These anti-constitutionalist states are not relying on historical or legal arguments. They’re making an argument based on current events–that standard-capacity magazines are not used in self-defense:

Conversely, there are almost no instances of people firing (or even needing to fire) more than ten bullets in self-defense. Evidence from the National Rifle Association itself demonstrates that the “average number of shots fired in selfdefense” between 1997-2001 and 2011-2013 was 2.2 or less. Kolbe, 849 F.3d at 127. Courts often observe the paucity of evidence that LCMs are used or are well suited for this purpose. See, e.g., id. (noting that no party “could identify a single incident in which a Marylander . . . needed to fire more than ten rounds[] to protect herself”); Cuomo, 804 F.3d at 260 (an LCM prohibition does “not . . . substantially affect [individuals’] ability to defend themselves” (quoting Heller II, 670 F.3d at 1262)).

When the First Circuit recently examined Massachusetts’s LCM law, it noted that “when asked directly, not one of the plaintiffs or their six experts could . . . identify even a single example of a self-defense episode in which ten or more shots were fired.” Worman, 922 F.3d at 37. The court therefore concluded that, “[v]iewed as a whole, the record suggests that wielding [LCMs] for self-defense within the home is tantamount to using a sledgehammer to crack open the shell of a peanut.” Id. Indeed, the Amici States are not aware of any evidence that LCMs are commonly used for self-defense.

Note the weasel language “commonly used for self-defense.” Of course that is carefully crafted to avoid acknowledging that standard capacity magazines are used in self defense. It seems like the Vermont Supreme Court might want to be informed of examples.

A cursory search turns up this example of a semi-auto AK-47 clone being used to defend successfully against five home invaders: https://www.ammoland.com/2019/02/houston-gunfight-as-deadly-as-ok-corral-home-owner-uses-ak47-in-self-defense/

An AR-15 being used to resist an armed home invasion in Florida: https://www.ammoland.com/2019/07/veteran-uses-ar15-to-stop-home-invaders-two-killed-two-arrested/

The federal district judge in California’s Duncan v. Becerra magazine case found plenty of examples:

As two masked and armed men broke in, Susan Gonzalez was shot in the chest. She made it back to her bedroom and found her husband’s .22 caliber pistol. Wasting the first rounds on warning shots, she then emptied the single pistol at one attacker. Unfortunately, now out of ammunition, she was shot again by the other armed attacker.

She was not able to re-load or use a second gun. Both she and her husband were shot twice. Forty-two bullets in all were fired. The gunman fled from the house—but returned. He put his gun to Susan Gonzalez’s head and demanded the keys to the couple’s truck.

When three armed intruders carrying what look like semi-automatic pistols broke into the home of a single woman at 3:44 a.m., she dialed 911. No answer. Feng Zhu Chen, dressed in pajamas, held a phone in one hand and took up her pistol in the other and began shooting. She fired numerous shots. She had no place to carry an extra magazine and no way to reload because her left hand held the phone with which she was still trying to call 911. After the shooting was over and two of the armed suspects got away and one lay dead, she did get through to the police.

What’s the legal equivalent of #MediaJackals?