High-capacity magazine ban

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A magazine for a SIG Sauer P365 XL, modified by the manufacturer to limit capacity to 10 rounds, rather than its full 12 rounds. Capacity is limited by the crimp seen slightly below the 10-round witness hole, for compliance with the high-capacity magazine ban in Massachusetts. SIG Sauer P365 limited capacity magazine.jpg
A magazine for a SIG Sauer P365 XL, modified by the manufacturer to limit capacity to 10 rounds, rather than its full 12 rounds. Capacity is limited by the crimp seen slightly below the 10-round witness hole, for compliance with the high-capacity magazine ban in Massachusetts.

A high-capacity magazine ban is a law which bans or otherwise restricts detachable firearm magazines that can hold more than a certain number of rounds of ammunition. For example, in the United States, the now-expired Federal Assault Weapons Ban of 1994 included limits regarding magazines that could hold more than ten rounds. As of 2024, fourteen U.S. states, and a number of local governments, ban or regulate magazines that they have legally defined as high-capacity. The majority of states do not ban or regulate any magazines on the basis of capacity. States that do have large capacity magazine bans or restrictions typically do not apply to firearms with fixed magazines whose capacity would otherwise exceed the large capacity threshold.

Contents

High-capacity magazines

M4 with attached 100-round Beta C-Mag Beta C-Mag on M4.jpg
M4 with attached 100-round Beta C-Mag

A high-capacity magazine (or large-capacity magazine) is a magazine capable of holding a higher than normal number of ammunition rounds for a particular firearm (i.e. more than in a standard magazine for that firearm).

A magazine may also be defined as high-capacity in a legal sense, based on the number of rounds that are allowed by law in a particular jurisdiction. [1] For example, in the United States, the now-expired Federal Assault Weapons Ban of 1994 restricted magazines that could hold more than ten cartridges.

Types, characteristics, and manufacturers

Drum magazines are high-capacity magazines that are in a cylindrical shape; they once had a reputation for unreliability, but technological improvements resulted in better performance and cheaper cost. [2] As a result, drum magazines became more common in the civilian market in the United States, although they are far less common than standard, lower-capacity, typically 30 round, box magazines. [2] As of 2019, about six manufacturers produced drum magazine in the United States, retailing for about $100 each. [2] Manufacturers include KCI USA and Magpul Industries; the latter produces the same drum magazines for both civilian and military use. [2] Magazines larger than standard capacity have been reported to malfunction more often. [3]

Australia

In Australia, handgun, semi-automatic rimfire, pump-action and lever-action rifle magazines (excluding tubular magazines like those found in gallery guns or Winchester rifles for manually repeating rifles) holding more than ten rounds, shotgun magazines holding more than five rounds, and bolt-action and straight-pull rifle magazines holding more than 15 rounds are heavily restricted (Category D). [4]

Canada

In Canada, magazines designed for use in semi-automatic centrefire rifles and semi-automatic shotguns are limited to 5 rounds, and magazines designed for use in handguns are limited to 10 rounds. Magazines designed for use in semi-automatic rimfire rifles, as well as manually operated long guns, are exempt from the magazine capacity restrictions. [5]

Russia

In Russia, all magazines for use with any type of firearm except sport handguns and award weapon are limited to no more than 10 rounds. [6]

United Kingdom

There are no capacity restrictions on detachable magazines in the United Kingdom. However, since January 1989, any shotgun with a detachable magazine, or a non-detachable magazine capable of holding more than two cartridges is classed as a Section 1 firearm and must be held on a firearm certificate, which is subject to more stringent requirements than "normal" section 2 shotguns held on a shotgun certificate. [7] Section 2 shotguns include break-barrel guns with no magazine, as well as repeating and semi-automatic guns with fixed two-round magazines. When the 1988 Act was introduced, many guns with larger (often tubular magazines) were brought into compliance by crimping the magazine. [8]

United States

A 15-round Glock 19 magazine, legally defined as a high-capacity magazine in some areas Double row box magazine.svg
A 15-round Glock 19 magazine, legally defined as a high-capacity magazine in some areas

Federal law

Between 1994 and 2004, the Federal Assault Weapons Ban, which included a ban on high-capacity magazines, was in effect. It prohibited new magazines over 10 rounds in the United States. [2] After the expiration of the ban, there is no nationwide prohibition against the possession of high-capacity magazines, which are considered an unregulated firearm accessory. [2]

Legislation to restore a federal high-capacity magazine ban has been repeatedly introduced by Democrats in the United States Congress since the expiration of the Federal Assault Weapons Ban, especially in the wake of mass shootings in the United States in which high-capacity magazines were used, including the Tucson shooting (2011), the Aurora, Colorado movie theater shooting (2012), and the Harvest music festival shooting (2017). [9] [10] These efforts have been thus far unsuccessful. The federal Keep Americans Safe Act, which would restore the ban on new magazines that hold more than 10 rounds, passed the House Judiciary Committee in September 2019. [11] [12]

State laws

A number of U.S. states as well as Washington, D.C. have high-capacity magazine restrictions or bans. [13]

The types of acts prohibited vary among the jurisdictions; most prohibit manufacturer, sale, or possession, but some states' laws are narrower (Maryland law does not ban possession of high-capacity magazines) while other states' laws are broader (some states also ban the transfer, transportation, or acquisition of high-capacity magazines). [16] Some states' laws include "grandfather" pre-ban high-capacity magazines, exempting these from their law, while other states' laws do not. [16]

Municipal and county laws

U.S. cities and counties with high-capacity magazine restrictions or bans include:

The constitutionality of high-capacity magazine bans has been repeatedly upheld by United States courts of appeal courts, including the courts of appeals for the First Circuit, [19] Second Circuit, [20] Third Circuit, [21] Fourth Circuit, [22] Seventh Circuit, [23] [24] [25] Ninth Circuit, [26] and D.C. Circuit. [27] The Supreme Court of the United States has issued grant, vacate, and remand orders for the active cases in the Third, Fourth, and Ninth Circuits to be reconsidered in light of New York State Rifle & Pistol Association, Inc. v. Bruen . [28]

Impact

On gun homicide rates and lethality

A 2004 study examining the effects of the Federal Assault Weapons Ban in effect from 1994 to 2004 which included a prohibition on sales of magazines with over ten rounds. The study found that the ban was effective at reducing crimes committed with assault weapons, though less than 2% of gun murders in the U.S. are committed with assault weapons. [29] The ban was not associated with a reduction in firearm homicides or the lethality of gun crimes in general. The authors suggest this may be due to the concurrent rise in use of non-banned semiautomatic weapons with large capacity magazines. The authors note that high-capacity magazines have a greater potential for affecting gun crime as compared to assault weapons due to the fact that high-capacity magazines are used in firearms not classified as assault weapons. The authors further note, "However, it is not clear how often the ability to fire more than 10 shots without reloading (the current magazine capacity limit) affects the outcomes of gun attacks." 95% of gun murders involve three or fewer shots fired. [30] Overall the authors reported that "there has been no discernible reduction in the lethality and injuriousness of gun violence, based on indicators like the percentage of gun crimes resulting in death or the share of gunfire incidents resulting in injury, as we might have expected had the ban reduced crimes with both AWs and LCMs." [31]

A 2019 study found no statistically significant association between state-level LCM bans and homicide rates. [32]

A 2020 RAND Corporation review indicated that there were few methodologically rigorous studies on the impact of LCM bans on violent crime rates, and concluded that "High-capacity magazine bans have uncertain effects on firearm homicides. Evidence for the effect of high-capacity magazine bans on firearm homicides is also inconclusive." [33]

On mass shooting rates and lethality

A 2019 study examined the effect of large-capacity magazine (LCM) bans on the frequency and lethality of "high-lethality mass shootings" (defined as those resulting in six or more fatalities) in the United States from 1990 to 2017. Of the 69 high-fatality mass shootings in the U.S. over that period, at least 44 (64%) involved LCMs. [34] Attacks involving LCMs "resulted in a 62% higher mean average death toll" than mass shootings in which high-capacity magazines were not used. States which had banned high-capacity magazines had a substantially lower incidence of mass shootings, as well as far fewer fatalities in mass shootings: "The incidence of high-fatality mass shootings in non–LCM ban states was more than double the rate in LCM ban states; the annual number of deaths was more than 3 times higher." [34] The study acknowledged that because 69 incidents over a 28-year period was, for statistical purposes, "a relatively small number and limits the power to detect significant associations," it was possible that the magnitude of the effects detected was overestimated. [34] The study authors "did not have the statistical power (and thus did not even try) to determine whether different aspects of the various LCM laws might have differential effects on the incidence of high-fatality mass shootings." [34]

A 2020 study, examining fatal mass shootings in the U.S. for the period 1984–2017, found that, when controlling for other variables, LCM bans, and handgun purchaser licensing laws, were associated with a significant reduction in fatal mass shootings, while assault weapon bans, background checks, and de-regulation of civilian concealed carry were not. [35]

See also

References

  1. ↑ Rose, Veronica (January 24, 2013). "Laws on High Capacity Magazines". cga.ct.gov. Connecticut General Assembly. Retrieved April 9, 2014.
  2. 1 2 3 4 5 6 Ben Kesling & Zusha Elinson, Mass Shootings Draw Attention to 'Drum Magazines', Wall Street Journal (August 16, 2019).
  3. ↑ Candiotti, Susan (July 22, 2012). "Source: Colorado shooter's rifle jammed during rampage". CNN. Retrieved November 21, 2023.
  4. ↑ "Prohibited Goods - Firearms" . Retrieved September 13, 2019.
  5. ↑ "Maximum Permitted Magazine Capacity". Canadian Firearms Program. Royal Canadian Mounted Police.
  6. ↑ Anguilano, Nicolas (June 4, 2018). "Gun culture in Russia: How does it compare to the U.S.?". Russia Beyond. Retrieved October 3, 2025.
  7. ↑ https://www.legislation.gov.uk/ukpga/1988/45/section/2
  8. ↑ "Adapting shotgun magazines and deactivating firearms". GOV.UK. April 6, 2016. Retrieved October 3, 2025.
  9. ↑ Jennifer Steinhauer, Pro-Gun Lawmakers Are Open to Limits on Size of Magazines, New York Times (February 18, 2013).
  10. ↑ Elizabeth Landers, Democrats propose high-capacity gun magazine ban, CNN (February 12, 2019).
  11. ↑ H.R.1186 - Keep Americans Safe Act, 116th Congress (2019-2020), Congress.gov.
  12. ↑ Clare Foran, House Judiciary Committee votes to approve red flag bill and high capacity magazine ban, CNN (September 11, 2019).
  13. ↑ "Large Capacity Ammunition Magazines Policy Summary". smartgunlaws.org. Law Center to Prevent Gun Violence. May 31, 2013. Retrieved March 14, 2014.
  14. ↑ Pearson, Rick; Gorner, Jeremy (January 10, 2023). "Gov. J.B. Pritzker Signs Comprehensive Gun Bill Banning Sale of Military-Style Firearms". Chicago Tribune. Archived from the original on January 13, 2023. Retrieved January 15, 2023.
  15. ↑ "Senate Bill 5078" (PDF). March 23, 2022.
  16. 1 2 Large Capacity Magazines, Giffords Law Center to Prevent Gun Violence.
  17. ↑ "Municode Library". www.municode.com. Retrieved March 19, 2018.
  18. ↑ "Assault Weapons". Giffords Law Center to Prevent Gun Violence. Retrieved March 19, 2018.
  19. ↑ Worman v. Healey, 922 F.3d 26 (1st Cir. 2019); see also Worman v. Healey: Petition for certiorari denied on June 15, 2020, SCOTUSblog.
  20. ↑ N.Y. State Rifle & Pistol Ass'n v. Cuomo, 804 F.3d 242 (2d Cir. 2015); see also Timothy Bowman, Case Note: New York State Rifle & Pistol Ass'n v. Cuomo, 804 F.3d 242 (2d Cir. 2015), cert. denied sub nom. Shaw v. Malloy, 2016 WL 632684 (June 20, 2016), The Urban Lawyer, Vol. 48, No. 2 (Spring 2016), pp. 391-393.
  21. ↑ Ass'n of N.J. Rifle & Pistol Clubs, Inc. v. Att’y Gen. of N.J., 910 F.3d 106 (3d Cir. 2018); see also Federal court upholds New Jersey gun-control law limiting high-capacity magazines, Associated Press (December 5, 2018.
  22. ↑ Kolbe v. Hogan, 849 F.3d 114 (4th Cir. 2017) (en banc); see also Lyle Denniston, Supreme Court Justices allow ban on high-capacity guns, National Constitution Center (November 27, 2017).
  23. ↑ Friedman v. City of Highland Park, 784 F.3d 406 (7th Cir. 2015); Supreme Court Won't Hear Challenge to Assault Weapons Ban in Chicago Suburb, New York Times (December 8, 2015).
  24. ↑ Asher Stockler, Federal Appeals Court Upholds Ban on Assault Weapons, Large-Capacity Magazines, Newsweek (August 29, 2019).
  25. ↑ Bobby Allyn, U.S. Appeals Court In Chicago Again Upholds Laws Banning Assault Weapons, NPR (August 29, 2019).
  26. ↑ Duncan v. Bonta, 19 F.4th 1087 (9th Cir. 2021) (en banc). Kristina Davis, 9th Circuit upholds large-capacity gun magazine ban, reversing earlier decisions, San Diego Union-Tribune (November 30, 2021).
  27. ↑ District of Columbia v. Heller, 670 F.3d 1244 (D.C. Cir. 2011) (Heller II); see also Post-Heller Second Amendment Jurisprudence, Congressional Research Service (updated March 25, 2019).
  28. ↑ "Justices Send Assault Weapon, Magazine Bans Back to Lower Courts".
  29. ↑ "FBI Expanded Homicide Data Table 8". 2019.{{cite journal}}: Cite journal requires |journal= (help)
  30. ↑ Braga, Anthony A.; Cook, Philip J. (July 27, 2018). "The Association of Firearm Caliber With Likelihood of Death From Gunshot Injury in Criminal Assaults". JAMA Network Open. 1 (3): e180833. doi:10.1001/jamanetworkopen.2018.0833. PMC   6324289 . PMID   30646040.
  31. ↑ Koper, Christopher S.; Woods, Daniel J.; Roth, Jeffrey A. (July 2004). "Updated Assessment of the Federal Assault Weapons Ban: Impacts on Gun Markets and Gun Violence, 1994-2003; Report to the National Institute of Justice, United States Department of Justice" (PDF).{{cite journal}}: Cite journal requires |journal= (help)
  32. ↑ Michael Siegel & Claire Boine, Policy Brief: What Are the Most Effective Policies in Reducing Gun Homicides, Rockefeller Institute of Government/Regional Gun Violence Research Consortium (March 29, 2019), p. 9.
  33. ↑ "Effects of Assault Weapon and High-Capacity Magazine Bans on Violent Crime". RAND. April 22, 2020.
  34. 1 2 3 4 Klarevas, Louis; Conner, Andrew; Hemenway, David (December 2019). "The Effect of Large-Capacity Magazine Bans on High-Fatality Mass Shootings, 1990–2017". American Journal of Public Health. 109 (12): 1754–1761. doi:10.2105/AJPH.2019.305311. PMC   6836798 . PMID   31622147.
  35. ↑ Webster, Daniel W.; McCourt, Alexander D.; Crifasi, Cassandra K.; Booty, Marisa D.; Stuart, Elizabeth A. (February 2020). "Evidence concerning the regulation of firearms design, sale, and carrying on fatal mass shootings in the United States". Criminology & Public Policy. 19 (1): 171–212. doi: 10.1111/1745-9133.12487 .

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