Explore The NRA Universe Of Websites

APPEARS IN News

“Unquestionably in Common Use Today” – Study Confirms National Standard for Detachable Magazine Capacity is Over Ten Rounds

Monday, April 22, 2024

“Unquestionably in Common Use Today” – Study Confirms National Standard for Detachable Magazine Capacity is Over Ten Rounds

Along with “assault weapon” bans, so-called “high capacity” magazine restrictions are a cornerstone of modern gun control. These terms rely on distorted and alarmist labels to describe standard features or equipment, and seek to portray these as unusual or unusually dangerous. “Large capacity magazines” or “high-capacity ammunition feeding devices” are not precise definitions, but usually rest on an arbitrary limit of able to hold more than ten cartridges.

Judge Roger T. Benitez, in a pre-Bruen case involving a challenge to California’s law banning “large capacity magazines” (LCMs), explained that such bans are inconsistent with the Second Amendment. “The United States Supreme Court in District of Columbia v. Heller established a simple Second Amendment test: The right to keep and bear arms is a right enjoyed by law-abiding citizens to have arms that are not unusual ‘in common use’ ‘for lawful purposes like self-defense.’…  It is a hardware test. Is the firearm hardware commonly owned? Is the hardware commonly owned by law-abiding citizens? Is the hardware owned by those citizens for lawful purposes? If the answers are ‘yes,’ the test is over. The hardware is protected.”

The same message was repeated in the later NYSRPA v. Bruen decision, where the U.S. Supreme Court quoted Heller that “the Second Amendment protects the possession and use of weapons that are ‘in common use,’” and that what matters under the historical tradition of firearm regulation is whether the arms are “unquestionably in common use today.”

Nonetheless, gun control advocates like Everytown continue to press for bans on standard, ordinary magazines that hold more than ten rounds alleging, among other things, that these are not “arms” that the Second Amendment protects because they are not in common use and not typically possessed by law-abiding citizens for lawful purposes like self-defense.

Anti-gun advocates may have run out of evidentiary road on the claim that magazines able to hold more than ten rounds are not constitutionally protected. The National Shooting Sports Foundation (NSSF) has released a comprehensive Detachable Magazine Report, 1990-2021 that unequivocally debunks their claims. This study analyzes manufacturer and sales data on magazines and magazine capacity over an extended period of time starting in 1991 (“[n]o reliable data exists prior to 1990 to estimate historic detachable magazines that may still be available for sale or in working condition”). 

The NSSF study concludes that the “national standard for magazine capacity for America’s gun owners is greater than 10 rounds.” Among the other significant findings are:

  • Overall, almost a billion (963 million) magazines “were produced and entered the commercial market between 1990 and 2021.” The study “does not claim all the magazines estimated in [it] are owned by Americans; these are both magazines estimated to be in circulation and made available for sale at some point from 1990 to 2021;”
  • The overwhelming majority of these – approximately 74 percent, or 717 million magazines – have a capacity of eleven or more rounds, and almost half (about 46 percent) “are rifle magazines with 30+ round capacity.” More than half (about 55 percent) of total pistol magazines are detachable 11+ magazines. If the 717 million total was applied exclusively to Americans, it works out to over two “LCMs” per person based on the U.S. population in 2022, 333.3 million;
  • Comparing magazines that ship or “come in the box” with the firearm, and “aftermarket” sales (e.g., magazines distributed to the consumer market for firearms that have already been sold), the report found that 29 percent of the magazines in the study originated from detachable magazines provided “in the box” with a newly manufactured firearm, while 71 percent were an “aftermarket” product;
  • The estimated number of pistol and rifle magazines in circulation with a capacity of 10 rounds or less is just 245,872,000;
  • “The consumer market totals of rifle magazines show 30+ capacity magazines, over 413 million, are over thirty times the amount available than 10 and below capacity rifle magazines, about 13 million”; and
  • Over 40 percent (43.3 percent) of firearm owners overall reported owning a detachable magazine with a capacity of 11 or more rounds. More generally, these “findings indicate that approximately 8.9 percent of the U.S. population owns a magazine holding 11 or more rounds.”

As the study notes, “legislation outlawing or granting access to these magazines may change overall market proportions but the preference to have more ammunition available is clear.”

Based on these figures, an American gun owner is much more likely to own a magazine capable of holding eleven or more rounds than one that holds ten or less. Not only are such magazines ubiquitous and unquestionably in “common use” by tens of millions of Americans, continuing to describe such devices as “high capacity” or “large capacity” suggests, quite wrongly, that they are other than ordinary or somehow stretch capacity beyond what is intended by manufacturers. Moreover, far from being highly unusual or unusually dangerous, the overwhelming majority of such magazines are owned by citizens who use them for lawful pursuits like hunting, recreational shooting, and self-defense.

In short, in a country where close to ten percent of the population owns a magazine holding eleven or more rounds (and where such magazines potentially outnumber magazines of ten rounds or less by almost three to one), the notion that these magazines are not commonly in use and not typically possessed by ordinary citizens is ludicrous. To borrow the language of a federal appeals court from almost 15 years ago, “[t]here may well be some capacity above which magazines are not in common use but, … in any event, that capacity surely is not ten.”

TRENDING NOW
San Francisco Law Professor Purports to Channel Scalia on AR-15s; Ignores Scalia

News  

Monday, October 26, 2026

San Francisco Law Professor Purports to Channel Scalia on AR-15s; Ignores Scalia

Some arguments succeed by being true. Some attempt to succeed by confusing the debate and substituting misdirection for clarity. And some attempt to succeed merely by dogged persistence, refusing to die or go away, no ...

Fifth Circuit Rules Federal Switchblade Knife Restrictions Violate the Second Amendment

Friday, October 23, 2026

Fifth Circuit Rules Federal Switchblade Knife Restrictions Violate the Second Amendment

The U.S. Court of Appeals for the Fifth Circuit has ruled that the federal Switchblade Act’s restrictions on the interstate commerce of switchblade knives violate the Second Amendment.

New York:  Gov. Hochul Signs More Gun Control This Week

Thursday, October 22, 2026

New York: Gov. Hochul Signs More Gun Control This Week

Gov. Kathy Hochul remains the scariest thing in Albany for law-abiding gun owners.  On Wednesday, October 21 the anti-gun governor of the Empire State signed a pair of gun bills into law.  We've knocked on ...

Different Election, Same Billionaire, Same Gun Control Agenda

News  

Monday, October 26, 2026

Different Election, Same Billionaire, Same Gun Control Agenda

Another election, same former New York City mayor Michael Bloomberg working to shape the nation’s gun laws. For years, NRA has exposed Bloomberg’s relentless efforts to export New York style gun restrictions to the rest ...

Location, Location, Location: Study Finds Crime Concentration Correlates with Politics

News  

Monday, October 26, 2026

Location, Location, Location: Study Finds Crime Concentration Correlates with Politics

It’s well established that certain offenders remain disproportionately responsible for violent crime. A 2001 report on such “chronic offenders” in Minnesota concluded that over a four-year period, just five percent of offenders were responsible for ...

NRA Files Amicus Brief Urging Ninth Circuit to Rehear Challenge to California’s Gun Store Surveillance Law En Banc

Friday, October 23, 2026

NRA Files Amicus Brief Urging Ninth Circuit to Rehear Challenge to California’s Gun Store Surveillance Law En Banc

The National Rifle Association of America, along with the America First Policy Institute and Knox Williams, founder of the American Suppressor Association, filed an amicus brief urging the U.S. Court of Appeals for the Ninth ...

NRA Files Amicus Brief Urging Fifth Circuit to Adopt a Test in Disarmament Cases that Ensures Peaceable Citizens Cannot Be Disarmed

Wednesday, October 21, 2026

NRA Files Amicus Brief Urging Fifth Circuit to Adopt a Test in Disarmament Cases that Ensures Peaceable Citizens Cannot Be Disarmed

The National Rifle Association and Second Amendment Foundation filed an amicus brief in United States v. Cordova, a case before the en banc Fifth Circuit Court of Appeals involving a challenge to the federal lifetime ...

The NFA’s New Era: What Has Changed, What Remains the Same, Items of Note

News  

Monday, October 12, 2026

The NFA’s New Era: What Has Changed, What Remains the Same, Items of Note

As we announced separately this week, ATF has determined that it will use its executive discretion to uniformly suspend enforcement of large portions of the National Firearms Act (NFA).

“I’m sorry, Dave, I’m afraid I can’t do that” – ChatGPT is Now “Completely Anti-gun”

News  

Monday, October 19, 2026

“I’m sorry, Dave, I’m afraid I can’t do that” – ChatGPT is Now “Completely Anti-gun”

More than half a century ago, Stanley Kubrick’s film, 2001: A Space Odyssey, introduced the world to HAL-9000, a sentient “supercomputer” with advanced artificial intelligence (AI) processing. When HAL, responsible for running the spacecraft, decides ...

Grassroots Spotlight: NRA Leadership and Grassroots Advocates Unite at the “ASRPA Education & Training Dinner”

Take Action  

Monday, October 26, 2026

Grassroots Spotlight: NRA Leadership and Grassroots Advocates Unite at the “ASRPA Education & Training Dinner”

NRA-ILA Grassroots Field Coordinator Darius Diggs recently attended the Arizona State Rifle and Pistol Association's (ASRPA) Annual “Education & Training Dinner”, alongside FrontLines Activist Leader (FAL) Doug Stead and NRA Board Members Jacqueline Janes, Jeff ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.