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Ocean State Tactical v. Rhode Island

06.28.23

Defending Rhode Island’s large-capacity magazines restriction.

Court: First Circuit

Issue at Stake: Large-capacity magazines

Summary: Ocean State Tactical v. Rhode Island is a Second Amendment challenge to Rhode Island’s restriction on large-capacity magazines.

Everytown filed an amicus brief in the First Circuit arguing that Rhode Island’s restriction is constitutional under the approach to Second Amendment cases set out in New York State Rifle & Pistol Ass’n v. Bruen. First, the brief explains that the plaintiffs have not met their burden to establish that the Second Amendment’s plain text covers large-capacity magazines. Second, it explains that the court should center its historical analysis on 1868 as opposed to 1791, and should also consider earlier and later laws. Third, the brief explains that even a small number of laws can be sufficient to establish a tradition of firearm regulation under Bruen

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