DC Appeals Court Strikes Down 10‑Round Magazine Limit as Unconstitutional
Mar 06
Developing
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The District of Columbia Court of Appeals ruled Thursday that Washington, D.C.’s ban on firearm magazines holding more than 10 rounds violates the Second Amendment and threw out all related convictions of defendant Tyree Benson, who was arrested in 2022 with a handgun using a 30‑round magazine. Writing for a 2–1 majority, Judge Joshua Deahl said magazines over 10 rounds are “ubiquitous” and in “common use” nationwide, coming standard with many of the most popular firearms and numbering in the hundreds of millions, so an outright ban is unconstitutional. The court not only reversed Benson’s conviction under the magazine‑capacity law but also his convictions for possessing an unregistered firearm, carrying a pistol without a license, and unlawful ammunition possession, because those charges flowed from the now‑invalid magazine restriction. Chief Judge Anna Blackburne‑Rigsby dissented, arguing the majority improperly relied on ownership statistics and that particularly lethal 30‑round magazines are not shown to be in common use for self‑defense. The District can seek rehearing before a larger panel or appeal to the U.S. Supreme Court, setting up a potential test case that could affect similar magazine bans in other jurisdictions already under fire in the post‑Bruen legal landscape.
Second Amendment Litigation
District of Columbia Gun Laws