Nessel joins multistate amicus brief to uphold laws restricting gun magazine capacity

Michigan Attorney General Dana Nessel has joined 17 other attorneys general in a coalition supporting the state of California’s efforts to restrict the capacity of firearms magazines within its borders. The coalition filed an amicus brief last Thursday in support of California in the U.S. Court of Appeals for the Ninth Circuit Court, arguing that California’s prohibition on the possession and sale of large-capacity magazines is consistent with the Second Amendment to the Constitution.

“Large capacity magazines can facilitate the infliction of mass injuries and death in a very short period of time,” Nessel said. “California has the right to take the necessary measures under state law to reduce mass shootings and save lives. I proudly stand with my colleagues in supporting California’s constitutional and common-sense approach to curbing gun violence.”

The case, Duncan vs. Bonta, concerns the constitutionality of a California law that allows for the possession and sale of firearms magazines that accept up to ten rounds of ammunition but prohibits larger capacity magazines (“LCMs”). The U.S. District Court for the Southern District of California issued a preliminary injunction against California’s LCM ban, and California has appealed the decision. The Ninth Circuit has stayed the lower court’s preliminary injunction while it considers California’s appeal granted, allowing the law to remain in effect for now.

In the amicus brief, the attorneys general argue that California’s large-capacity magazine law is a constitutionally permissible restriction.

The amicus brief was co-led by Massachusetts Attorney General Andrea Joy Campbell and New Jersey Attorney General Matthew J. Platkin. It was joined by the attorneys general of Arizona, Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Illinois, Maine, Maryland, Minnesota, New York, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, and Wisconsin.