Proponents of bans on standard firearms magazines claim that the bans do not affect lawful self-defense, and do impair mass shooters. Supposedly, victims will be able to escape or fight back during the “critical pause” when a mass shooter is swapping magazines. The claims are not plausible, as explained in an amicus brief I filed on Nov. 30 in the U.S. District Court in Colorado. The case is Gates v. Polis, which challenges the Colorado legislature’s 2013 ban on magazines over 15 rounds.
The brief was on behalf of Sheriffs and law enforcement training organizations: the International Law Enforcement Educators and Trainers Association, the Colorado Law Enforcement Firearms Instructors Association, the Western States Sheriffs Association, 10 elected Colorado County Sheriffs, and the Independence Institute (where I work).
Below are excerpts from the brief explaining how magazine bans endanger the innocent, and do not impede mass shooters.
Law enforcement officers carry standard capacity magazines—up to about 20 rounds for handguns, and 30 rounds for rifles—for the same reason that law-abiding citizens often should: they are best for lawful defense of self and others. When defenders have less reserve ammunition, they fire fewer shots, thus increasing the danger that the criminals will injure the victim. . . .
By David Kopel