The District of Columbia back in 2008 decided that its law-abiding citizens did not have the freedom to possess standard-capacity firearm magazines capable of holding more than 10 rounds of ammunition.
On Wednesday, the District of Columbia Court of Appeals granted rehearing in the contentious case of Benson v. United States. The defendant’s attorney argued that the ban on these essential accessories amounted to a violation of Second Amendment rights.
Court will rehear 2A case it ruled on earlier this year
In a panel ruling handed down in March, the Appeals Court ruled 2-1 that Washington, D.C.’s ban on magazines is an unconstitutional infringement on individual liberties.
Judge Joshua Deahl wrote the majority opinion and eviscerated the District’s prohibition.
“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,” Deahl reasoned. “Because these magazines are arms in common and ubiquitous use by law-abiding citizens across the country, we agree with Benson and the United States that the District’s outright ban on them violates the Second Amendment.”
Attorneys for both sides must start from scratch before the full court
The court applied its decision to the defendant, Tyree Benson, who was convicted of possession of an unregistered firearm, carrying a pistol without a license, and unlawful possession of ammunition.
Deahl added that, because Benson was prevented by law from registering his weapon, obtaining a license to carry, and legally owning ammunition for the weapon equipped with a magazine capable of holding more than 10 rounds, the convictions were overturned.
While the result was welcome, it was not likely to be the final word.
The Appeals Court order this week vacated the March 5 ruling, and the mandate is specific.
The new briefing to the court must consider whether the District of Columbia’s prohibition should be upheld and whether Benson’s conviction should be reversed. The second consideration is whether the District’s gun control requirements concerning licensing and registration align with the Second Amendment.
Benson has 30 days to file a new brief before the full court. All filings will supersede those filed prior in the appeals process, and in essence, the case begins anew.
After the March decision, the District asked for a rehearing while federal officials declared that the panel went too far in vacating Benson’s convictions.
This week’s action means that the full circuit will determine the constitutionality of fundamental issues concerning gun rights. Eighteen years after its establishment, the District’s prohibition on standard ammo magazines is on trial yet again.
Second Amendment advocates will closely watch proceedings as they move forward. The ultimate decision could have implications far beyond the District of Columbia at a time when several anti-gun states battle to suppress the right to keep and bear arms.
There are also good reasons for the District and the feds wanting a definitive conclusion to the standoff.
Ammoland reported that federal authorities believe that some 300 pending prosecutions may be affected by the case’s outcome. Perhaps even more critical, some citizens who were already convicted of violating D.C.’s gun control regime could benefit from a positive ruling.
It would be one thing if such a battle unfolded in Texas or New Hampshire. These locales have a strong tradition of supporting Second Amendment rights, and the outcome would likely follow the Constitution.
Then there’s the District of Columbia.
Lawmakers created one of the toughest environments in the nation to exercise gun rights freely, and their stranglehold on power dissuaded serious opposition. But now, the legality of the District’s regulatory apparatus is on the table, and a long-overdue ruling may be forthcoming.
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