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

Argues for Californians who want high-capacity magazines

By: - April 2, 2021 4:13 pm
Lawmakers override veto of concealed carry bill

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.”



Our stories may be republished online or in print under Creative Commons license CC BY-NC-ND 4.0. We ask that you edit only for style or to shorten, provide proper attribution and link to our web site. Please see our republishing guidelines for use of photos and graphics.

Wesley Muller
Wesley Muller

Wes Muller traces his journalism roots back to 1997 when, at age 13, he built and launched a hyper-local news website for his New Orleans neighborhood. In the years since then, he has freelanced for the Times-Picayune in New Orleans and worked on staff at the Sun Herald in Biloxi, WAFB-9News CBS in Baton Rouge, and the Enterprise-Journal in McComb, Mississippi. He also taught English as an adjunct instructor at Baton Rouge Community College. Much of his journalism has involved reporting on First Amendment issues and coverage of municipal and state government. He has received recognitions including McClatchy's National President's Award, the Associated Press Freedom of Information Award, and the Daniel M. Phillips Freedom of Information Award from the Mississippi Press Association, among others. Muller is a New Orleans native, a Jesuit High School alumnus, a University of New Orleans alumnus and a veteran U.S. Army paratrooper. He lives in Ponchatoula, Louisiana, with his two sons and his wife, who is also a journalist.