DC's Highest Court Strikes Down Magazine Capacity Ban — "Arms Covered by the Second Amendment"
The DC Court of Appeals — the highest court in the District of Columbia — ruled on March 5, 2026 that DC's outright ban on firearm magazines holding more than 10 rounds violates the Second Amendment.
In Benson v. U.S. (23-CV-0541), the court 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."
Why This Matters
- "Arms of all capacities" are protected. The court held that magazines of all capacities are arms covered by the plain text of the Second Amendment — not just those under an arbitrary round count.
- The DOJ switched sides. The Trump administration's DOJ reversed the Biden-era position and argued alongside the defendant that the ban is unconstitutional. The court agreed with both Benson and the United States.
- Direct path to SCOTUS. Because this is DC's highest court, the only remaining appeal is to the U.S. Supreme Court. Unlike magazine ban challenges in other circuits, there are no intermediate appellate layers — making this potentially the cleanest vehicle for a nationwide ruling on capacity restrictions.
- Rebukes the Ninth Circuit. The opinion reportedly critiques the Ninth Circuit's Duncan ruling (which upheld California's magazine ban) and approvingly cites dissents from that case, setting up a clear circuit split.
The Bigger Picture
This is a significant post-Bruen victory. The Supreme Court's 2022 Bruen decision required firearms regulations to be consistent with the nation's historical tradition of firearms regulation. Courts have split on whether magazine capacity limits survive that test. DC's highest court just said they don't.
With states like California, New York, New Jersey, and others still enforcing similar bans, this ruling puts direct pressure on the Supreme Court to take up the issue and settle it nationwide.
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