Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

California: Court Denies Request to Temporarily Block Enforcement of Los Angeles Ordinance Banning So-Called “Large-Capacity” Magazines

Friday, November 13, 2015

California: Court Denies Request to Temporarily Block Enforcement of Los Angeles Ordinance Banning So-Called “Large-Capacity” Magazines

As previously reported, a majority of California Sheriffs, two law enforcement organizations, the California Rifle and Pistol Association (CRPA), and several other individuals filed a lawsuit seeking to invalidate Los Angeles’ recently enacted ban on the  the possession of standard capacity magazines capable of holding more than ten rounds.  The lawsuit, Bosenko v. City of Los Angeles, challenges the magazine possession ban on legal “preemption” grounds, because California state law allows for the possession of such magazines, and specifically authorizes their possession in a variety of circumstances that the City improperly prohibits.

On November 12, 2015, the trial court denied a preliminary emergency request to temporarily block the city from enforcing the ordinance while the case proceeds. The court cited a lack of “irreparable harm” that would result if the ordinance goes into effect, because individuals can store their magazines outside the City or not travel into Los Angeles with their magazines while the case is litigated.  The court agreed to expedite the case, however, and made no ruling on the ultimate merits of whether the City’s archaic ban is preempted by the state’s comprehensive regulation of standard-capacity magazines. The parties will now have an opportunity to fully brief the preemption issues for the court, and a final ruling from the trial court is expected in the first half of 2016. Because the court made no findings whatsoever on whether the ordinance is preempted, any other jurisdictions that might consider adopting similar ordinances will face immediate litigation. If you learn of similar ordinances being considered in your area, please promptly contact the law offices of Michel and Associates, P.C.

To help you understand your rights and responsibilities under the ordinance, the NRA and CRPA have prepared a detailed Compliance Guide for individuals who may be impacted by the new law. The complimentary guide explains the ins and outs of the ordinance, your options for lawfully keeping your magazines while the case proceeds, and how to effectively protect your rights during encounters with law enforcement. Under the conditions of the ordinance, the mere possession of any so-called “large-capacity” magazine within Los Angeles on or after November19, 2015 will be a misdemeanor offense. Los Angeles residents must remove any banned magazines from Los Angeles city limits before that date.  If you are a Los Angeles resident and you fail to exercise any of your options discussed in the Compliance Guide before November 19, you should contact an attorney experienced in firearms law to discuss your situation.

Significantly, the ordinance doesn’t only apply to Los Angeles city residents. Non-resident gun owners must avoid traveling through any part of the city of Los Angeles while possessing any banned magazine. It is practically impossible to know all of the city’s exact boundaries, as illustrated by this map. The borders of Los Angeles intersect every major Southern California freeway. In some cases the city of Los Angeles completely surrounds other smaller cities, like Beverly Hills, and Santa Monica. So anyone traveling out of Santa Monica or Beverly Hills, and anyone traveling through the city of Los Angeles with a banned magazine can be prosecuted.

Stay tuned for further information as this case continues towards a resolution on the merits. As the case progresses, all filings in the case can be viewed here. In the meantime, please refer to the information below on ways you can help fund this lawsuit and others like it that seek to preserve and promote your Second Amendment rights.

 

Help Us Help You

Please help us fight for your right to choose to own a gun for sport, or to defend yourself and your family. The NRA and CRPA work together in California to fight for you, in cities and counties across the state, in regulatory agencies, and in the courts.  Even with the generous rates that our team of civil rights attorneys, legislative advocates, experts and consultants grant us, these ongoing efforts are still expensive. You can support our pro-Second Amendment efforts in California by donating to the NRA Legal Action Project.  All donations will be spent to specifically benefit California gun owners.

Second Amendment supporters should be careful about supporting litigation or other efforts promised by other individuals and groups that lack the experience, resources, skill, or legal talent to be successful. The NRA and CRPA national team of highly regarded civil rights attorneys, legislative advocates, and scholars has the experience, resources, skill and expertise needed to maximize the potential for victory in California’s often hostile political environments.

For a summary of some of the many actions the NRA and CRPA has taken on behalf of California gun owners, including the Peruta case, click here.          

TRENDING NOW
Nancy Pelosi: Pro-Gun Voters Made an Impact

News  

Monday, November 18, 2024

Nancy Pelosi: Pro-Gun Voters Made an Impact

Congratulations NRA members and other pro-gun voters! Once again, our votes helped make the difference.

Bloomberg’s Mayors, Back in the News!

News  

Monday, November 18, 2024

Bloomberg’s Mayors, Back in the News!

Just a few short weeks ago, we wrote about Michael Bloomberg’s controversy-dogged gun control organization, Mayors Against Illegal Guns (MAIG), and how another high-ranking member of the group had been indicted for allegedly committing serious ...

Make Crime Illegal Again

News  

Monday, November 18, 2024

Make Crime Illegal Again

While less prominent than the red sweep of the nation’s electoral map and the triumph of President Donald Trump, another telling development following the 2024 elections was the number of Californians in ultra-progressive strongholds who ...

Federal District Court Strikes Down IL’s “Assault Weapon” and “Large-Capacity Magazine” Bans in NRA-Supported Case

Saturday, November 9, 2024

Federal District Court Strikes Down IL’s “Assault Weapon” and “Large-Capacity Magazine” Bans in NRA-Supported Case

Today, the U.S. District Court for the Southern District of Illinois struck down provisions of the Protect Illinois Communities Act (PICA) that prohibit “assault weapons” and “large-capacity magazines” in an NRA-supported case, Barnett v. Raoul.

NRA Files Amicus Brief Arguing that Washington’s Magazine Ban Violates the Second Amendment

Friday, November 15, 2024

NRA Files Amicus Brief Arguing that Washington’s Magazine Ban Violates the Second Amendment

Today, NRA filed an amicus brief in the Supreme Court of the State of Washington in a challenge to Washington’s prohibition on magazines that hold over 10 rounds.

Michigan: Take Action Against "Gun-Free Zone" Bills Today!

Friday, November 15, 2024

Michigan: Take Action Against "Gun-Free Zone" Bills Today!

Yesterday, the Senate Committee on Civil Rights, Judiciary, and Public Safety SB 857 and SB 858 with amendments and the bills will now be eligible for votes on the Senate floor. Please use the take action button below and ...

Grassroots Spotlight: North Carolina Grassroots

Take Action  

Monday, November 18, 2024

Grassroots Spotlight: North Carolina Grassroots

The North Carolina NRA-ILA Grassroots Team recently held an NRA “Day of Action” event to coincide with the start of early voting in the Tarheel State, and to encourage our Second Amendment community to “Get Out and Vote”!

Michigan: House of Representatives to Take Important Vote on Anti-Gun Bills

Tuesday, November 12, 2024

Michigan: House of Representatives to Take Important Vote on Anti-Gun Bills

Tomorrow, the Michigan House of Representatives is expected to vote on two packages of anti-gun bills. Use the take action button below to contact your Representative and urge them to oppose these anti-gun bills!  

PREFILING OF LEGISLATION BEGINS IN TEXAS FOR THE 2025 SESSION

Friday, November 15, 2024

PREFILING OF LEGISLATION BEGINS IN TEXAS FOR THE 2025 SESSION

Prefiling of legislation for the 2025 Regular Session of the Texas Legislature began on Tuesday.  Within the first three days, more than 75 firearm-related bills had been filed, the majority of which were anti-gun measures ...

Michigan: Senate Committee to Vote on Expanding Gun-Free Zones

Tuesday, November 12, 2024

Michigan: Senate Committee to Vote on Expanding Gun-Free Zones

Tomorrow, the Senate Committee on Civil Rights, Judiciary, and Public Safety will take up SB 857 and SB 858. These bills would dramatically expand “gun-free zones” in the state and drastically limit where those with a concealed pistol ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.