| The United States Department of Justice (“DOJ”) recently filed a complaintfor declaratory and injunctive relief against the State of Colorado and the Colorado Department of Public Safety in federal court challenging the constitutionality of Colorado’s ban on magazines with the capacity to hold more than fifteen rounds of ammunition. Passed in 2013, Colo. Rev. Stat. § 18-12-302 (the “Magazine Ban”) makes it a criminal misdemeanor to sell, transfer, or possess in Colorado a “large-capacity magazine,” which is defined to include a “fixed or detachable magazine, box, drum, feed strip, or similar device capable of accepting, or that is designed to be readily converted to accept, more than fifteen rounds of ammunition.” The DOJ argues that, pursuant to the Supreme Court’s holding in Bruen, the Magazine Ban violates the Second Amendment because it is inconsistent with the Nation’s historical tradition of firearm regulation. The complaint alleges: “The Magazine Ban’s characterization of these magazines as ‘large capacity’ is a misnomer, because magazines capable of holding more than 15 rounds are, in fact, standard capacity magazines for many popular firearms, including the AR-15 rifle, the most popular rifle in America.” DOJ’s press release stated, “This law unconstitutionally infringes on the Second Amendment rights of law-abiding citizens to keep and bear arms in common use for lawful purposes….Law-abiding Americans own hundreds of millions of magazines such as those banned by the State.” Citing the widespread use of such “large-capacity magazines” for lawful purposes, the DOJ claims that the Magazine Ban runs afoul of the Heller case, where the Supreme Court held that the Second Amendment protects the right of law-abiding citizens to keep and bear arms in common use for lawful purposes. Assistant Attorney General Harmeet K. Dhillon of the Justice Department’s Civil Rights Division noted, “Colorado’s ban on certain magazines is political virtue signaling at the expense of Americans’ constitutional right to keep and bear arms.” This case could affect many other states with magazine bans, including those with ten round limits, so the industry should take note beyond the borders of Colorado. Renzulli Law Firm, LLP will continue to monitor new and developing firearms litigation around the country. If you have any questions concerning firearms-related litigation, please contact Christopher Renzulli. Renzulli Law Firm is Monitoring Firearm-Related Legislative Developments Renzulli Law Firm, nationally recognized as one of the premier law firms in the country serving the Firearms Industry, is monitoring legislative developments affecting the industry and publishing regular updates which are available by e-mail and on the Firm’s website. Our firearms legislation updates are available here. Additional information about the Firm’s litigation, counseling and consulting services for the Firearms Industry is available here. This e-mail is provided by Renzulli Law Firm for educational and informational purposes only and is not intended and should not be construed as legal advice. |