D.C. Gun Magazine Ban Struck Down by Appeals Court

An appeals court has overturned a District of Columbia law prohibiting gun magazines that hold more than 10 bullets, deeming the measure unconstitutional. The ruling, issued Thursday by the D.C. Court of Appeals, likewise reverses the conviction of Tyree Benson, who was convicted in 2022 for possessing a handgun with a 30-round magazine, according to MSN.

Second Amendment Ruling

Judge Joshua Deahl, writing for the two-judge majority, stated that magazines capable of holding more than 10 rounds are “ubiquitous in our country,” with hundreds of millions in circulation, representing about half of all magazines owned by citizens. He added that these magazines are “arms in common and ubiquitous use by law-abiding citizens,” and therefore the District’s ban violates the Second Amendment.

The court reversed Benson’s conviction not only for the magazine capacity ban but also for related charges, including possession of an unregistered firearm, carrying a pistol without a license, and unlawful possession of ammunition, as he could not have legally registered or possessed ammunition for a firearm equipped with a high-capacity magazine.

Dissenting Opinion

Chief Judge Anna Blackburne-Rigsby dissented, arguing that the majority’s analysis relied on ownership statistics that don’t demonstrate the common use of 30-round magazines for self-defense. She stated that the statistics do not support the conclusion that such magazines are in common use.

Next Steps and Previous Rulings

The District of Columbia has the option to appeal the decision to the Supreme Court or request a rehearing with a larger panel of judges, MSN reported.

Previously, the U.S. Court of Appeals for the District of Columbia had upheld the constitutionality of the local law regarding gun magazine sizes. The interaction between these two rulings remains unclear.

Federal Prosecution Shift

Notably, the U.S. Government, which initially prosecuted Benson and defended the ban, now concedes that the ban violates the Second Amendment, according to the court’s decision.

As of September 10, 2025, high-capacity gun magazines were already illegal in D.C., and former D.C. Police Chief Robert Contee stated the impact of those magazines was a concern, according to 51st.news.