The D.C. Circuit upheld the capital city’s ban on magazines that can hold more than 10 rounds.
Gun owners in the nation’s capital are asking the U.S. Supreme Court to strike down the District of Columbia’s ban on magazines with more than 10 rounds of ammunition.
The petition in Hanson v. District of Columbia was docketed, or officially accepted for filing, by the court on Feb. 28. The respondent, the District of Columbia, was directed to file a response by March 31.
The district enacted the Firearms Registration Amendment Act of 2008 after the Supreme Court invalidated the city’s sweeping restrictions on gun ownership in District of Columbia v. Heller (2008). In Heller, the nation’s highest court determined that individuals have a right to possess firearms for lawful purposes, including self-defense at home.
The statute made it a felony-level offense to have a magazine that could hold more than 10 rounds. A violation can result in a prison term of three years and a fine of $12,500. District officials say the law is needed to protect the public.
Lead petitioner Andrew Hanson and co-petitioners Tyler Yzaguirre, Nathan Chaney, and Eric Klun, who all have concealed carry pistol licenses in the District of Columbia, possessed magazines holding more than 10 rounds outside D.C. and said they would use their magazines for lawful purposes in the district if the 10-round limit did not apply.
Hanson argues in the petition that the district’s magazine cap is unconstitutional according to a test the Supreme Court articulated in New York State Rifle and Pistol Association v. Bruen (2022), which recognized a right to bear arms in public for self-defense.
Weeks after Bruen was decided, the petitioners sued the District of Columbia, asking for a declaration from a federal district court that the magazine cap ran afoul of the Second and Fifth Amendments.
U.S. District Judge Rudolph Contreras issued an April 2023 decision that denied Hanson’s request to block the law on constitutional grounds. Contreras found that the local law adheres to the U.S. Constitution.
The judge found that the District’s ammo limitation, which was aimed at promoting public safety, was justified. The ban constituted “an attempt to mitigate the carnage of mass shootings in this country.”
