Coalition of Attorneys General Defend Constitutionality of Reasonable Gun Safety Laws to Protect Public Safety
BALTIMORE, MD (July 3, 2023) – Maryland Attorney General Anthony G. Brown has joined a coalition of 18 Attorneys General in filing an amicus brief defending Rhode Island’s restrictions on large-capacity firearm magazines. In the brief, which was filed on June 28 in the U.S. Court of Appeals for the First Circuit, the states argue that the Second Amendment to the U.S. Constitution permits states to enact reasonable firearms regulations, including those that restrict the size of firearm magazines, which protect public safety, prevent crime, and reduce the harm caused by gun violence.
The coalition filed the brief in Ocean State Tactical, LLC, et al. v. State of Rhode Island, a lawsuit filed by Rhode Island gun shop owners seeking to overturn a 2022 Rhode Island law restricting magazines to a maximum of 10 rounds of ammunition. The brief urges the First Circuit to affirm a District Court ruling that Rhode Island’s limitation on the size of ammunition magazines should stand while the case proceeds on the merits.
“I firmly believe that we can safeguard both the Second Amendment and the fundamental right of every citizen to live in peace, free from the constant threat of mass shootings made possible by high-capacity firearms. In mere seconds, lives are shattered, families are torn apart, and communities are forever scarred by senseless acts of violence,” said Attorney General Brown. “By supporting reasonable measures, like Rhode Island's restrictions on large-capacity magazines, we take a step forward towards a safer and more secure future, no longer plagu]ed by the devastating toll of mass shootings .”
Rhode Island and other states have enacted laws restricting magazine capacity to protect residents from gun violence and to reduce the number of casualties and fatalities from potential mass shootings. Several states, including Maryland, have enacted similar laws banning large-capacity magazines, and those laws have been widely upheld by federal courts as consistent with the Second Amendment. In Maryland, no one may manufacture, sell, offer for sale, purchase, receive, or transfer a detachable magazine that has a capacity of more than 10 rounds of ammunition for a firearm.
In the brief, the coalition argues that Rhode Island’s large-capacity magazine law is a constitutionally permissible restriction because:
Joining Attorney General Brown in filing the brief are the Attorneys General of California, Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Illinois, Massachusetts, Michigan, Minnesota, New Jersey, New York, Oregon, Pennsylvania, Vermont, Washington, and Wisconsin.
BALTIMORE, MD (July 3, 2023) – Maryland Attorney General Anthony G. Brown has joined a coalition of 18 Attorneys General in filing an amicus brief defending Rhode Island’s restrictions on large-capacity firearm magazines. In the brief, which was filed on June 28 in the U.S. Court of Appeals for the First Circuit, the states argue that the Second Amendment to the U.S. Constitution permits states to enact reasonable firearms regulations, including those that restrict the size of firearm magazines, which protect public safety, prevent crime, and reduce the harm caused by gun violence.
The coalition filed the brief in Ocean State Tactical, LLC, et al. v. State of Rhode Island, a lawsuit filed by Rhode Island gun shop owners seeking to overturn a 2022 Rhode Island law restricting magazines to a maximum of 10 rounds of ammunition. The brief urges the First Circuit to affirm a District Court ruling that Rhode Island’s limitation on the size of ammunition magazines should stand while the case proceeds on the merits.
“I firmly believe that we can safeguard both the Second Amendment and the fundamental right of every citizen to live in peace, free from the constant threat of mass shootings made possible by high-capacity firearms. In mere seconds, lives are shattered, families are torn apart, and communities are forever scarred by senseless acts of violence,” said Attorney General Brown. “By supporting reasonable measures, like Rhode Island's restrictions on large-capacity magazines, we take a step forward towards a safer and more secure future, no longer plagu]ed by the devastating toll of mass shootings .”
Rhode Island and other states have enacted laws restricting magazine capacity to protect residents from gun violence and to reduce the number of casualties and fatalities from potential mass shootings. Several states, including Maryland, have enacted similar laws banning large-capacity magazines, and those laws have been widely upheld by federal courts as consistent with the Second Amendment. In Maryland, no one may manufacture, sell, offer for sale, purchase, receive, or transfer a detachable magazine that has a capacity of more than 10 rounds of ammunition for a firearm.
In the brief, the coalition argues that Rhode Island’s large-capacity magazine law is a constitutionally permissible restriction because:
- The Second Amendment does not prevent states from enacting common-sense gun regulations: States have widely adopted reasonable restrictions on firearms and firearm accessories to address the conditions within their borders and protect public safety. Restricting access to large-capacity magazines is a reasonable restriction because it reduces firearm injuries and deaths while leaving many other options open for individuals who wish to exercise the core Second Amendment right to self-defense.
- Rhode Island’s law is consistent with a historical legal tradition of regulating and imposing restrictions on new and distinctively dangerous forms of weaponry: Historical gunpowder storage laws and other rules and regulations were explicitly intended to prevent threats to public safety by limiting the aggregation of arsenals far beyond what would be sufficient for self-defense. Many state and federal laws throughout American history have also regulated specific dangerous weapons or accessories used for criminal and other violent purposes, such as machine guns or short-barreled shotguns.
Joining Attorney General Brown in filing the brief are the Attorneys General of California, Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Illinois, Massachusetts, Michigan, Minnesota, New Jersey, New York, Oregon, Pennsylvania, Vermont, Washington, and Wisconsin.
