Montana Attorney General Leads coalition Urging Supreme Court to Protect Second Amendment Rights
HELENA, MT – Montana Attorney General Austin Knudsen is leading a 27-state coalition in appealing to the Supreme Court of the United States (SCOTUS) to overturn a Washington State law banning firearm magazines that hold more than ten rounds of ammunition. The coalition argues the ban infringes upon the Second Amendment rights of law-abiding citizens to keep adn bear arms for self-defense.the amicus brief was filed in Gator’s custom Guns, Inc. v. State of Washington. The Washington Supreme Court upheld the state’s 2022 ban in May, despite a previous ruling by a Cowlitz County Superior Court judge that found the law violated the Second Amendment.
“The Supreme Court needs to step in to uphold Americans’ right to keep and bear arms,” said Attorney General Knudsen. “Lower courts, including the Washington Supreme Court, are attempting to attack and rewrite the Second Amendment. Washington’s failure to properly interpret the Second Amendment and ban plus-ten magazines ignores both history and constitutional precedent. Law-abiding citizens should not be treated like criminals for exercising their right to keep and bear arms for self-defense. As attorney general, I will continue to do everything in my power to ensure Americans and Montanans can protect themselves.”
The brief emphasizes that magazines holding more than ten rounds are commonly used for legitimate purposes, including self-defense, hunting, and sport shooting. It argues the Washington ban fails to meet the standards established in the landmark SCOTUS cases District of Columbia v. Heller and New York State Rifle & Pistol Association, Inc. v.Bruen, which require modern firearm regulations to align with the Second Amendment’s text and ancient understanding.
According to the brief, the Bruen decision affirmed the right to bear arms “that are unquestionably in common use today.” Citing data, the coalition notes that approximately 542 million Americans own plus-ten magazines, demonstrating a long-standing tradition of lawful ownership.
Attorney General Knudsen further contends that the Washington restrictions place an undue burden on millions of law-abiding citizens and that the constitutional definition of “arms” encompasses necessary components like magazines,regardless of the firearm they are used with.
Joining Montana in filing the brief are the Attorneys General from Idaho, Alabama, Alaska, Arkansas, Florida, Georgia, Iowa, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, West Virginia, Wyoming, and the Arizona Legislature.
The full amicus brief can be found here.