{"id":89314,"date":"2023-01-14T14:44:26","date_gmt":"2023-01-14T20:44:26","guid":{"rendered":"https:\/\/milesfortis.com\/?p=89314"},"modified":"2023-01-14T14:44:26","modified_gmt":"2023-01-14T20:44:26","slug":"89314","status":"publish","type":"post","link":"https:\/\/milesfortis.com\/?p=89314","title":{"rendered":""},"content":{"rendered":"

Gun-rights group to appeal federal judge’s ruling upholding RI’s 10-round magazine limit<\/a><\/p>\n

PROVIDENCE \u2014 A group of gun-rights advocates has filed notice they will appeal a federal judge\u2019s decision here upholding Rhode Island\u2019s new ban on gun magazines holding more than 10 rounds of ammunition.<\/p>\n

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\u2019t be regulated as the law does.<\/p>\n

Last month,\u00a0U.S. District Chief Judge John J. McConnell Jr.\u00a0<\/a>refused to grant a request by\u00a0a Chepachet gun store and several Rhode Island gun owners<\/a> for a preliminary injunction blocking the law, which makes possession of gun magazines that hold more than 10 rounds a felony.<\/p>\n

McConnell found that the plaintiffs,\u00a0Big Bear Hunting and Fishing Supply<\/a>, along with three Rhode Island residents \u2014 Mary Brimer, James Grundy and Jonathan Hirons \u2014 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.<\/p>\n

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.<\/p>\n

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

The group of gun owners filed their notice of appeal Friday in U.S. District Court.<\/p>\n

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.\u00a0Supreme 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.<\/p>\n","protected":false},"excerpt":{"rendered":"

Gun-rights group to appeal federal judge’s ruling upholding RI’s 10-round magazine limit PROVIDENCE \u2014 A group of gun-rights advocates has filed notice they will appeal a federal judge\u2019s decision here upholding Rhode Island\u2019s new ban on gun magazines holding more than 10 rounds of ammunition. Michael A. Kelly, a lawyer representing the group, told The … Continue reading “”<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[23,8],"tags":[],"class_list":["post-89314","post","type-post","status-publish","format-standard","hentry","category-courts","category-rkba"],"_links":{"self":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/89314","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=89314"}],"version-history":[{"count":1,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/89314\/revisions"}],"predecessor-version":[{"id":89315,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/89314\/revisions\/89315"}],"wp:attachment":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=89314"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=89314"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=89314"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}