Judge Claims Banning Gun Parts Is “Constitutional”

(PresidentialHill.com)- On Wednesday, a federal judge in Rhode Island upheld the state’s recently passed ban on the ownership of large-capacity magazines that can hold more than ten rounds of ammunition.

The choice was made in response to a preliminary injunction request for the law created by a Chepachet gun store and several Rhode Island gun owners, who claim it violates their constitutional rights, including the Second Amendment right to keep and bear arms.

However, Big Bear Hunting and Fishing Supply, three Rhode Island residents named in the lawsuit—Mary Brimer, James Grundy, and Jonathan Hirons—as well as a Newport property owner who resides in Florida, Jeffrey Goyette, failed to convince the court that the law is unconstitutional and that they would suffer irreparable harm if it were to go into effect, according to U.S. District Court Chief Judge John J. McConnell Jr.

The judge added that it was in the general welfare to allow the law to be enforced.

In June, Democratic governor Dan McKee signed a bill banning high-capacity magazines into law. At the time, he noted that Rhode Island was one of the few states to pass or strengthen gun safety legislation in response to the mass shootings in Buffalo, New York, and Uvalde, Texas.

The governor claimed that the large-capacity magazines have “enabled numerous mass shootings” nationwide. The law, which took effect on December 18, makes it a crime to possess or own large-capacity magazines that contain more than ten rounds of ammunition.

Numerous other measures were also signed into law, such as banning the open carrying of any loaded rifle or shotgun in public and raising the age from 18 to 21 in Rhode Island to purchase firearms or ammunition, with some exceptions for police and other law enforcement officials.

The plaintiffs, however, filed a lawsuit shortly after the high-capacity magazine ban was implemented because they felt “forced to dispose of their privately owned, and legally acquired Standard Capacity Magazines by December 18, 2022, without receiving any compensation, or rights with or without conditions of continued ownership to keep their lawfully acquired property.”

Judge John J. McConnell Jr. upheld the Rhode Island law.

“A judge appointed by Obama rendered a poor decision and believed in legislating from the bench rather than upholding the US Constitution,” Burrillville Town Council chairman Donald Fox said.

“I would advise residents of RI not to turn in their magazines. The ban will eventually reach the US Supreme Court, where I think it will be declared unconstitutional and overturned,” Fox continued.