Virginia Attorney General Mark Herring has filed a brief (along with other State AGs) in the Court of Appeals for the Ninth Circuit in Duncan v. Bacerra (otherwise known as the California Magazine Ban lawsuit). In the brief, they assert that states have the ability to implement “common sense” gun controls for the “safety” of the people and urge the Ninth Circuit to take up an en-banc review of the 3judge panel’s decision.
There argument points out that other court cases have been in their favor (true), the law was passed by legislature AND electorate (true) (this means the people of CA really want it). They also argue the panel should have used intermediate instead of strict scrutiny (maybe, but no), and magazines with > 10rnds constitute a dangerous weapon (false), and this does not infringe on the second amendment (maybe, but no).
This is a pretty good summary…
And this is a link to the brief in full…
The AG position certainly has some merit in basically saying “state & local need to be able to govern themselves”, but the argument sort of falls apart (IMO) when trying to quantify a magazine ban as something that will somehow make a difference in violent crime.