The District of Columbia Court of Appeals, the highest local court in the nation’s capital, has struck down the District’s ban on firearm magazines holding more than 10 rounds. In a landmark 2-1 decision, the court vacated the conviction of Tyree Benson, ruling that such magazines are “ubiquitous” and in “common use” for lawful purposes, making them protected arms under the Second Amendment.
WASHINGTON, D.C. — In a massive victory for Second Amendment advocates, the District of Columbia’s highest local court has ruled that the city’s long-standing ban on magazines capable of holding more than 10 rounds is unconstitutional. The ruling, issued on Thursday, March 5, 2026, by the District of Columbia Court of Appeals, effectively guts one of the city’s most significant gun control measures and vacates the criminal conviction of Tyree Benson.
Benson was arrested in 2022 after being found with a handgun equipped with a 30-round magazine. While he was convicted of several charges, including possession of a “large-capacity” feeding device, the court’s majority determined that the ban itself violated the core protections established in the Supreme Court’s Heller and Bruen decisions.
“Common and Ubiquitous Use”
Writing for the majority, Associate Judge Joshua Deahl rejected the District’s argument that magazines are not “arms” protected by the Constitution. He noted that magazines are integral to the operation of modern firearms and are owned by the hundreds of millions across the country.
“Magazines capable of holding more than 10 rounds of ammunition are ubiquitous in our country… accounting for about half of the magazines in the hands of our citizenry,” Deahl wrote. The court concluded that because these magazines are in “common use” for self-defense and lawful purposes, the government cannot impose an outright ban on them.
Impact on Registration and Licensing
Perhaps more significantly for D.C. residents, the court ruled that the unconstitutionality of the magazine ban “infected” the rest of Benson’s convictions. Because D.C. would not allow Benson to register a firearm equipped with an 11+ round magazine, the court found it was impossible for him to comply with the city’s registration and licensing schemes. Consequently, his convictions for possession of an unregistered firearm and carrying a pistol without a license were also reversed.
While Chief Judge Anna Blackburne-Rigsby dissented, arguing that 30-round magazines are not in common use for self-defense, the majority opinion now stands as the highest local precedent in the District. The D.C. government has indicated it will continue to fight the decision, potentially seeking an en banc review by the full court or appealing directly to the U.S. Supreme Court.
Safety Tip: While this ruling is a massive legal win, it is important for residents and visitors in D.C. to understand that the legal landscape remains fluid. Until the District formally updates its registration and carry processes, carrying a magazine with a capacity over 10 rounds may still lead to a “stop and frisk” or temporary detention by MPD officers who are not yet updated on the ruling’s implementation.
