July 31st, 2015

City of Los Angeles Bans Possession of High-Cap Magazines

Los Angeles Magazine Ban high-capacity NRA

Don’t drive through the City of Los Angeles (or fly into LAX) if you have a magazine that holds more than ten (10) rounds. In its infinite wisdom, the Los Angeles City Council approved a new law that makes mere possession of a full-capacity magazine illegal EVEN if it was obtained legally, in compliance with all state and federal laws. This, by definition, is an “ex post facto” law — a statute that makes a crime out of what was considered legal before, requiring citizens to take affirmative action or else be subject to criminal penalties. Possession of a magazine that holds more than 10 rounds will now be a misdemeanor in the City of Los Angeles, as soon as Mayor Eric Garcetti signs the measure into law, which he has promised to do.

Once codified into law, the magazine ban gives residents only two months to comply. Residents will have 60 days to surrender their magazines to the police or remove their magazines from the city. The author of the law, City Councilman Paul Krekorian, declared that the new law will be enforced aggressively by the Los Angeles Police Department.

WARNING — Do Not Transport High-Capacity Magazines Through Los Angeles
We caution all readers that they should not bring any firearm magazines that hold more than ten rounds into the Los Angeles city limits. Even if you are just “driving through” on the way to another location, you could be arrested for possession. Likewise, do not ship magazines into Los Angeles, and do not fly into Los Angeles city airports (such as LAX) with high-capacity magazines in your possession on in your luggage. Even if we were just transferring in Los Angeles from one flight to another, we would not carry high-capacity magazines into that airport zone.

Los Angeles Magazine Ban high-capacity NRA

Under current California state law it is illegal to buy, sell, manufacture, or import magazines that hold more than ten rounds. However, statewide (except in San Francisco, and Sunnyvale and soon Los Angeles) it is still completely legal to possess such magazines if they were acquired legally BEFORE the high-cap magazine ban went into effect. In other words, possession of “pre-ban” high-cap magazines is “grandfathered” in California — you just can’t buy or sell them anymore within California.

Is the Los Angeles Magazine Ban Constitutional?
The new Los Angeles law can be attacked on various legal grounds. First it can be challenged as an “Ex Post Facto” law. Second, the law should be invalid under the pre-emption doctrine, since regulation of firearm magazines is already controlled by state statute. The pre-emption doctrine recognizes that a state cannot allow municipalities to enact myriad conflicting laws on the same subject matter. Unfortunately, an NRA legal challenge to municipal magazine bans in San Francisco and Sunnyvale failed on Second Amendment grounds. It would have made more sense to have attacked those city-specific regulations on the basis of state pre-emption. Unfortunately, the NRA’s litigation failure will make it more difficult to overturn the Los Angeles magazine ordinance.

LAX Photo By JadeLux (Own work) [CC BY-SA 3.0], via Wikimedia Commons.

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