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The Range
Law & Order
My theory (opinion) on why magazine capacity limits are unconstitutional
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<blockquote data-quote="dennishoddy" data-source="post: 3275314" data-attributes="member: 5412"><p>There is some legal precedent on the legality of high capacity magazines. I'll put in a small quote from the Cato Institute, but the entire article is best read to fully understand and it's way too long to post the text here.</p><p></p><p>As recognized in <em>District of Columbia v. Heller</em>, the Second Amendment protects an individual’s right to keep and bear arms. By implication, that right is not limited to guns but extends also to the ammunition and magazines that make guns operable. The Court also held that <strong>the Second Amendment protects arms in “common use,”</strong> which would cover the 20-round magazines that are standard equipment for a significant portion of weapons currently in lawful use. Although banning some “novelty magazines,” such as the 100-round Beta C-Mag — unpopular because of its weight, expense, and propensity to jam — might be constitutional, there is no legitimate constitutional argument for removing common magazines from the scope of Second Amendment protection.</p><p><a href="https://www.cato.org/publications/legal-policy-bulletin/losing-count-empty-case-high-capacity-magazine-restrictions" target="_blank">https://www.cato.org/publications/legal-policy-bulletin/losing-count-empty-case-high-capacity-magazine-restrictions</a></p><p></p><p>Since 30 round magazines are currently common issue for the Military, and every weapon ever developed for the most part was for military use, I would thing they would fall into "common use". Non Military currently has about 30 million of them in circulation according to some reports.</p></blockquote><p></p>
[QUOTE="dennishoddy, post: 3275314, member: 5412"] There is some legal precedent on the legality of high capacity magazines. I'll put in a small quote from the Cato Institute, but the entire article is best read to fully understand and it's way too long to post the text here. As recognized in [I]District of Columbia v. Heller[/I], the Second Amendment protects an individual’s right to keep and bear arms. By implication, that right is not limited to guns but extends also to the ammunition and magazines that make guns operable. The Court also held that [B]the Second Amendment protects arms in “common use,”[/B] which would cover the 20-round magazines that are standard equipment for a significant portion of weapons currently in lawful use. Although banning some “novelty magazines,” such as the 100-round Beta C-Mag — unpopular because of its weight, expense, and propensity to jam — might be constitutional, there is no legitimate constitutional argument for removing common magazines from the scope of Second Amendment protection. [URL]https://www.cato.org/publications/legal-policy-bulletin/losing-count-empty-case-high-capacity-magazine-restrictions[/URL] Since 30 round magazines are currently common issue for the Military, and every weapon ever developed for the most part was for military use, I would thing they would fall into "common use". Non Military currently has about 30 million of them in circulation according to some reports. [/QUOTE]
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