Supreme Court Denies Cert in Ocean State Tactical (LCM Challenge)
On June 2, 2025, the Supreme Court denied certiorari in Ocean State Tactical LLC v. Rhode Island[1], ending the legal challenge to Rhode Island's 2022 large capacity magazine ban. The denial left the First Circuit Court of Appeals' decision upholding the ban in place.
Background
Ocean State Tactical LLC, along with individual plaintiffs, filed suit in 2022 challenging Rhode Island's ban on magazines capable of holding more than 10 rounds. The plaintiffs argued that the ban violated the Second Amendment under the historical-tradition test established by the Supreme Court in NYSRPA v. Bruen (2022). The case moved through the District of Rhode Island and the First Circuit, where the ban was upheld. The District Court held that large capacity magazines are not protected "arms" under the Second Amendment. The First Circuit, on appeal, assumed that magazines are arms but found the ban consistent with the nation's historical tradition of firearms regulation[2].
The Dissent
Three justices dissented from the denial of certiorari. Justice Thomas, joined by Justice Alito and Justice Gorsuch, wrote that the Court should have taken the case to resolve a growing circuit split on the constitutionality of large capacity magazine bans under Bruen. The dissenters argued that magazines are "arms" protected by the Second Amendment and that the historical record does not support bans on commonly owned firearm accessories. The dissent noted that tens of millions of magazines holding more than 10 rounds are in circulation nationwide.
Impact on Rhode Island
The denial of certiorari means Rhode Island's large capacity magazine ban remains in full effect. The ban prohibits the manufacture, sale, transfer, and possession of magazines holding more than 10 rounds. Owners who retained magazines during the original grace period are now in violation of the law. The First Circuit's ruling also has precedential effect in Maine, Massachusetts, New Hampshire, and Puerto Rico, providing a legal foundation for similar bans in those jurisdictions[3].
Future Litigation
While the denial is a significant setback for Second Amendment challengers, it does not foreclose future litigation. The Court may grant certiorari in a similar case from a different circuit. Several magazine ban challenges remain pending in other circuits, and the circuit split identified by the dissenting justices may eventually compel the Court to address the issue.