“blast radius”
D.C. Claims Chaos Will Ensue if Magazine Ban Disappears
Last week a three-judge panel on the D.C. Court of Appeals (which is the highest local court in the District) ruled the District of Columbia’s ban on ammunition magazines that can hold more than ten rounds violates the Second Amendment. These magazines are “arms”, the court concluded, and they are unquestionably in common use for lawful purposes, which means that they’re protected by the U.S. Constitution.
Now the District of Columbia is hoping to reverse that decision through an en banc review, and is asking the Court of Appeals to keep the ruling from taking affect while it appeals.
In its request, the District claims that the panel’s decision “has created uncertainty and chaos” and that the “blast radius of the decision is potentially massive”, arguing that the opinion also impacts “exceedingly common charges governing unlicensed and unregistered firearms.”
I think D.C.’s licensing and registration requirements are equally unsound from a constitutional perspective, but there’s nothing in the panel’s decision that impacts those statutes. The opinion released by the court deals exclusively with the District’s prohibition on commonly owned magazines, and the only uncertainty resulting from the decision is whether or not the ban is still actively being enforced.
The U.S. Attorney’s office has already declined to pursue charges against any legal gun owner caught with a “large capacity” magazine, though the D.C. Attorney General’s office has continued prosecuting possession cases.
The D.C. Court of Appeals hasn’t granted the District’s request, but the opinion will likely remain on hold while the en banc review is being considered. The court has set an expedited briefing schedule that will conclude next Wednesday, and a decision on granting or denying the en banc request could come by the end of next week.
There’s an easy way to ensure there’s no confusion over the panel’s decision: let it stand and take effect.



