determine how we should respond to modern-day problems,” said Elliott.

“The lives of America’s women and those also men who are subject to domestic violence are literally hanging in the balance of this court’s decision,” Brown added.

Nationally, more than 50 people, usually women, die each month from domestic violence where guns are often involved, according to Brown.

There’s concern that the number could increase depending on the outcome of the Rahimi case.

“We want to disrupt that cycle and ensure that domestic violence, restraining orders that actually help to remove firearms from individuals who are perpetrating these kinds of offensives are held as constitutional,” said Brown.

regardless of the court’s decision, Elliott said California’s gun violence prevention laws would help protect San Diego.

Domestic violence restraining orders allow law enforcement agencies to take guns away from people who pose a threat to themselves and others.

Since San Diego started the program in 2017, 1,000 restraining orders have been issued, Elliott said.

“That’s not a number that we’re necessarily proud of because that shows that there were a lot of issues within the city. But I think that the people who live here can be happy to know they’re not reading about disasters in their newspaper because perhaps we were able to intervene and prevent those from happening,” Elliott said.

The Rahimi case is scheduled to be reviewed by the Supreme Court Nov. 7

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The post San Diego City Attorney watching close ahead of Supreme Court’s ruling over domestic abusers’ gun rights – NBC 7 San Diego appeared first on Attorney Legal Counsel.