Gun-rights group to appeal federal judge’s ruling upholding RI’s 10-round magazine limit

PROVIDENCE — A group of gun-rights advocates has filed notice they will appeal a federal judge’s decision here upholding Rhode Island’s new ban on gun magazines holding more than 10 rounds of ammunition.

Michael A. Kelly, a lawyer representing the group, told The Journal on Friday that they hope to argue before the U.S. Court of Appeals for the First Circuit that a so-called high-capacity gun magazine is part of a firearm and therefore can’t be regulated as the law does.

Last month, U.S. District Chief Judge John J. McConnell Jr. refused to grant a request by a Chepachet gun store and several Rhode Island gun owners for a preliminary injunction blocking the law, which makes possession of gun magazines that hold more than 10 rounds a felony.

McConnell found that the plaintiffs, Big Bear Hunting and Fishing Supply, along with three Rhode Island residents — Mary Brimer, James Grundy and Jonathan Hirons — and a Newport homeowner who lives in Florida, Jeffrey Goyette, had not shown that they would suffer irreparable harm if the law were allowed to take effect, and furthermore, that allowing its enforcement was in the public’s interest.

The Second Amendment protects the right of people to “keep and bear arms,” McConnell acknowledged. But the plaintiffs, he said, had not demonstrated that the magazines represented “arms” as described in the Second Amendment. They hadn’t presented credible evidence establishing such a magazine as a weapon of self-defense.

He called the ban “a small but measured attempt to mitigate the potential loss of life by regulating an instrument associated with mass slaughter.”

The group of gun owners filed their notice of appeal Friday in U.S. District Court.

Kelly said he plans to hire as an appellate lawyer Paul Clement, the former U.S. solicitor general. Clement successfully argued for gun-rights advocates in a case prompting the U.S. Supreme Court last year to strike down a New York handgun-licensing law that required those who want to carry a handgun in public to show a special need to defend themselves.