'Ubiquitous Use': D.C. Appeals Court Rules Large Capacity Magazine Ban Unconstitutional

The District of Columbia Court of Appeals has reversed the conviction of Tyree Benson, who was arrested in 2022 for possessing an unregistered 9-millimeter handgun with a magazine that could contain 30 rounds. DC had outlawed magazines that contain 10 rounds. A three-judge panel ruled 2-1 that the magazine ban was unconstitutional. The key finding was "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 District’s outright ban on them violates the Second Amendment." You can find the 84-page decision and dissent at this link.

There are over a dozen ongoing challenges to large-capacity magazines, and they haven't fared particularly well.

Highlights:

Benson was also charged with possession of an unregistered firearm, carrying a pistol without a license, and unlawful possession of ammunition. Benson has also challenged those laws, but they were not part of this case. To be honest, I thought we got rid of the "unregistered firearm" nonsense with Bruen; see BREAKING: SCOTUS Strikes Down New York State Concealed Carry Law, Biggest 2A Victory Since Heller – RedState and Supreme Court Rules You Can't 'Bear' Arms Unless You Can Carry Them for Self-Defense – RedState. I'm still not sure what would constitute "unlawful possession of ammunition."

The decision was 2-1 with an unusual mix. A Trump and an Obama appointee were in the majority; a George W. Bush appointee voted against freedom.

This decision does not affect any jurisdiction other than DC.

A local law in the District of Columbia banning gun magazines that contain more than 10 bullets was struck down as unconstitutional by a three-judge panel on Thursday.

The 54-page ruling from the District of Columbia Court of Appeals, the highest local appeals court for the U.S. capital, reversed the criminal conviction of Tyree Benson, who was arrested in 2022 for possessing an unregistered 9-millimeter handgun with a magazine that could contain 30 bullets.

This sets up an interesting situation in which a federal district court ruled the magazine ban legal, that ruling was upheld by the U.S. Court of Appeals for the DC Circuit, and the Supreme Court refused to hear the appeal. In this case, Benson was convicted in DC by the local court, and the highest appeals court for DC threw out the law. 

The Trump Justice Department was involved in this appeal, switching sides from the anti-gun, anti-liberty position naturally advocated by Merrick Garland's bozos.

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