D.C. Appeals Court Strikes Down Magazine Ban — Creating Major Split with Ninth Circuit in Duncan v. Bonta - Michel & Associates, P.C.Michel & Associates, P.C.

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D.C. Appeals Court Strikes Down Magazine Ban — Creating Major Split with Ninth Circuit in Duncan v. Bonta

Posted by:
mapcadmin
11 Mar
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In a significant Second Amendment development, the Benson v. United States decision from the District of Columbia Court of Appeals has struck down Washington, D.C.’s ban on so-called “large-capacity magazines,” ruling in a 2–1 decision that the restriction violates the Second Amendment.

The ruling carries national implications because it creates a direct conflict with the position taken by the United States Court of Appeals for the Ninth Circuit in California’s ongoing magazine ban litigation, Duncan v. Bonta.

With federal appellate courts now reaching opposite conclusions on the same constitutional question, the likelihood of review by the Supreme Court of the United States has increased substantially. The Court often steps in when circuit courts are divided on major constitutional issues.

Advocates note that this split could place Duncan on a fast track for Supreme Court review, potentially determining once and for all whether bans on standard-capacity magazines are consistent with the Second Amendment under the framework established in New York State Rifle & Pistol Association v. Bruen.

Supporters of the challenge, including the California Rifle & Pistol Association and the National Rifle Association, say the decision reinforces their longstanding argument that magazine bans cannot survive constitutional scrutiny.