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D.C. Appeals Court Strikes Down Ban on Magazines Over 10 Rounds

The ruling rests on a finding that such magazines are in common civilian use.

Overview

  • A three-judge panel ruled 2–1 that the District’s magazine-capacity law is unconstitutional under the Second Amendment.
  • Judge Joshua Deahl wrote the majority opinion joined by Judge Catharine Friend Easterly, with Chief Judge Anna Blackburne-Rigsby dissenting.
  • The court vacated Tyree Benson’s conviction for the magazine violation and also reversed related firearm and ammunition counts.
  • The United States, a party to the case, told the court the ban is unconstitutional, a rare concession that supported the majority’s analysis.
  • The dissent argued 30-round magazines are not commonly used for self-defense and invoked the historical 'dangerous and unusual' standard, as the District weighs en banc review or a Supreme Court appeal against earlier precedent upholding similar limits.