There has been, in recent years, a flurry of Second Amendment-related legal cases making their way through the courts, and one of the points addressed in these cases is the constitutionality, in mind of the Second Amendment, of bans on “high-capacity” magazines. While these bans make about as much sense as bans on bayonet lugs (which really was part of the 1994 federal assault weapons law) it’s still a sticking point for the would-be gun-banners out there.
One case, Duncan v. Becerra, challenged California’s magazine ban, and in that case, Judge Roger T. Benitez wrote:
The United States Supreme Court in District of Columbia v. Heller established a simple Second Amendment test: The right to keep and bear arms is a right enjoyed by law-abiding citizens to have arms that are not unusual ‘in common use’ ‘for lawful purposes like self-defense.’… It is a hardware test. Is…
