Appeals court declares DC ban on certain gun magazines unconstitutional

An appeals court struck down a local law in the that banned gun magazines containing more than 10 bullets, describing the measure as unconstitutional. 

The ruling Thursday from the District of Columbia also reversed the conviction of Tyree Benson, who was taken into custody in 2022 for being in possession of a handgun with a magazine that could contain 30 bullets, according to The New York Times. 

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

“Because these magazines are arms in common and ubiquitous use by law-abiding citizens across this country, we agree with Benson and the United States that the Districts outright ban on them violates the Second Amendment,” he added.

“This appeal presents a Second Amendment challenge to the Districts ban on firearm magazines capable of holding more than 10 rounds of ammunition. Appellant Tyree Benson argues that ban contravenes the Second Amendment so that his conviction for violating it should be vacated,” Deahl also wrote. “The United States, which prosecuted Benson in the underlying case and defended the bans constitutionality in the initial 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 its ban.” 

“We therefore reverse Bensons conviction for violating the Districts magazine capacity ban. And because Benson could not have registered, procured a license to carry, or lawfully possessed ammunition for his firearm given that it was equipped with a magazine capable of holding more than 10 rounds, we likewise reverse his convictions for possession of an unregistered firearm, carrying a pistol without a license, and unlawful possession of ammunition,” Deahl said.

Chief Judge Anna Blackburne-Rigsby, the judge who dissented, wrote that, “The majority bases its common usage analysis on ownership statistics that show only that magazines holding 11, 15, or 17 rounds of ammunition are in common use.” 

“The majority, however, fails to contend with the reality that these statistics do not support the conclusion that the particularly lethal 30-round magazine, such as the one Mr. Benson possessed here, is in common use for self-defense. It simply is not,” she added.

The District of Columbia can now to the Supreme Court, or ask the local appeals court to take another look at the ruling with a larger panel of judges, according to the Times. 

The newspaper also reported that in a previous case, the U.S. Court of Appeals for the District of Columbia upheld the constitutionality of the local law surrounding gun magazine sizes. Its unclear how the two rulings will interact.