Suit filed arguing Rhode Island’s new large capacity magazine ban violates constitutional rights
PROVIDENCE, R.I. (WLNE) — Lawyers for one gun store and several individuals have filed a lawsuit against a recently signed bill that would ban the possession and purchasing of gun magazines that our capable of holding more than ten rounds.
The lawsuit was filed Thursday night by attorneys with Kelly, Souza, & Parmenter law firm in Providence on behalf of Bear Hunting and Fishing Supply store in Harmony, Rhode Island, and several other individuals
Attorneys are arguing the recently passed bill is in violation of the takings clause of the Fifth Amendment, the Second Amendment and the due process clause of the Fourteenth Amendment.
“If left standing unchallenged, [the bill] would open the door to government’s ability to acquire private property, and obviate a takings clause issue by legislating under the guides of ‘public safety’ in times of public fear, media outrage, and great political discourse,” the attorneys argued in the suit.
The attorneys further argue the Second Amendment protects the rights of those to bear arms that are “typically possessed by law abiding citizens” and that the government can not take private property without just compensation.
The suit also contends that the new law will harm responsible gun owners and enable criminals.
“Banning magazines over ten rounds is no more likely to reduce criminal abuse of guns than banning high horsepower engines is likely to reduce criminal abuse of automobiles. To the contrary, the only thing the ban ensures is that a criminal unlawfully carrying a firearm with a magazine over ten rounds will have a advantage over his law-abiding victim,” reads a portion of the suit.
Attorneys are calling for the court to declare the ban unconstitutional and to prohibit the state from enforcing the ban.
Last week, Attorney General Peter Neronha said they will be wiling to fight any suit in court.
“Should the State be sued here, we are confident we will be able to defend the law,” said a Neronha spokesman.
The magazine ban was one of three gun bills that Gov. Dan McKee signed this week.
The others being raising the age to purchase a gun to 21 and to bar the open carry of shotguns and rifles on public grounds.