STATE OF RIDGEWAY
RIDGEWAY NATIONAL RIFLE
ASSOCIATION, INC., a Ridgeway
licensed corporation;
SAGE03X, an individual and resident of
Ridgeway County;
ANTHONYPANCI, an individual and
resident of Ridgeway County, and;
TOMDONOVANSMITH, an individual
and resident of Ridgeway County;
Plaintiffs,
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DOCKET NO. RSC-CV-881
JUDGE. HON. AlexJCabot
ANSWER TO CIVIL COMPLAINT
v.
LARGETITANIC2, in his official
capacity as Governor of the State of
Ridgeway;
TECHIEY, in his official capacity as the
Attorney General of the State of
Ridgeway;
AERIUM, in his official capacity as the
Colonel of the Ridgeway State Police;
Defendants.
ANSWER
INTRODUCTION
1. Plaintiffs’ allegation in paragraph 1 is a conclusion of law to which no response is
required.
2. Plaintiffs’ allegation in paragraph 2 is a conclusion of law to which no response is
required.
3. The State admits the allegation in paragraph 3 insofar as a law, which the Plaintiffs are
bound to enforce, was signed into law. However, we deny that the law makes it a crime
for law-abiding citizens to exercise their fundamental right to keep and bear arms since
the law does not violate the Second Amendment to the United States Constitution.
4. Plaintiffs’ allegation in paragraph 4 contains conclusions of law to which no response is
required. We deny any factual allegations set forth in paragraph 4. We, furthermore, deny
that the large capacity magazines (ones which are able to carry more than 15 rounds) are
in common use for lawful purposes.
5. Plaintiffs’ allegation in paragraph 5 contains conclusions of law to which no response is
required. To the extent that paragraph 5 makes any factual allegations, they are denied.
6. Plaintiffs’ allegation in paragraph 6 contains conclusions of law to which no response is
required. We deny any factual allegations set forth in paragraph 6. The large capacity
magazines banned by the State Firearms Act are not in common use for lawful purposes.
Furthermore, the ban on these magazines accords with our nation’s history and tradition
of banning weapons or weapon components which are exceedingly dangerous.
7. The defendants are without knowledge or information sufficient to form a belief as to the
truth of the factual allegations set forth in the first part of paragraph 7. To the extent that
Plaintiffs’ allegation in paragraph 7 contains conclusions of law, no response is required.
PARTIES
8. The defendants are without knowledge or information sufficient to form a belief as to the
truth of the allegations set forth in the first part of paragraph 8.
9. The defendants are without knowledge or information sufficient to form a belief as to the
truth of the allegations set forth in the first part of paragraph 9.
10. The defendants are without knowledge or information sufficient to form a belief as to the
truth of the allegations set forth in the first part of paragraph 10.
11. The defendants are without knowledge or information sufficient to form a belief as to the
truth of the allegations set forth in the first part of paragraph 11.
12. Plaintiffs’ allegation in paragraph 12 is a conclusion of law to which no response is
required.
13. Admits the allegation in paragraph 13.
14. Admits the allegation in paragraph 14.
15. Admits the allegation in paragraph 15.
JURISDICTION AND VENUE
16. Admits the allegation in paragraph 15. This court has jurisdiction to hear this claim.
17. Admits the allegation in paragraph 16. The venue is proper.
FACTUAL ALLEGATIONS
18. The defendants are without knowledge or information sufficient to form a belief as to the
truth of the allegations set forth in paragraph 18. However, the defendants admit that the
Ridgeway National Rifle Association is a licensed cooperation in the State of Ridgeway.
19. The defendants are without knowledge or information sufficient to form a belief as to the
truth of the allegations set forth in paragraph 19.
20. The defendants are without knowledge or information sufficient to form a belief as to the
truth of the allegations set forth in first part of paragraph 20. Defendants admit they are
being sued by the Ridgeway National Rifle Association.
21. The defendants are without knowledge or information sufficient to form a belief as to the
truth of the allegations set forth in paragraph 21.
22. The defendants are without knowledge or information sufficient to form a belief as to the
truth of the allegations set forth in paragraph 22.
23. The defendants are without knowledge or information sufficient to form a belief as to the
truth of the allegations set forth in paragraph 23.
24. Defendants deny the allegations set forth in paragraph 24. The law in question has not
violated the constitutional rights of the Plaintiffs.
25. Defendants deny the allegations set forth in paragraph 25.
26. The defendants are without knowledge or information sufficient to form a belief as to the
truth of the allegations set forth in paragraph 26.
27. The defendants are without knowledge or information sufficient to form a belief as to the
truth of the allegations set forth in paragraph 27.
28. Defendants cannot speculate as to what would happen if Plaintiffs do not turn in their
firearms; thus, the defendants are without knowledge or information sufficient to form a
belief as to the truth of the allegations set forth in paragraph 28.
29. Defendants deny the allegations in this paragraph; the law in question does not prevent
Mr. Panci and Mr. Smith from purchasing, owning, or using automatic firearms which
accept magazines with a capacity of over 15 rounds. The law only prevents the
possession of magazines capable of carrying over 15 rounds and makes no prohibition on
the sale, ownership, or use of firearms which accept such magazines.
30. Defendants admit.
31. Defendants deny the allegations set forth in paragraph 31.
32. Defendants deny the allegations set forth in paragraph 32.
33. Defendants deny the allegations set forth in paragraph 33. The law in question does not
violate the constitutional rights of the Plaintiffs.
34. The defendants are without knowledge or information sufficient to form a belief as to the
truth of the allegations set forth in paragraph 34.
35. Defendants admit the allegations set forth in paragraph 35.
36. Defendants deny the allegations set forth in paragraph 36.
37. Defendants deny the allegations set forth in paragraph 37.
38. Defendants deny the allegations set forth in paragraph 38.
39. Plaintiffs’ allegation in paragraph 39 contains conclusions of law to which no response is
required. To the extent that paragraph 39 makes any factual allegations, they are denied.
40. Plaintiffs’ allegation in paragraph 40 contains conclusions of law to which no response is
required. To the extent that paragraph 40 makes any factual allegations, they are denied.
41. Defendants deny the allegations set forth in paragraph 41. The act was amended to no
longer ban automatic firearms or weapons which can accept magazines able to hold more
than 15 rounds.
42. Defendants admit.
a. Defendants admit.
43. Defendants deny the allegations set forth in paragraph 43.
44. Defendants deny the allegations set forth in paragraph 44. Plaintiffs’ allegation in
paragraph 44 contains conclusions of law to which no response is required.
45. Defendants deny the allegations set forth in paragraph 45. A magazine itself being
common does not automatically make high capacity magazines common.
46. Defendants deny the allegations set forth in paragraph 46.
47. Defendants deny the allegations set forth in paragraph 47.
48. Defendants deny the allegations set forth in paragraph 48.
49. Plaintiffs’ allegation in paragraph 49 is a conclusion of law to which no response is
required.
50. Defendants deny the allegations set forth in paragraph 50.
51. Plaintiffs’ allegation in paragraph 51 is a conclusion of law to which no response is
required.
52. Defendants deny the allegations set forth in paragraph 52. Banning large capacity
magazines is an essential measure to reducing violent crime in the State of Ridgeway.
53. Defendants deny the allegations set forth in paragraph 53.
54. Defendants deny the allegations set forth in paragraph 54. As to the state of mind of the
plaintiffs, the defendants are without knowledge or information sufficient to form a belief
as to the truth of those allegations.
55. Defendants deny the allegations set forth in paragraph 55. Plaintiffs have every right to
bear arms, just not possess high-capacity magazines.
56. Plaintiffs’ allegation in paragraph 56 contains conclusions of law to which no response is
required. To the extent that paragraph 56 makes any factual allegations, they are denied.
57. The defendants are without knowledge or information sufficient to form a belief as to the
truth of the allegations set forth in paragraph 57.
58. Defendants admit the allegations set forth in paragraph 58.
59. Defendants admit the allegations set forth in paragraph 59.
60. The defendants are without knowledge or information sufficient to form a belief as to the
truth of the allegations set forth in paragraph 60.
61. Plaintiffs’ allegation in paragraph 61 contains conclusions of law to which no response is
required. To the extent that paragraph 61 makes any factual allegations, the defendants
are without knowledge or information sufficient to form a belief as to their truth.
62. Plaintiffs’ allegation in paragraph 62 contains conclusions of law to which no response is
required. To the extent that paragraph 62 makes any factual allegations, the defendants
deny.
63. Defendants deny the allegations set forth in paragraph 63.
64. Plaintiffs’ allegation in paragraph 64 contains conclusions of law to which no response is
required. To the extent that paragraph 64 makes any factual allegations, the defendants
deny.
65. Plaintiffs’ allegation in paragraph 65 contains conclusions of law to which no response is
required. To the extent that paragraph 65 makes any factual allegations, the defendants
deny. The act in question does not violate the rights of the plaintiffs.
66. Defendants deny the allegations set forth in paragraph 66. No judiciable harm can come
from the enforcement of a lawful act.
67. Defendants deny the allegations set forth in paragraph 67. No judiciable harm can come
from the enforcement of a lawful act.
68. Plaintiffs’ allegation in paragraph 68 contains conclusions of law to which no response is
required. To the extent that paragraph 68 makes any factual allegations, the defendants
deny.
FIRST CAUSE OF ACTION
(1 R. Stat. § 3201 - Deprivation of Rights)
69. In reference to paragraph 69, denies all prior allegations not otherwise admitted.
70. Defendants admit.
71. Plaintiffs’ allegation in paragraph 71 is a conclusion of law to which no response is
required.
72. Plaintiffs’ allegation in paragraph 72 contains conclusions of law to which no response is
required. To the extent that paragraph 72 makes any factual allegations, they are denied.
73. Plaintiffs’ allegation in paragraph 73 contains conclusions of law to which no response is
required. To the extent that paragraph 73 makes any factual allegations, they are denied.
The banned magazines are not in common use for a lawful purpose.
74. Plaintiffs’ allegation in paragraph 74 contains conclusions of law to which no response is
required. To the extent that paragraph 74 makes any factual allegations, they are denied.
75. Plaintiffs’ allegation in paragraph 75 is a conclusion of law to which no response is
required.
76. Defendant’s deny. Prohibitions like the one challenged in this case are deeply rooted in
the history and tradition of the United States, with appropriate analogies present in our
history.
77. Plaintiffs’ allegation in paragraph 77 contains conclusions of law to which no response is
required. To the extent that paragraph 77 makes any factual allegations, they are denied.
The state can prove that magazine bans like this contain appropriate analogies in the
history and tradition of the United States.
78. Plaintiffs’ allegation in paragraph 78 is a conclusion of law to which no response is
required.
79. Plaintiffs’ allegation in paragraph 79 contains conclusions of law to which no response is
required. To the extent that paragraph 79 makes any factual allegations, they are denied.
80. Plaintiffs’ allegation in paragraph 80 contains conclusions of law to which no response is
required. To the extent that paragraph 80 makes any factual allegations, they are denied.
81. Plaintiffs’ allegation in paragraph 81 is a conclusion of law to which no response is
required.
82. Plaintiffs’ allegation in paragraph 82 is a conclusion of law to which no response is
required.
83. Plaintiffs’ allegation in paragraph 83 contains conclusions of law to which no response is
required. To the extent that paragraph 83 makes any factual allegations, they are denied.
/s/ totoro987123
Solicitor General
Department of Justice
Counsel of Record
/s/ LewisFPowellJr
Assistant Solicitor General
Department of Justice
Dated: 01/27/2023
