AG Jeff Landry pulls La. into lawsuit over California gun control law

Argues for Californians who want high-capacity magazines

Gun control
File photo. (Wes Muller/Louisiana Illuminator).

Louisiana Attorney General Jeff Landry has inserted Louisiana into a California gun-rights lawsuit, joining 21 other Republican state attorneys general in filing a legal brief to challenge a gun control law that would prohibit high-capacity magazines in the State of California.

Attorneys general  from Louisiana, Arizona, Alabama, Alaska, Arkansas, Georgia, Idaho, Indiana, Kansas, Kentucky, Mississippi, Missouri, Montana, Nebraska, Ohio, Oklahoma, South Dakota, South Carolina, Texas, Utah, West Virginia, and Wyoming filed the amicus brief at the 9th Circuit U.S. Court of Appeals in the case of Duncan v. Rodriquez — a challenge of California’s ban on firearm magazines that hold more than 10 rounds.

In 2016, California passed the gun control law banning the possession of magazines capable of holding ten or more rounds, making it a misdemeanor. A lawsuit was filed to strike down the law.

In 2017, a federal judge ruled in favor of the California Rifle and Pistol Association, granting an injunction against enforcement of the law. California Attorney General Xavier Becerra then appealed to the 9th Circuit, and in August a three-judge panel ruled the law was unconstitutional under the Second Amendment. California’s attorney general again requested a review of that decision, and an 11-member panel of the 9th Circuit Court of Appeals agreed to rehear the case.

However, a majority of the nation’s high court in June declined to consider several challenges to federal and state gun-control laws, including a ban on high-capacity magazines in Massachusetts.

In the amicus brief, the 22 state attorneys general argue that California Penal Code 32310 violates the Second Amendment.“The enumerated right to bear arms reflected in the Second Amendment is fundamental and predates the Bill of Rights,” the attorneys general argue. “The right is important to millions of Americans, including many of our most vulnerable citizens living in disadvantaged communities. The arms at issue in these proceedings are commonly used by millions of law-abiding citizens for a myriad of lawful purposes.”

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