A major blow was dealt on Thursday to the controversial gun control regime that currently controls Washington, D.C.
The District of Columbia Court of Appeals determined that the local ban on firearm magazines capable of holding more than ten rounds is unconstitutional. With that 2-1 ruling, the panel reversed the conviction of Tyree Benson.
He was arrested in 2022 for possessing a handgun with a 30-round magazine. The defendant’s lawyers argued that the conviction should be vacated, while the DOJ initially backed the law but now agrees that the ban violates the Constitution.
Court noted the obvious fact that these standard capacity magazines are in common use
Judge Joshua Deahl wrote for the majority.
“Magazines capable of holding more than 10 rounds of ammunition are ubiquitous in our country, numbering in the hundreds of millions, account 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,” the jurist explained.
Deahl decisively held that, because of the unquestionably common status of these magazines, the District prohibition violated the Second Amendment.
Thursday’s ruling may not spell the end of the case
There was more good news for Benson on Thursday.
Due to the law preventing the defendant from registering his weapon in the District, obtaining a license to carry, or legally possessing ammunition for the size of magazine he possessed, three other convictions based on these alleged infractions were also dismissed.
Gun rights supporters will hardly be surprised if the District appeals the ruling to the U.S. Supreme Court. Sadly, the nation’s capital is firmly controlled by anti-Second Amendment forces.
The good news is that maybe, just maybe, the high court will uphold the appeals court ruling and free residents from this unjust burden on exercising the right to keep and bear arms.
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