America’s cherished Second Amendment rights have been increasingly tested as anti-freedom states continue to pile on laws restricting the capacities of firearm magazines.
This move has been controversial and divisive, with a total of 14 states, alongside the District of Columbia, imposing their own versions of these unconstitutional mag restrictions. While these laws are presented under the guise of “public safety,” many proponents of gun rights view them as mere cosmetic interventions that do little to prevent the real issues at hand. Furthermore, the USCCA, a renowned authority in the firearms community, suggests that these laws might not be the effective remedy to mass shootings that they are made out to be.
Name Me One Magazine Capacity Ban Our Founding Fathers Would Have Followed?
And don’t forget that in their landmark decision, the Supreme Court of the United States (SCOTUS) in the Breun case underscored a pivotal perspective on Second Amendment interpretations. The Court stressed the imperative of a historical precedent, emphasizing that for any firearm regulation to be deemed constitutional, there should be a demonstrable history of similar laws or restrictions at the time of America’s founding.
This effectively challenges modern justifications that lean heavily on states’ ‘balancing interests’ as a rationale for enacting gun magazine-control laws. The decision underscores a shift back to originalist interpretations, insisting that the rights enshrined in the Constitution cannot be easily molded or compromised based on contemporary arguments or evolving public interests.
To truly grasp the implications and controversies surrounding these completely random restrictions, let’s delve deeper into the specific state magazine limitations [at least as of the date of this article]:
- California: They’ve restricted magazines over 10 rounds, a move some argue is based more on fear than actual data. Interestingly, Judge Roger Benitez recently deemed this restriction unconstitutional, echoing the sentiments of countless law-abiding gun owners.
- California Code of Regulations, Title 11, Section 97850: https://casetext.com/regulation/california-code-of-regulations/title-11-law
- California Penal Code, Section 12310: https://www.law.cornell.edu/uscode/text/10/12301
- Colorado: Despite a rich history of responsible gun ownership, the state has limited magazines to 15 rounds, with Boulder even going further with a 10-round cap.
- Colorado Revised Statutes, Title 18, Article 12, Section 18-12-108: https://cbi.colorado.gov/sites/cbi/files/C.R.S.%2018-12-108.pdf
- Connecticut: A state that likes to call itself the “Constitution State” has a 10-round magazine limit. How do these restrictions truly align with the spirit of our nation’s founding principles?
- Connecticut General Statutes, Section 9-41g(b)(1): https://www.cga.ct.gov/current/pub/chap_155.htm
- Delaware: The restriction here is 17 rounds, with exemptions for military and law enforcement – but why not for everyday citizens who simply wish to exercise their rights?
- Delaware Code, Title 11, Chapter 14, Section 1447: https://delcode.delaware.gov/title11/c005/sc07/
- District of Columbia: They’ve opted for a mere 10-round limit. It appears dimmed in the heart of our nation, where liberty should shine brightest.
- District of Columbia Code, Title 22, Chapter 45, Section 45-913.02: https://www.dccourts.gov/sites/default/files/2022-09/Center%20for%20Inquiry%20v.%20Walmart%2020-CV-392.pdf
- Illinois: A state divided. As of 5/6/2023, while most parts have a 15-round cap for pistols, Cook County is more stringent, limiting all magazines to 10 rounds.
- Illinois Compiled Statutes, 720 ILCS 5/24-2(a)(1): https://codes.findlaw.com/il/chapter-720-criminal-offenses/il-st-sect-720-5-24-1/
- Hawaii: A paradise with an asterisk, allowing only 10 rounds in handgun magazines.
- Hawaii Revised Statutes, Section 134-16: https://www.capitol.hawaii.gov/hrscurrent/vol03_ch0121-0200d/hrs0134/hrs_0134-.htm
- Maryland: They’ve also joined the 10-round club. The Old Line State’s line seems drawn in the sand against gun enthusiasts.
- Maryland Code, Annotated, Article 27, Section 447: https://www.familywatchdog.us/laws/mddef.asp
- Massachusetts: Here, the 10-round limit stands, but with legal loopholes dating back to 1994.
- Massachusetts General Laws, Chapter 140, Section 131L: https://www.mass.gov/info-details/mass-general-laws-c140-ss-131l
- New Jersey: The Garden State limited mags to 10 rounds, turning millions of gun owners into felons overnight while trying to redefine long-standing gun definitions.
- New Jersey Revised Statutes, Title 2C, Section 39-3(j): https://law.justia.com/codes/new-jersey/2009/title-2c/2c-39/2c-39-3
- New York: Their law fluctuates between seven to 10 rounds. However, the question remains: Are these regulations truly for the safety of New Yorkers or merely political gestures?
- New York Penal Law, Section 265.01(c): https://www.nysenate.gov/legislation/laws/PEN/265.01-C
- Rhode Island: Recently implemented a 10-round cap. The Ocean State’s stance appears more like a wave against gun rights.
- Rhode Island General Laws, Section 11-47-50: http://webserver.rilin.state.ri.us/Statutes/TITLE11/11-47/INDEX.HTM
- Vermont: A 15-round cap for handguns exists, but with the Green Mountain State’s rich history, this seems a surprising and abrupt turn.
- Vermont Statutes Annotated, Title 13, Section 4005(c): https://law.justia.com/codes/vermont/2022/title-13/
- Virginia: While they haven’t explicitly restricted magazine size, they’ve craftily redefined certain weapons to circumvent rights. Virginia does not have any explicit restrictions on magazine capacity. Still, it has a law that prohibits the possession of certain firearms with magazines that hold more than 20 rounds in certain public places in certain cities. This law is known as the “High-Capacity Magazine Ban.”
- Virginia Code, Section 18.2-287.4: https://law.lis.virginia.gov/vacode/title18.2/chapter7/section18.2-287.4/
- Washington: Here, 10 rounds is the limit for both rifles and pistols, casting a shadow over the Evergreen State’s gun owners.
- Washington Revised Code, Section 9.41.045: https://app.leg.wa.gov/rcw/default.aspx?cite=9.41.045
All Magazine Restrictions Are Unconstitutional
Firearms magazine restrictions should all be ruled unconstitutional. Each is a direct impingement of freedom, and all are designed to frustrate and entrap unsuspecting gun owners. From this perspective, the argument is clear: Rather than addressing the root causes of violence, these regulations are just feel-good, do-something responses designed to do one thing: chip away at law-abiding citizens’ right to self-defense.
Ant-gun states spin these restrictions as a step toward “safety,” and countless Americans view them as a step away from the liberties they hold dear. For them, the right to bear arms, in its entirety, is non-negotiable and an integral part of what makes America free.
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Smith & Wesson model 29
P-47 Thunderbolt. (U.S. Air National Guard photo by Master Sgt. Andrew J. Moseley/Released)
Taking lessons from the slaughter of World War I trench warfare, once the Allied armies of World War II were able to stifle Nazi Germany’s offensive capabilities, a new doctrine emerged to utilize industrial might to win the war. This doctrine can be summarized as “steel over flesh,” however much of the “steel” was actually aircraft aluminum.
The Royal Air Force in the North African Western Desert campaign demonstrated both the effectiveness and the economy, in both lives and war material, of coordinated ground attacks. A combination of Spitfires, Hurricanes, P-40s, and medium bombers and attack aircraft such as the British Blenheim attacked Afrika Corps airfields and logistics while engaging attacking Luftwaffe aircraft, especially those on reconnaissance over British positions.
While building up a strong numerical advantage over the desert Luftwaffe, the RAF began to turn the art of aerial warfare into a science. Pilots were assigned to leading army elements, along the same proven concept of the forward observer for artillery. “On call” airborne fighter bombers called (taxi) “cab ranks,” could be called down on heavy concentrations of enemy troops and equipment.
Reserve Afrika Corps and fascist Italian maneuver units were attacked and neutralized before they could reach the battle area, and mobile fuel and munitions storage areas were located and bombed. Eventually, the Axis forces in North Africa, caught in a two-front war after American and additional British forces landed in Morocco and Algeria, were forced to surrender when driven to the sea in Tunisia. Over 250,000 Axis troops were taken prisoner.
While this system of Close Air Support, or CAS, continued to evolve in the subsequent campaigns in Sicily and Italy, weather and terrain precluded the spectacular successes achieved in the wide-open desert. During this time, the primary American fighter bomber for the remainder of the war emerged: the P-47 Thunderbolt.
The Thunderbolt entered U.S. Army Air Force combat service in the European Theater, in both Britain and Italy, in 1943. It was a large and rugged, but also an agile fighter. Armed with eight .50 caliber machine guns, it was a worthy opponent for the German Messerschmidt Me-109 and Focke Wulf Fw-190. Unfortunately, its range was insufficient to fully protect American heavy bombers during daylight missions over continental Europe. The American P-51 Mustang, powered by a British Rolls Royce Merlin engine., would ultimately achieve the magic combination of range, armament, and dogfighting ability to fulfill the bomber escort role.
The mainstays of the RAF Desert Air Force ground attack aircraft, the Hurricane and P-40, were never ideal for that role, and their pre-war designs had rendered them obsolete in the European theater even during the desert campaign. Hawker Aircraft, maker of the Hurricane, began to produce a new fighter, the Typhoon, to replace its predecessor.
The Typhoon was a powerful and extremely robust aircraft, with thick wings fitted with four 20-millimeter cannons. In initial testing, its performance at other than low levels was disappointing. Since the Spitfire was being constantly improved, it was determined that newer versions would continue to fulfill the “pure” fighter role, and the Typhoon developed as a fighter bomber, configured to carry either two 1,000-pound bombs or a variety of unguided rockets, plus its formidable 20 mm cannons. Despite its limitations, the Typhoon could hold its own with the new Fw-190 at low levels.
As the inevitable Allied invasion of France approached, Typhoons and P-47s modified to carry bombs and rockets began to attack Luftwaffe airfields in France and train locomotives caught rolling down the tracks. Realizing how vulnerable the D-Day landing forces would be to mass panzer attacks until sufficient Allied armored forces could land and assemble, Typhoon and Thunderbolt pilots were told to scour the Normandy countryside for German tanks to attack. This effort worked, using rockets for individual tanks and bombs when armor formations were discovered, and this tactic was continued through the rest of the war. German ground forces soon feared the daylight, only moving at night or during poor weather, when possible.
When Hitler ordered the last-ditch attack of the Battle of the Bulge in late 1944, bad weather favored the Nazi assault during the opening days, however, ground to a halt and then was ravaged once the Allied fighter bombers could see them on the ground to attack.
Both aircraft, and the service and sacrifice of the pilots and ground crews during the war, are memorialized by modern fighter aircraft. The American A-10 Thunderbolt II tank buster has been in service for many decades. The Eurofighter Typhoon fighter entered front-line service in 2003 with the RAF and, ironically, the air forces of Germany, Austria, and Italy.
Numerous flyable P-47s exist. There is not currently a flyable Typhoon, however, aircraft RB396 is undergoing restoration in Britain, by the Hawker Typhoon Preservation Group.
Particularly in a military environment, the shower is for getting clean,
not socializing. Unsplash photo—photographer One Beauty.
Private Daniels was just not cut out to be a soldier. A wheeled vehicle mechanic, she was forever in trouble. She stole money from her roommate and then attacked the young lady with a shoe brush for reporting her. At the time of this incident she was already being put out of the Army for writing bad checks.
Private Daniels’ boyfriend was a local civilian whom she had met in a bar. I have no idea what he did or where he came from. She had invited him up to her room in the barracks, and he was stupid enough to accept.
CW2 Johansen was one of my Warrant Officers. A former NCO before attending the Warrant Officer course and flight training, Bill was an old school soldier. This fateful evening he was the Battalion Staff Duty Officer. Part of his responsibility involved circling through the barracks, the hangars and the motor pools to ensure everything was quiet and secure. Most officers, myself included, did a fairly cursory job of this. We weren’t at war, and the possibility that the Russians might try to infiltrate our truck park seemed low. Not so Bill Johansen. He checked everything quite thoroughly.
It was wintertime and well below freezing. Bill linked up with the CQ (Charge of Quarters) of the female barracks for a quick walk-through. (Barracks were segregated by gender back then.) The CQ was a junior enlisted soldier whose duty it was to mind the front desk to the barracks all night. As it was a female-only facility, the CQ served as Bill’s escort as he did his walk-through. On the second floor, as they strolled past the communal latrine, they heard jungle noises.
Bill dispatched the CQ to investigate. The CQ duly reported that Private Daniels and her boyfriend were enjoying a cozy shower together. Bill Johansen was having none of that.
Bill was a pretty intimidating guy. He snatched up Private Daniels’ terrified boyfriend and frog marched him, dripping and naked, down to the CQ desk. The poor kid asked if he could go back to Private Daniels’ room to retrieve his clothes, but Bill refused. He felt this to be a teachable moment.
It’s all fun and games until you’re running wet and naked through the snow.
Unsplash photo—photographer Abdullah Ali.
The boyfriend was soaking wet. Bill had the CQ fetch whatever clothing was available in the latrine for the guy to use to cover himself. The CQ returned with Private Daniels’ see-through pink negligee.
Imagine if you will a 19-year-old wet, terrified man shivering in an office wearing nothing but a woman’s sexy transparent nightgown. With this as a foundation, Bill went to work. He started the conversation by postulating how long he thought the kid would go to jail for molesting government property.
Bill explained that Private Daniels belonged to the government, and that the penalties for illicit showering with GIs were severe. By the time he got done the unfortunate young man was expecting fifteen to twenty years hard labor at Fort Leavenworth. At that critical moment Bill placed a phone call. When he returned to the holding area the damp naked man was nowhere to be found.
The kid had crawled out the window. It was 26 degrees out, and Private Daniels’ date was both soaked and barefoot. Additionally, ours was an absolutely enormous Army post. It was literally miles to the nearest gate. Bill sighed and rang up the MPs. He asked them to be on the lookout for a desperate, shivering, wet naked man trying to escape and evade off post. They dispatched a squad car and found the poor miserable guy in short order.
The MPs gave the kid a ride to his apartment off post and donated an Army blanket to the cause. Though I can’t be sure, I rather suspect the sordid events of the evening put a damper on the blossoming relationship between Private Daniels and her now exceptionally clean boyfriend.
Bill briefed me up on the situation the following day. I didn’t have the heart to castigate Private Daniels. She was already well on her way to becoming a civilian. Sharing a communal shower with a civilian in the female barracks wasn’t going to substantially accelerate that process.
I don’t know exactly what I expected work to be like when I chose to become an Army officer. I hoped for travel and adventure, to be sure, but I never expected stuff like that. As for Bill Johansen, he felt good about himself. He could rest easy in the knowledge that absolutely all of the Battalion property was indeed secure.
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Guns in the Movies (Video)
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