HELENA – Montana Attorney General Austin Knudsen led a 27-state coalition that filed an amicus brief asking the Supreme Court of the United States (SCOTUS) to overturn a California law that bans the possession of large capacity magazines.

The brief was filed in Virginia Duncan, ET AL. v. Rob Bonta, Attorney General of California. In March, the Ninth Circuit wrongly upheld the state’s ban on firearm magazines that contain more than 10 rounds of ammunition, infringing upon the right to keep and bear firearms commonly owned for lawful purposes. The attorneys general are asking SCOTUS to overturn the lower court’s ruling.

“California’s ban on large capacity magazines undermines our constitutional rights, which do not stop at state lines. SCOTUS has the opportunity to protect the Second Amendment and reject unlawful restrictions on law-abiding citizens,” Attorney General Knudsen said.

Plus-ten magazines are commonly possessed by citizens for lawful purposes including self-defense, hunting, and sporting activities. Following the U.S. Supreme Court decisions in District of Columbia v. Heller and New York State Rifle & Pistol Association, Inc. v. Bruen, courts must determine whether modern firearm regulations are consistent with the Second Amendment’s text and historical understanding. California’s ban would not pass the Bruen or Heller test and therefore is unconstitutional.

For example, in Bruen, SCOTUS ruled the Second Amendment protects the right of citizens to bear arms “that are unquestionably in common use today” for lawful purposes. One study found that 542 million Americans own plus-ten magazines, reflecting on a longstanding history and tradition of law-biding ownership.

“This obvious error from the Nation’s largest circuit on a core issue of constitutional law warrants this court’s review,” Attorney General Knudsen states in the brief. “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.”

Attorneys general from 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 also joined the brief.

Click here to read the brief.

Attorney General Knudsen recently led an amicus brief in the case Gator’s Custom Guns, Inc. v. Washington.