DC Court of Appeals strikes down city’s ban on magazines holding more than 10 rounds

By THE ALASKA STORY

March 12, 2026 – Washington, DC’s ban on ammunition magazines that can hold more than 10 rounds violates the Second Amendment of the US Constitution, the District of Columbia Court of Appeals ruled last week, in a decision that has nationwide implications.

In a 2–1 ruling in Benson v. United States, the court ruled that so-called large-capacity magazines are widely owned by Americans and therefore fall under constitutional protection. The decision overturned the conviction of Tyree Benson, who had been prosecuted under the city’s ban after police discovered a pistol with a 30-round magazine during a stop-and-frisk search.

Writing for the majority, Judge Joshua Deahl said the magazines are in “common use” by law-abiding citizens across the United States and therefore cannot be banned outright.

“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,” Deahl wrote. “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.”

The majority held that magazines are integral components of modern firearms and should be treated as “arms” protected by the Constitution. Deahl rejected the District’s argument that magazines are not themselves weapons and therefore fall outside Second Amendment protections.

“Any components integral to a firearm’s operation, like magazines, fit comfortably within the Second Amendment’s protection of arms,” he wrote.

The ruling builds on nearly two decades of litigation over the city’s gun laws following the Supreme Court’s landmark 2008 decision in District of Columbia v. Heller, which established that the Second Amendment protects an individual right to keep and bear arms. Courts have repeatedly struck down various restrictions enacted by the city since that decision.

The court also determined that magazines holding more than 10 rounds clearly meet the “common use” test established in Heller and reinforced by later rulings.

“These magazines facilitate armed self-defense and law-abiding citizens possess hundreds of millions of them in this country,” Deahl wrote. “That should be the end of this inquiry.”

Judge Catharine F. Easterly joined the majority opinion.

Chief Judge Anna Blackburne-Rigsby dissented, arguing that high-capacity magazines pose particular dangers and do not meet the standard of common lawful use, particularly in the case of 30-round pistol magazines.

“An extended ammunition clip capable of holding 30+ rounds is dangerous and is not commonly used for a lawful purpose such as self-defense,” Blackburne-Rigsby wrote. “The District’s LCM ban is constitutional and should be upheld.”

She also said the majority misapplied the Supreme Court’s New York State Rifle & Pistol Association v. Bruen framework and noted that other courts have upheld similar magazine-capacity limits.

“Not only is the majority’s opinion at odds with this court’s decision in Picon, and the D.C. Circuit’s decision in Hanson, both of which upheld the District’s LCM ban, but the majority’s opinion contravenes every other state and federal court to consider LCM bans,” she wrote.

The case arose after Benson argued that police violated his Fourth Amendment rights during the stop-and-frisk that uncovered the firearm and magazine. The appeals court focused primarily on the Second Amendment question surrounding the magazine ban itself.

Because the ban made it impossible to legally register the firearm and obtain a carry license in compliance with city law, the court ruled that Benson’s other convictions tied to the firearm could not stand.

“The unconstitutionality of the District’s capacity ban thus infects Benson’s convictions for unlawful possession of ammunition, possession of an unregistered firearm, and carrying a pistol without a license,” Deahl wrote.