Second Amendment

David Kopel | 12.20.2023 7:10 PM

Proponents of bans on standard firearms magazines claim that the bans do not affect lawful self-defense, and do impair mass shooters. Supposedly, victims will be able to escape or fight back during the "critical pause" when a mass shooter is swapping magazines. The claims are not plausible, as explained in an amicus brief I filed on Nov. 30 in the U.S. District Court in Colorado. The case is Gates v. Polis, which challenges the Colorado legislature's 2013 ban on magazines over 15 rounds.

The brief was on behalf of Sheriffs and law enforcement training organizations: the International Law Enforcement Educators and Trainers Association, the Colorado Law Enforcement Firearms Instructors Association, the Western States Sheriffs Association, 10 elected Colorado County Sheriffs, and the Independence Institute (where I work).

Below are excerpts from the brief explaining how magazine bans endanger the innocent, and do not impede mass shooters.

Law enforcement officers carry standard capacity magazines—up to about 20 rounds for handguns, and 30 rounds for rifles—for the same reason that law-abiding citizens often should: they are best for lawful defense of self and others. When defenders have less reserve ammunition, they fire fewer shots, thus increasing the danger that the criminals will injure the victim. . . .

The most common type of handgun chosen by sheriffs and their deputies is the full size 9mm pistol. Although larger calibers (such as .45) are available, many deputies and citizens prefer 9mm because its recoil is easier to control, and because its ergonomics make it a good fit, including for many females. The 9mm pistols still have good "stopping power," which is the purpose of defensive shooting.

While compact or subcompact 9mm handguns have small magazines, the standard magazines for a full-size 9mm are commonly 16 or more, as in the 17-round Glock 17; the same is true for full-size 9mm pistols from Springfield, Ruger, Smith & Wesson, and similar companies.

Most law enforcement patrol cars carry a rifle, a shotgun, or both. The rifle is usually a semi-automatic with magazines of 20 or 30 rounds. A typical officer's arms are powerful enough for defense against violent criminals, and appropriate for use in civil society, because ordinary officers' arms are not military arms.

In a typical Sheriff's Office, only a small number of deputies possess genuinely military arms, such as machine guns or stun grenades. These arms are deployed only for unusual situations, such as hostage scenarios or high-risk warrant service. These are certainly not the arms that a citizen would see a deputy carrying during standard foot, bicycle, or automobile patrol. Neither sheriffs nor the public would tolerate the use of military equipment for routine law enforcement. . . .

Almost always, law enforcement officers are second responders. Because officers cannot be everywhere, and because criminals choose the time and place for their surprise attacks, crime victims are their own first responders. If a victim has the opportunity to call 911, the call is in effect a request to send armed men and women who will bring the arms sufficient to defeat the attacking criminals. While waiting for minutes for armed rescuers to arrive, the victims should have sufficient arms to repel the attackers.

Just as any gun is better than no gun, a small magazine is better than nothing. But in general, the best magazines for defeating violent attackers are the magazines chosen by prudent professionals with extensive collective experience in lawful defense. . . .

Neither citizens nor law enforcement officers frequently fire more than 15 shots in self-defense. Indeed, the vast majority of Colorado law enforcement officers never fire one defensive shot in their careers. This does not mean that........

© Reason.com