The District of Columbia Court of Appeals has overturned the conviction of Tyree Benson, who was arrested in 2022 for possessing an unregistered 9-millimeter handgun, along with a magazine capable of holding 30 rounds. Washington, D.C. had prohibited magazines that contain more than 10 rounds. In a 2-1 decision, a three-judge panel ruled that the magazine ban was unconstitutional. The key finding stated, “Because these magazines are common and widely used 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.
At present, there are more than a dozen legal challenges to bans on large-capacity magazines, and thus far, they aren’t holding up well.
Benson faced charges for possessing an unregistered firearm, carrying a pistol without a license, and unlawfully possessing ammunition. While he has challenged these laws in the past, they weren’t part of the current case. To be honest, I thought we had moved past the “unregistered firearm” issue since the Bruen decision. I’m still puzzled about what exactly qualifies as “unlawful possession of ammunition.”
Enjoying our conservative news and commentary? Make sure you share and tell your friends about us!
The decision was reached with a 2-1 majority, featuring an unexpected combination: one appointee from Trump and another from Obama were in favor, while a George W. Bush appointee dissented, opposing the ruling on upholding a basic constitutional right.
Notably, this decision has implications solely for the District of Columbia.
On Thursday, the appeals panel, which is the highest local appellate court for the U.S. capital, declared that a local law banning gun magazines capable of holding more than 10 bullets was unconstitutional. The 54-page ruling reversed the criminal conviction of Benson, who was arrested in 2022 for possessing an unregistered 9-millimeter handgun equipped with a 30-round magazine.
This creates a compelling scenario where a federal district court found the magazine ban to be legal, a decision that was later upheld by the U.S. Court of Appeals for the DC Circuit. The Supreme Court chose not to hear the appeal, resulting in a noteworthy case involving Benson, who was convicted locally in DC. Interestingly, the highest appeals court for DC overturned the law.
Meanwhile, the Trump Justice Department stepped into the fray, shifting its stance from the anti-gun, anti-liberty position typically espoused by Merrick Garland’s authoritarian clowns.
