DC ban on certain gun magazines is ruled ‘unconstitutional’ by appeals court

An appeals court struck down a local law in the District of Columbia that banned gun magazines containing more than 10 rounds, saying the measure was unconstitutional.

The District of Columbia Court of Appeals’ decision on Thursday also overturned the conviction of Tyree Benson, who was detained in 2022 for possessing a handgun with a magazine that could contain 30 bullets. New York Times.

“Magazines capable of holding more than 10 rounds of ammunition are ubiquitous in our country, numbering in the hundreds of millions and accounting for nearly half of the magazines in the possession of our citizens, and they come standard with the most popular firearms sold in America today,” Judge Joshua Deahl wrote. wrote on behalf of Two-judge majority on a three-judge panel.

“Because these magazines are widely used and ubiquitous weapons by law-abiding citizens throughout this country, we agree with Benson and the United States that the District’s outright ban on them violates the Second Amendment,” he added.

“This appeal presents a Second Amendment challenge to the District’s ban on firearm magazines capable of carrying ‘more than 10 rounds of ammunition.’ Tyree Benson, the appellant, argues that the ban violates the Second Amendment, so his conviction for violating it should be vacated,” Deahl also wrote. “The United States, which prosecuted Benson in the underlying case and defended the constitutionality of the ban in the first round of appellate briefing, now concedes that this ban violates the Second Amendment. The District of Columbia, which is also a party to this appeal, continues to defend the constitutionality of the ban.”

“We therefore reverse Benson’s conviction for violating the District’s magazine capacity ban. And because Benson was unable to register the firearm, obtain a license to carry, or legally possess ammunition, given that he was armed with a magazine capable of holding more than 10 rounds, we likewise reverse his convictions for possession of an unregistered firearm, carrying a handgun without a license, and unlawful possession of ammunition.” he said.

The dissenting judge, Chief Justice Anna Blackburne-Rigsby, wrote: “The majority bases its common-use analysis on ownership statistics showing that only magazines containing 11, 15 or 17 rounds are in common use.”

GUN RIGHTS ON PRIVATE PROPERTY WERE DISCUSSED IN THE SUPREME COURT

Magazines at Norm’s Gun & Ammo store in Biddeford, Maine, in April 2013. The first two from the left are high-capacity magazines for handguns, an AK-47 magazine, an AR-15 magazine, and an SKS magazine. (Shawn Patrick Ouellette/Portland Press Herald via Getty Images)

“But the majority fails to grapple with the fact that these statistics do not support the conclusion that the particularly lethal 30-round magazine Mr. Benson possesses here was in common use for self-defense purposes. It simply is not,” he added.

According to the Times, the District of Columbia can now appeal the decision to the Supreme Court or ask the local appeals court to rehear the decision with a larger panel of judges.

High-capacity rifle magazines are removed from display at Freddie Bear Sports in Tinley Park, Illinois, in January 2023. (Scott Olson/Getty Images)

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The newspaper also reported that in an earlier case, the U.S. Court of Appeals for the District of Columbia Circuit upheld the constitutionality of local law regarding gun magazine sizes. It’s unclear how the two decisions will interact.

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