Lawsuit filed against new state restriction on firearm magazines

PROVIDENCE – Within days of Gov. Daniel J. McKee signing three gun-control measures into law, a legal challenge was filed in federal court on Friday on behalf of a Glocester hunting and fishing supply company.

The suit filed by lead plaintiff Ocean State Tactical, LLC, doing business as Big Bear Hunting and Fishing Supply, in U.S. District Court contends that one of the new laws, governing firearm magazines, violates the 2nd Amendment, the Fifth Amendment, as well as the due process provision of the 14th Amendment.

The new state laws mandate that firearm magazines can hold no more than 10 rounds, bans the carrying of shotguns and rifles in public and require that Rhode Islander’s must be 21 to legally purchase a firearm. The bills gained momentum at the Statehouse after recent mass shootings in Buffalo, N.Y., and Uvalde, Texas.

The lawsuit says the new restriction on firearm magazines, “if left standing unchallenged, it would open the door to government’s ability to acquire private property and obviate a takings clause issue by legislating under the guise of ‘public safety’ in times of public fear, media outrage, and great political discourse.”

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Kelly, Souza & Parmenter PC is representing the plaintiffs. The Providence-based law firm could not be immediately reached for comment.