Arizona has joined a coalition of 22 states before the Ninth Circuit defending the Second Amendment rights of American citizens. The states are asking the court to declare California’s law limiting magazine capacities as unconstitutional.
Arizona, Alabama, Alaska, Arkansas, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Ohio, Oklahoma, South Dakota, South Carolina, Texas, Utah, West Virginia, and Wyoming are filing a legal brief at the United States Court of Appeals for the Ninth Circuit in Duncan v. Rodriquez – a challenge of California’s unconstitutional ban on extremely common magazines for firearms.
In the amicus brief, the states’ attorneys general note that California Penal Code 32310 violates the Second Amendment: “This Court, therefore, should not apply a balancing approach – like strict scrutiny or intermediate scrutiny – to a ban on arms commonly used by law abiding citizens for lawful purposes. Such an approach would be inconsistent with the decisions of the Supreme Court in Heller, McDonald, and Caetano.”
“The enumerated right to bear arms reflected in the Second Amendment is fundamental and predates the Bill of Rights. 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,” added the attorneys general.