The D.C. Court of Appeals has denied the District of Columbia’s request to fast-track a motion for an en banc review of the recent decision striking down the District’s ban on magazines that can hold more than ten rounds, which in itself is cause for celebration among Second Amendment supporters.
The cherry on top, though, is the statement from Associate Judge Joshua Deahl that accompanied the order denying the District’s request.
Judge Deahl writes to explain why DC is being ridiculous.
He notes that
1. Prosecutions for possession of a magazine of 11 or more rounds have stopped for more than six months, so there is no change on the ground anyway;
2. Between 2018 and 2022, nearly half of all… pic.twitter.com/MrVvdaKpCp
— Kostas Moros (@MorosKostas) March 24, 2026
Deahl says the District is attempting to “manufacture a crisis” by claiming the decision striking down the magazine ban has created “real chaos on the ground,” and backs up that assertion by pointing out the DOJ decided to stop prosecuting mag ban cases more than six months ago. The only enforcement that was taking place, according to the judge, were a handful of cases involving juveniles that were prosecuted by local attorneys in the D.C. Attorney General’s office, but even then those individuals were also facing a variety of other offenses.
Deahl continued dunking on the District by pointing out the utter absurdity of its argument that the appellate court’s decision would lead to a “flood” of 11+ capacity magazines.
This is a flimsy prediction for two reasons: 1) there is no evidence or so much as an anecdote about a similar flood after the United States stopped prosecuting these offenses six months ago and 2) in the same breath the District tells us that “between 2018 and 2022” “an average of 47%” of firearm prosecutions involved 11+ round magazines, so it appears as if its ban was not doing much to keep them out in the first place (unsurprisingly, given how easy they are to lawfully procure in neighboring states).
As they should be. Magazines that can hold more than ten rounds are unquestionably in common use for lawful purposes, including self-defense and target shooting. Do criminals use them too? Yes, just as they criminally misuse firearms. But the Supreme Court rightfully concluded in Heller that the District couldn’t ban handguns just because they’re the most popular choice for criminals who bear arms, and that same logic applies to the use of ammunition magazines too.
The District can and will still pursue an en banc review of the three-judge panel’s decision striking down the District’s magazine ban, and I won’t be surprised if they get it. As Deahl noted, though, there’s no real reason for the court to expedite that process given the DOJ’s decision to not prosecute these possessory cases and the fact that these magazines already have a ubiquitous presence in D.C. despite their prohibited status.
It’s also worth noting that the effective demise of the magazine ban six months ago did not lead to an explosion in crime. According to the Metropolitan Police Department, homicides fell by 32% last year, and are down by an incredible 65% so far in 2026. Robberies are down by 28%, and reported sex abuse cases have declined by 65% as well. Incidents of assault with a dangerous weapon are up by 39% compared to the same point in 2025, but there’s no evidence that the increase is being driven by 11+ capacity magazines.
The bottom line is that D.C. is a much safer place than it was when the unconstitutional magazine ban was being enforced, and the Constitution and common sense both side with the appeals court panel that struck down the District’s arbitrary limit on magazine capacity. I don’t know if an en banc panel will keep that decision in place, but I know that it should.
Editor’s Note: The radical left will stop at nothing to enact their radical gun control agenda and strip us of our Second Amendment rights.
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