Gun shop, firearms owners challenge RI's new high-capacity magazine ban in court
PROVIDENCE — The state’s new ban on gun magazines holding more than 10 rounds of ammunition is only a few days old but the law already faces a legal challenge.
On Thursday, a Chepachet gun store and several Rhode Island gun owners filed a lawsuit in U.S. District Court, asserting that the new ban violates their constitutional rights and arguing that a federal judge should invalidate the law.
The plaintiffs are Big Bear Hunting and Fishing Supply, three Rhode Island residents — Mary Brimer, James Grundy and Jonathan Hirons — and, a Newport homeowner who lives in Florida, Jeffrey Goyette.
A magazine is a device that holds ammunition and feeds bullets into a gun. It basically governs how many bullets a gun can fire before a shooter must reload by replacing the empty magazine.
Some gun control advocates believe lower-capacity magazines can help reduce the carnage of mass shootings in certain circumstances.
A large number of the guns sold in Rhode Island have magazines that exceed 10 rounds.
Once the governor signed the law, on Tuesday, owners of high-capacity magazines in the state had 180 days to modify the banned components, surrender them to police or transfer them to people in states where such magazines are legal.
Anyone still in possession of an outlawed magazine after the grace period could face up to five years in prison or a fine of up to $5,000.
The complaint filed in federal court argues that banning magazines that were already bought, sold, used and possessed legally is "a physical appropriation of property" that's unconstitutional.
The new law amounts to a "direct governmental taking of private property without providing just compensation," it states.
The law, the plaintiff's complaint states, violates "multiple constitutional provisions," including the Second Amendment, which protects the right to keep and bear arms "typically possessed by law-abiding citizens for lawful purposes."
Gun Control in RI: McKee signs 3 gun-control bills into law, including high-capacity magazine ban
Through their lawyers, the plaintiffs also argue that the legal issue transcends matters of firearms possession.
"It would open the door to government’s ability to acquire private property ... under the guise of 'public safety' in times of public fear, media outrage and great political discourse,” the complaint states.
Will Worthy, owner of Big Bear Hunting and Fishing Supply, couldn't be reached for comment Friday afternoon.
Rhode Island Attorney General Peter F. Neronha's office has not yet been served with the lawsuit, according to spokeswoman Kate Sabatini.
"We are prepared to defend these laws and will do so whenever and wherever they are challenged," Sabitini said. "It is unlikely we will have further comment on what is now pending litigation."
Neronha fully supported all three pieces of legislation.
This article originally appeared on The Providence Journal: RI high-capacity firearms ban facing federal court challenge
