Attorney General Bonta: Assault Weapons and High Capacity Magazine Bans Prevent Mass Shootings, Are Consistent with Second Amendment

Joins amicus brief in support of Delaware’s assault weapon and high capacity magazine ban

OAKLAND — California Attorney General Rob Bonta today, as part of a coalition of 18 attorneys general, filed a brief in the U.S. Court of Appeals for the Third Circuit in support of a district court decision denying an attempt to block Delaware’s law restricting assault weapons and large capacity magazines (LCMs). Delaware’s law bans the possession, sale, or transfer of certain assault weapons and LCMs holding more than 17 rounds of ammunition. California law also imposes  restrictions on large capacity magazines and assault weapons.

“We do not need weapons of war on our streets, and the use of such weapons are not protected by the Second Amendment,” said Attorney General Rob Bonta. “Assault weapons and large capacity magazines have been used in many horrific mass shootings around the country, including right here in California. I applaud the district court for declining to block Delaware’s commonsense gun law prohibiting assault weapons and large capacity magazines, and urge the Third Circuit to reject the effort to invalidate Delaware’s live-saving prohibitions.”

In California, it has been illegal to manufacture, import, keep or offer for sale, give, or lend LCMs with more than 10 rounds of ammunition since 2000. It has been illegal to purchase and receive LCMs since 2013. Proposition 63, which was passed by Californians in 2016, added a ban on the possession of LCMs. Since 1989, California law has restricted certain makes and models of assault weapons and, since 2000, has banned assault weapons with certain specific, combat-oriented characteristics, such as a pistol grip, folding or telescoping stock, or a flash suppressor. 

Firearms equipped with LCMs are estimated to account for up to 36% of crime guns nationwide. In mass shootings where four or more were people killed from 2015 to 2022, 60 percent involved firearms with LCMs and assault weapons accounted for a third of all mass shooting deaths and more than 80 percent of all injuries. LCMs and assault weapons have been used in numerous horrific mass shootings throughout the country, including in California with the tragic shooting at the Borderline Bar and Grill in Thousand Oaks in 2018, the shooting at the Inland Regional Center in San Bernardino in 2015, and the mass shooting in Monterey Park in 2022. While a 2019 study by Columbia University found that, “deaths in high-fatality mass shootings, relative to the population, were more than three times higher in states that did not restrict LCMs,” states such as California remain impacted by the lack of a broader federal ban on LCMs and assault weapons.

The challenge to the law was filed by the Delaware State Sportsman’s Association, which also sought to preliminarily block the law while the district court considers its constitutionality. The district court denied the motion for a preliminary injunction. In the brief filed in the Third Circuit, which can be found here, Attorney General Bonta and the coalition argue that district court decision must be upheld because:

• The Sportsman’s Association failed to show that their proposal to possess and use assault weapons or LCMs are protected by the Second Amendment.
• Assault weapons and LCMs are not used for self-defense purposes and pose a unique danger to the public.
• Delaware’s law is consistent with the historical restrictions employed by states and the federal government to protect the safety and well-being of residents, through a range of restrictions, including prohibitions, on dangerous weapons and accessories not used for self-defense.
• Delaware is not alone in restricting assault weapons and LCMs. Currently, 10 states and the District of Columbia restrict assault weapons, and 14 states and the District of Columbia, limit magazine capacity.

Attorney General Bonta stands with partners throughout the state to continue tackling the issue of gun violence strategically and aggressively by:

• Educating the public on gun violence prevention through the Office of Gun Violence Prevention, including through the first-ever data report issued by the office to provide a robust review of gun violence data in California and throughout the U.S. and to help guide policy and strategy discussions related to reducing gun violence.

• Advocating for commonsense gun laws including by sponsoring Assembly Bill 1594 to increase accountability for the firearm industry, working to strengthen federal laws to protect the public from ghost guns, and successfully defending California’s laws to prevent gun violence.
• Seizing guns from prohibited persons in the Armed and Prohibited Persons System, and through multiagency sweeps in the Bay Area and Los Angeles County, conducting operations targeting individuals attempting to illegally purchase guns, and collaborating with local law enforcement partners.
• Ending the sale of illegal firearms through litigation against ghost gun retailers, and by putting a stop to the sale of illegal assault weapons in Orange County.