Authored by Matthew Vadum via The Epoch Times,
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.”
“Just as states and the District enacted sweeping laws restricting possession of high-capacity weapons in an attempt to reduce violence during the Prohibition era, so can the District now,” Contreras said.
Hanson appealed to the U.S. Court of Appeals for the District of Columbia Circuit, which on Oct. 29, 2024, voted 2-1 to deny a request for a preliminary injunction against the statute.
“For 15 years, District law enforcement has operated and been resourced with the magazine cap in place,” and an “‘erroneously issued’ preliminary injunction suspending its law could drastically compromise the District’s ability to enforce its magazine cap far into the future” and allow the district to be inundated with large-capacity magazines during the life of the injunction, the court said.
Circuit Judge Justin Walker dissented.
In Heller, Walker said, the Supreme Court determined “that the government cannot categorically ban an arm in common use for lawful purposes.”
“Magazines holding more than ten rounds of ammunition are arms in common use for lawful purposes. Therefore, the government cannot ban them,” Walker wrote.
The Supreme Court should take up the case because the D.C. Circuit Court’s ruling is inconsistent with Heller, which “protects the possession and use of weapons that are ‘in common use at the time,’” according to the petition.
Even though the panel acknowledged that magazines containing 10 or more rounds are “in common use,” it found they were “particularly dangerous” and compared them to fully automatic machine guns.
The petitioners asked the Supreme Court to consider if the Second Amendment “allows a categorical ban on arms that are indisputably common throughout the United States and overwhelmingly used for lawful purposes (generally) and self-defense (specifically).”
Petitioner Yzaguirre, who is president of the Second Amendment Institute, said he’s optimistic about the petition’s prospects.
“It’s time for the Supreme Court to take its next landmark Second Amendment case,” he told The Epoch Times.
“The days of tyrannical elites restricting ‘We the People’ from exercising our God-given rights to self-defense must come to an end,” Yzaguirre said.
The Epoch Times reached out for comment to District of Columbia Attorney General Brian Schwalb. No reply was received by publication time.