Standard Capacity Magazines

Introduction

A standard capacity magazine generally means any detachable ammunition feeding device that is sold with and designed to operate in firearms as sold from the manufacturer. Many popular semiautomatic handguns and rifles are sold with magazines that have capacities of 15-30 rounds. Therefore, restrictions on magazine capacity create unnecessary burdens on responsible firearms owners who would then have to purchase additional equipment for their firearms to be legally operational.

Issue

As part of the Violent Crime Control and Law Enforcement Act of 1994, President Clinton signed the Federal Assault Weapons Ban, which made it illegal to either manufacture or sell ammunition magazines holding more than 10 rounds. The Federal Ban expired in 2004, and a 2003 Centers for Disease Control (CDC) study of the Federal Assault Weapons Ban was unable to show that this ban and its magazine capacity limitation had reduced crime. Furthermore, a peer reviewed study by Christopher Koper and Jeffrey Roth of the Jerry Lee Center of Criminology at the University of Pennsylvania, found “no evidence of reductions in multiple-victim gun homicides or multiple-gunshot wound victimizations” as a result of the federal ban on standard capacity magazines. Despite this, several states and jurisdictions have put similar magazine capacity bans into place in recent years. These bans place limits on the possession, sale, and/or transfer of standard capacity magazines and vary from state to state.

Points of Interest

• Standard capacity magazines are very popular in the recreational shooting community. Each year, firearms sales within the recreational shooting community account for the majority of all firearms sales across the country. 80% of firearms sales dollars are assigned to non-hunting purposes each year, whereas only about 20% are assigned to hunting. Firearm sales are very important, as they actively contribute to the American System of Conservation Funding through taxes. These taxes are used to fund state fish and wildlife management agencies, making the recreational shooting community a driving force for state-level conservation efforts nationwide.
• In 2012, legislation was passed in Arizona (H.B. 2640) which prevents the Arizona Game and Fish Commission from being able to limit or restrict magazine capacity limits for authorized firearms.
• In 2013, New York State adopted Senate Bill 2230 which instituted a seven-round limit, and although 10 round magazines were allowed to be bought, sold, and possessed, magazines could not be loaded with more than seven rounds. A federal judge subsequently ruled that New York’s seven-round limit was unconstitutional.
• In 2016, California Governor Jerry Brown signed S.1446, which severely restricts standard capacity magazines. Under this law, anyone possessing a magazine with a carrying capacity larger than 10 rounds, no matter the caliber, was required to dispose of the magazine by July 1, 2017.
  • This law has subsequently been found unconstitutional and is the focus on ongoing legal cases challenging the validity of the California ban. In 2019, the United States District Court of San Diego found the ban unconstitutional, and this decision was later upheld on appeal by the Ninth Circuit Court.
• The following states have implemented capacity-based magazine bans: California – 10 rounds, Colorado – 15 rounds, Connecticut – 10 rounds, Hawaii – 10 rounds, Maryland – 10 rounds, Massachusetts – 10 rounds, New York – 10 rounds; New Jersey – 10 rounds (previously restricted to 15 rounds); Vermont – 10 rounds for rifles and 15 rounds for handguns; and Washington – 10 rounds.
• The following cities, among others, also have capacity-based bans in place: San Francisco, CA – 10 rounds; Los Angeles, CA – 10 rounds; Oakland, CA – 10 rounds; Denver, CO – 15 rounds; Washington, DC – 10 rounds; Aurora, IL – 15 rounds; Chicago, IL – 12 rounds; Franklin Park, IL – 16 rounds; Oak Park, IL – 10 rounds; Riverdale, IL – 35 rounds.
• A 2022 Ballot Initiative, Measure 114, was voted on by Oregon voters during the November 8^th Election. The measure was approved, however two lawsuits have been filed arguing that the initiative is unconstitutional and Judge Robert Raschio placed an injunction on the law going into effect.

Moving Forward 

With no proven benefits, legislation arbitrarily limiting the capacity of magazines places an undue burden on law-abiding citizens. It requires responsible firearm owners to purchase additional and expensive equipment for their firearms to be operational and comply with legislation. Elected officials should insist this matter be a decision left to the discretion of individual firearm owners, rather than a government mandate.