A hi-cap. magazine ban has been an issue for decades and it underscores the essential point of contention between the camps of the 'gun rights' & 'anti's'... Does it boil down to the fundamental point of the 2nd Amendment... a check, by 'the people', against tyranny?
Are we so evolved as a Society & Nation that this notion of a check against tyranny... is 'foolish' and a silly relic...? We do (currently) see dozens and dozens of Countries around the world where there is rampant oppression by dictatorships, quasi governments, political parties, royal families... over the freedoms and "inalienable rights" of their people... So are we 'above all that', now well into our 3rd century as a Nation?
House Democrats Push Ban on 'High Capacity' Magazines and 205 Different Firearms
Magazine capacity is perhaps the clearest tangible measure of where our Nation stands on this... After all, what use is an "assault rifle" if it can only be used with 'tiny' capacity mags... Is having an armed citizenry... 'armed commensurately' with that of the 'civilian' authority policing them, a bygone notion? Do our remaining 90's something elder's notions of the Wiemar Republic, no longer apply here...?
There is nothing in the text, history, or case law of the Second Amendment that authorizes citizens to ‘take up arms’ against a government lawfully elected, reflecting the will of the people, because a minority subjectively and incorrectly perceives government to have become ‘tyrannical.’
The Second Amendment doesn’t ‘trump’ the First.
The people have the First Amendment right to petition government for a redress of grievances through the political process (elections) or through the judicial process, seeking relief in the courts.
The First Amendment rights of the people cannot be abridged by an unlawful armed insurrection contrary to the Constitution, and in no manner supported by the Second Amendment.
Indeed, it is because we are a Constitutional Republic, whose citizens are subject solely to the rule of law, that we have remained free from oppression and tyranny – having nothing to do with the civilian possession of firearms.
The Second Amendment codifies an individual right to possess a firearm pursuant to lawful self-defense, not to deter crime or act in the capacity of law enforcement – and certainly not to ‘overthrow’ the government.
Last, with regard to magazine capacity regulations, those measures have been consistently upheld by the courts as Constitutional, in compliance with the Second Amendment.