The history of magazines holding 11 or more rounds: Amicus brief in 9th Circuit

The Volokh Conspiracy ^ | May 29, 2014 | David Kopel

[right-wing agnostic]

Currently before the Ninth Circuit is an appeal in the case of Fyock v. Sunnyvale, a case which challenges a California’s city’s ban on magazines which hold more than 10 rounds. While the State of California outlaws the sale, import, or transfer of such magazines, the Sunnyvale ban goes further, by prohibiting possession of these magazines, with no provision for grandfathering. The District Court upheld the ban; part of the Court’s analysis stated that magazines did not exist at the time the Second Amendment was ratified. Last Friday, amicus briefs in support of appellant were filed, including a brief which I co-authored on the history of magazines and of magazine prohibition.

My co-author on the amicus brief was the DC law firm of Bradley Arant Boult Cummings, and the brief was filed on behalf of the Center for Constitutional Jurisprudence (which is part of the Claremont Institute), and Gun Owners of California. As the amicus brief states, the NRA contributed funds supporting the preparation of the brief.

[right-wing agnostic]

David Kopel does some incedible work spelling out the history and original understanding of the Second Amendment. It's tragic that he's a lifelong Democrat, a party whose mission is to undermine ALL our constitutional rights, including those protected by the Second Amendment./rwa

[apillar]

The District Court upheld the ban; part of the Court’s analysis stated that magazines did not exist at the time the Second Amendment was ratified.

Well, I guess under that logic their is no freedom of speech or the press on TV, radio, the Internet etc since none of those existed when the Bill of Rights was ratified. Also I guess you Mormons or any other religion that came after the Bill of Rights are also out of luck regarding "freedom of religion"....

[Vendome]

“... part of the Court’s analysis stated that magazines did not exist at the time the Second Amendment was ratified.”

Taking that logic to its end then we should all be reduced to black powder and muskets. ...

Stupidest thing so far this morning....

[Lurker]

High speed printing presses, radio, ad tv didn’t exist either. I suppose we can ban those on that basis, too.

[Blood of Tyrants]

The argument is so weak as to be non-existent.

[Vendome]

Zactly...

[Dead Corpse]

Historically inaccurate Court analysis...

https://en.wikipedia.org/wiki/Puckle_gun

Argument invalid.

[Uncle Miltie]

Does anyone follow these stupid laws when they are made anyway?

Just feelgood liberal nonsense.

[Vendome]

Zang!

I wuhntz me sumb dat.

Kewel looking...

[Talisker]

While the State of California outlaws the sale, import, or transfer of such magazines, the Sunnyvale ban goes further, by prohibiting possession of these magazines, with no provision for grandfathering.

Why isn't it simply thrown out for beng ex-post facto?

[yefragetuwrabrumuy]

[TigersEye]

That only holds nine rounds. That magazine is good to go!

[ApplegateRanch]

A military-grade rifle with a 20 shot magazines DID exist (and even predated the Constitution) at the time.

The Girardoni air rifle was in service with the Austrian army from 1780 to around 1815.

Girandoni Air Rifle

Of course, that should not matter at all, as basing their decision upon what did or didn't exist at the time is falacious interpretation in the first place. The Federalist Papers, and other writings, spell out the original intent, which is what, and only what, should guide.

[ansel12]

It holds more like that, and they last so much longer.