The case is a challenge to California’s ban on magazines holding more than ten rounds. The “case…is now in its eighth year,” and most recently the ban was upheld by the U.S. Court of Appeals for the Ninth Circuit on March 20, 2025.
The brief opens:
The States of Montana, Idaho, Alabama, Alaska, Arkansas, Florida, Georgia, Iowa, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, West Virginia, Wyoming, and the Arizona Legislature submit this amicus brief to safeguard citizens’ constitutional right to keep and bear arms against unnecessary intrusions. That right includes the right to possess and use essential components of modern arms like plus-ten magazines.
The 27 states make clear they are urging SCOTUS “to grant certiorari and reverse” the Ninth Circuit’s decision.
The states note that “plus-ten magazine” bans exist in the same states where AR-15s and similar semiautomatic firearms are banned. They note the existence of these bans demonstrates that a “combination of legislative and judicial defiance to the Court’s precedents serves as a double whammy to the constitutional rights of law-abiding Americans.”
The states say such defiance to SCOTUS’s precedents makes it incumbent on the Court to step in.
AG Knudsen observed:
This obvious error from the Nation’s largest circuit on a core issue of constitutional law warrants this court’s review. Only this court’s review can correct these persistent misapplications, which deprive citizens of their fundamental rights, their property, and their ability to defend themselves.
He added, “California’s ban on large capacity magazines undermines our constitutional rights that do not stop at state lines. SCOTUS has the opportunity to protect the Second Amendment and reject unlawful restrictions on law-abiding citizens.”
Last week, Breitbart News reported that the 27-state coalition filed an amicus brief in support of Gator’s Custom Guns, Inc. in the case, Gator’s Custom Guns, Inc. v. Washington. The case is a challenge to Washington state’s ban on large capacity magazines. The ban was overturned by a lower court, then upheld by the Washington Supreme Court. Gator’s responded by petitioning SCOTUS.
AWR Hawkins is an award-winning Second Amendment columnist for Breitbart News and the writer/curator of Down Range with AWR Hawkins, a weekly newsletter focused on all things Second Amendment, also for Breitbart News. He is the political analyst for Armed American Radio, a member of Gun Owners of America, and the director of global marketing for Lone Star Hunts. He was a Visiting Fellow at the Russell Kirk Center for Cultural Renewal in 2010 and has a Ph.D. in Military History. Follow him on X: @awrhawkins. You can sign up to get Down Range at breitbart.com/downrange. Reach him directly at awrhawkins@breitbart.com.
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