78 Alb. L. Rev. 849 (2014-2015)
The History of Firearm Magazines and Magazine Prohibitions

handle is hein.journals/albany78 and id is 861 raw text is: 







   THE  HISTORY OF FIREARM MAGAZINES AND MAGAZINE
                          PROHIBITIONS

                          David  B. Kopel*

                          I. INTRODUCTION

  In recent years, the prohibition of firearms magazines  has become
an important  topic of law and policy debate. This article details the
history of magazines  and  of magazine  prohibition. The  article then
applies  the historical facts to the methodologies   of leading cases
that have  looked to history to analyze  the constitutionality of gun
control laws.
  Because   ten rounds  is an oft-proposed figure for magazine  bans,
Part  II of the article provides the story of such magazines from the
sixteenth century  onward.  Although   some  people think that multi-
shot guns  did not appear until Samuel  Colt invented the revolver in
the  1830s,  multi-shot  guns   predate  Colonel  Colt  by  over  two
centuries.'
  Especially  because  the  Supreme   Court's decision  in District of
Columbia   v. Heller2 considers whether   arms  are in common   use
and  are  typically possessed  by  law-abiding   citizens for lawful
purposes,3  the article also pays  attention to whether   and  when
particular guns  and their magazines  achieved  mass-market   success
in the  United  States.  The  first time a rifle with more  than  ten
rounds  of ammunition did so was in 1866,4 and the first time a



  * Adjunct Professor of Advanced Constitutional Law, Denver University, Sturm College of
Law. Research Director, Independence Institute, Denver, Colorado. Associate Policy Analyst,
Cato Institute, Washington, D.C. Professor Kopel is the author of fifteen books and over
ninety scholarly journal articles, including the first law school textbook on the Second
Amendment. See generally NICHOLAS J. JOHNSON, DAVID B. KOPEL, GEORGE A. MOCSARY &
MICHAEL P. O'SHEA, FIREARMS LAW AND THE SECOND AMENDMENT: REGULATION, RIGHTS, AND
POLICY (2012). Professor Kopel's website is http://www.davekopel.org. The author would like
to thank Joseph Greenlee and Noah Rauscher for research assistance.
  1 See Clayton E. Cramer & Joseph Edward Olson, Pistols, Crime, and Public Safety in
Early America, 44 WILLAMETTE L. REV. 699, 716 (2008).
  2 District of Columbia v. Heller, 554 U.S. 570 (2008).
  3 Id. at 624-25, 627.
  4 See infra notes 50-55 and accompanying text.


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