The District of Columbia could soon face a legal reckoning over its potentially unconstitutional ban on standard capacity magazines.
Two law-abiding gun owners who reside in the District, William Wehr-Darroca and Gary Stemple, allied with the pro-gun Firearms Policy Coalition, challenged Washington D.C.'s "high capacity" mag ban in federal court this week.
Named as defendants, in addition to the District itself, are D.C. Metro Police Chief Pamela Smith and D.C. Attorney General Brian Schwalb, in their official capacities.
Arguing that the District has criminalized firearm magazines capable of holding more than 10 rounds under threat of up to three years in prison and a fine of up to $12,500, the plaintiffs hold that the plain text of the Second Amendment covers standard capacity magazines and that the ban is arbitrary. Most AR-pattern rifles and large format pistols are sold with 30-round magazines, while many common semi-auto 9mm handguns ship with 15-to-20-round mags.
"Although the Ban describes magazines that can accept more than 10 rounds of ammunition as 'large-capacity,' this is a misnomer. Magazines capable of holding more than 10 rounds of ammunition are a normal, factory feature and are more accurately described as 'standard capacity magazines,'" argues the 23-page complaint filed on Wednesday.
Citing the firearms trade industry's estimates that over 700 million magazines capable of holding 11 or more rounds are in circulation, the complaint holds that the mags in question are in common use.
"Because the District bans arms in common use today by law-abiding citizens, the Ban violates the Second Amendment," it says. "The magazines at issue in this case are not 'dangerous and unusual,' but instead are standard components of firearms in common use for lawful purposes that law-abiding Americans possess by the hundreds of millions."
The plaintiffs are seeking a judgment recognizing their constitutionally protected rights under the Second Amendment as well as a permanent injunction barring the District from enforcing the challenged laws and regulations.
"Washington D.C. is not exempt from the Constitution," said FPC President Brandon Combs in an email to Guns.com. "Today FPC continues its work to end these immoral firearm magazine bans and other unconstitutional policies throughout the country."
The case is Wehr-Darroca v. D.C.
Banner image: The FN-15, which ships with and accepts standard 30-round AR-style magazines. (Photo: Chris Eger/Guns.com)
