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Regular capacity magazines

Volokh seems to think that regulating magazine capacity may pass constitutional muster. As a practical matter, such a ban is pointless.

6 Responses to “Regular capacity magazines”

  1. Magus Says:

    I like the Volokh Conspiracy. I think Eugene Volokh is very libertarian for a lawyer. Now, his being a lawyer he could reference the specific article in the Constitution for the United States of America that authorizes the Congress to limit magazine capacity. Merely citing where the volume and amplification of sound has been regulated doesn’t necessarily translate to firearms. Also, just because something has been done doesn’t automatically bootstrap it into being Constitutional.

    Saying that because Congress has done X therefore Y is good to go isn’t a good legal argument.

  2. Justin Buist Says:

    When it comes to magazine bans I’ve just taken to pointing out that they’re slightly less complicated than a PEZ dispenser. If the black market can supply people with marijuana, cocaine, and LSD… well, they’ll probably figure out how to make a box with a spring in it.

  3. aeronathan Says:

    IMO the in common use language trumps any ban on standard capacity mags. They’re provably not dangerous and not unusual…

  4. Bubblehead Les Says:

    Funny. For my Keltec P-11, the difference between the 10 round magazine and the 12 round magazine is the Follower. A couple of minutes with a Coping Saw and a File on the base of the Follower, and VOILA!, I now have a 12 round magazine.


  5. Ron W Says:

    “shall not be infringed” excludes everything guns, including magazines. The subordinate, prefatory clause of the 2nd Amendment sentence mentions the “militia of a free state” which references Article I, Section 8.15-16 of the Constitution. There the United States (federal gov’t) is restricted to it’s delegated power ot only “govern such part of the militia which called into its service and EMPLOYED”. So it can only place a hi-cap mag ban on those who are employed, not the people who are its EMPLOYERS.

  6. A Critic Says:

    Also ain’t there a big difference between regulating sound systems on the street versus prohibiting them altogether?