Judge Holds Standard Capacity Magazines are “Not in Common Use for Self Defense”

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A great magazine for everything from concealed carry to home defense, is the 19x 19-round magazine.

In the case of Hanson v. District of Columbia, in the District Court of the District of Columbia, on April 20, 2023, federal Judge Rudolf Contreras issued an opinion holding standard capacity magazines which hold more than ten rounds of ammunition are not protected under the rights which the Second Amendment was written to protect. Judge Contreras acknowledges magazines that hold more than ten rounds are in common use in the United States of America. Judge Contreras acknowledges magazines that hold more than ten rounds are arms as defined by the words of the Second Amendment.

Judge Rudolf Contreras goes to great lengths to determine magazines that hold more than ten rounds are not included under the rights of the Second Amendment. The linguistic juggling to accomplish this difficult task is impressive, not to mention the stretching and twisting of logic. From the opinion:

“More importantly, Heller II recognized that whether LCMs are “in common use” is merely the beginning of the analysis. The full inquiry is “whether the prohibited weapons are ‘typically possessed . . . for lawful purposes.’” Heller II, 670 F.3d at 1260 (emphasis added) (quoting Heller, 554 U.S. at 625). On that critical question, Heller II expressed uncertainty: “based upon the record as it stands, we cannot be certain whether these weapons are commonly used or are useful specifically for self-defense[.]” Id. at 1261 (emphasis added). That is the question this Court must now resolve.”

The simple and straightforward understanding of whether magazines with a capacity of over ten rounds are typically in common use for lawful purposes is clear. There are tens or hundreds of millions of such magazines in the United States. If standard capacity magazines were typically possessed for unlawful purposes, the number of crimes committed using them would be astronomical. But crime with them is not astronomical. The mere fact of common possession equates to common use. Judge Contreras is working very hard to limit the term “common use” to only those uses specifically documented on the record for self-defense.  From the opinion:

“The District disagrees; it argues that LCMs are not in common use for self-defense for two reasons. First, it claims that LCMs’ military characteristics make them a poor fit for self-defense and take them outside the scope of the Second Amendment. Second, the District claims that law-abiding individuals do not use LCMs for self-defense because incidents where a civilian actually expends more than ten bullets in self-defense are “vanishingly rare.” Defs.’ Opp’n at 18. The Court agrees with the District on both arguments.”

This is exactly the means-end type of argument that Bruen prohibits. The government is not allowed to decide whether a typical arm is useful for self-defense or not. If the arm is in common use for lawful purposes (not just self-defense), it is protected.

The other bizarre claim is arms that are useful for military purposes, such as those used by a militia, are not protected under the Second Amendment. All scholars agree the Second Amendment protects arms that are able to be used by a militia. The vast preponderance of scholarship is: one purpose of the Second Amendment is to preserve an armed population that could bring their arms to service in a militia when the need arises. Arguments that claim arms useful to a militia are explicitly excluded from protection by the Second Amendment are counterfactual to the text of the Amendment itself.

Judge Contreras may be working to clarify Bruen further by prompting the Supreme Court to note magazines holding more than ten rounds are obviously useful in militias for the common defense.  It seems unlikely. Judge Contreras is Heller II as precedent in the DC circuit without considering it to be overridden by the Bruen decision.

Judge Contreras fails to mention the opinion of  Judge Benitez in the Ninth Circuit.  Judge Benetiz considers AR15 rifles to be excellent militia arms. Militias, under the Second Amendment, are to be drawn from an armed population. Progressive judges and scholars have, for decades, declared the Second Amendment only protects use of arms in a militia. Now they declare military uses of arms are not protected by the Second Amendment. Progressive (leftist) ideology is never hindered by logic or facts. Only the political goals of the moment are considered important. Power over others is the singular consistent goal of progressive ideology.


About Dean Weingarten:

Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of Constitutional Carry was attained. He has degrees in meteorology and mining engineering, and retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.

Dean Weingarten

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Grigori

Beyond that, 2A is not about hunting and not even about defensive use. Where do they get these retarded judges from?

Logician

It seems that they all must come from “reject bins” on a “blue light special” from K-Mart!! The legal system is now just a bunch of soulless, egotistical, hypocritical idiots who would all sell out their grandmother for another week’s wages!! Not even one of the LIEyers, Actors, Judges, Officers, Agents or Operators of the legal system can be counted upon to do anything, except to save their own hide! How can they not know that they are all criminals? Don’t any of them think about what they’re doing and why? If you really do want to make a difference… Read more »

Mac

Just another POS liberal judge with his head where the sun don’t shine!

Bill

Obama appointee. Big surprise!

gregs

that this “judge”, “acknowledges magazines that hold more than ten rounds are in common use, and that magazines that hold more than ten rounds are arms as defined by the words of the Second Amendment” and then decides the opposite is amazingly ludicrous.
who gets to decide what a LCM, large capacity magazine is? most likely it is the manufacturer that makes and sells with the product in question, or the consumer but certainly not the government.
how can people like this decide anything when they cannot even understand the meanings of common words?

Arizona

Large capacity is 50 rounds, an aftermarket piece. Standard capacity is what ships with it, 15-21 for pistols, 30 for rifles. “Large capacity” is not 10+. Whatever idiot tried to create that definition is nothing but a bureaucrat in search of banning things.

Finnky

No. Standard includes standard upgrades, such as shield arms mags for a G48. Whether 15 round flush or 20 round extended they are standard.

Largest semi-commonly carried is what is standard.

Shouldn’t matter in any case as 2nd puts them all outside reach of governmental control – or at least it is supposed to. As with anything else, it boils down to force of law – as in who has and is willing to use sufficient force to get their way.

Rich

Clearly the Judge decided the outcome and then backed into that using some pretty convoluted logic. How are Judges disciplined? Is recall the only recourse?

The other Jim

The Senate would not have the votes, especially with the 17 Senators like Lindsey Graham, Susan Collins, Chuck Grassley, China Mitch McConnell, Mitt Romney [the Republicans that voted with Ice Cream Cone Joe’s 1.2 Trillion Dollar Infrastructure Bill (U.S. American Infrastructure such as $40 Million for Lesbians’ in Afghanistan, $10 Million for Sex Change Operations in Pakistan, etc)]. https://ballotpedia.org/Impeachment_of_federal_judges

PMinFl

Maybe these ” RINO senators” wanted to read the bill, and you know that any Democratic bill offered must be passed before it can be read.

Last edited 11 months ago by PMinFl
The other Jim

Yes, the RINO’s are so old/long time on the Government Dole they get confused and think the correct order is to pass the Democrat Bill right away, then read it later and ask the Democrats what to do next.

Bill

You forgot to mention John Cornyn!

The other Jim

You bet, I don’t think he voted for the 1.2 trillion Biden Pork bill but he is up there with the group of failed RINO’s on Immigration and even that Reciprocity Bill he kept putting up…it was all for show, he never pushed it.

The other Jim

Most of the time I think of the RINO’s as the worser enemy. They double cross us time and time again.

Logician

Logic?!?! Where’s the logic to be found in all that garbage? It’s just more proof that the legal system is a crime syndicate that is populated by psychotic men and women!! Since when, do we have any kind of an obligation to obey the gibberish spewing out of the mouth of people who are clearly insane??

USMC0351Grunt

That judge is speaking, “Kamala”.

ROCK6

Tars ands feathers.

Chuck

Worked for our Founders and Forefathers.

Ced Truz

Guns and ammo.

Arizona

Numerous SCOTUS decisions and dozens of federal courts clearly state the 2nd protects militia arms, modern arms, weapons of modern warfare, “army guns”, “navy guns”, etc, and this judge is being intentionally obtuse. The standard magazine shipped with most semiauto pistols holds 15-21 rounds, and is commonly used daily for defense, sport, and other lawful purposes. Good thing free men don’t ask permission or require approval from jackasses like this judge or the government.

Finnky

What ships with a gun is not standard. It is minimal… Standard includes common upgrades.

Arizona

No. Aftermarket upgrades are by definition not “standard”. Standard parts are what the manufacturer designs for the item, be it a gun or a car or whatever. Standard semi-auto mags are usually 15-20, unless it’s a single stack when considering pistols. AR’s are always 30. But it doesn’t matter, as any attempt to restrict or limit is an unconstitutional infringement. Which is why you see 10 round mags shipped with AR’s being sold ONLY in lame states.

Laddyboy

I UP VOTED THIS COMMENT TO NUMBER TWO(2). IT DID NOT COUNT my UP VOTE!

HLB

This site only counts votes when it is refreshed. Somebody did a down vote that cancelled your up vote.

HLB

Arizona

Thanks. It’s unfortunate we have trolls and notorious Down voters of logical and truthful comments, but as long as there is a comment section, the truth will be known and discussed.

DIYinSTL

If US v. Miller (1939) says an arm is not protected unless it is useful by the military, and Hanson v. D.C. (2023) says an arm is not protected if it is useful by the military, then the Second Amendment protects nothing. It is pretty clear where the suitably named Judge Contreras’ prejudices lie in regards the the bill of rights. From the Latin contra: Adv. against, opposite to, contrary to.

Arizona

Every weapon known to man (and those not yet imagined) are useful and suitable to military use, in one form or another, and all are protected from infringement by the government. The 2nd is the most aggressively worded prohibition on government power. Lefty types pretend the words don’t mean what they say, and that since 23,000 unconstitutional gun infringement laws were illegally passed that they can continue to do so.

PMinFl

The “purpose” of the Bill of Rights is to LIMIT THE GOVERNMENT, not to limit the citizens. When will the law schools start to teach this truth?

Novice.but.learning

I noticed that several of the pistols used in defense against bears in your (Dean W) excellent analysis of pistol use for Defense of Life and Property (DLP) were equipped with large magazines. I recall one defensive use in particular where the entire magazine of 15 +1 of 10 mm was expended to save a (human) life. I look forward to your excellent, data based articles. Please keep ’em coming.

BigRed

Doesn’t matter what they’re used for. In america, i don’t have to justify the reason why i own a firearm. This isn’t Britain. 75% of guns owned in this country are handguns and today about 80% of those are semi autos and just a guess here but i would bet about 65% of those hold more than 10 rounds.

Crev

So then the 2A is defined by this judge’s imagination? We don’t think so.

Trussman

The Browning Hi-Power pistol started the revolution of so called “high capacity magazines” in 1935. The standard issue magazine held 13 rounds of 9 mm ammunition. Browning / FN made more than 1.5 million of these fine pistols right up until 2018. This pistol was in constant production for 82+ years. In 2022 they resumed production of an updated model. There is no way that anyone can say that pistols that have magazine capacities of greater than 10 rounds are not in common use, or do not have a historical basis, or are not commonly used for self-defense. I carried… Read more »

Trussman

P.S.
I reside in Indiana, and every pistol that I would consider buying for self-defense would ship with a standard magazine capacity of at least 12 rounds. I would have to purchase a “reduced capacity magazine” separately.

This judge is just out of touch with history and current reality.

Assassino

My argument against ANY restriction on 2A is simple: If one acknowledges you have a God given right to self defense, the MEANS by which you use to defend yourself is irrelevant. The argument against that cannot be won. The next argument you have with an anti, ask them if they believe they have the right to defend themselves with hands if someone is attacking them with hands. After they answer yes, propose a stick or other force multiplier. They’ve painted themselves into a corner and they won’t like the realization. It shouldn’t matter WHAT tool is used if justifiable… Read more »

Logician

Here’s the ultimate to be used in the criminal legal system; WHERE is it written that we have a guarantee of getting a fair trial 100% of the time in the legal system? If we don’t have that guarantee printed out and in our hands, then the legal system is either a gamble, or a scam! And no law anywhere in the world states that we must submit ourselves to others and make gambles or partake in a scam!! ONLY if we are being deemed to be slaves on a plantation, does that line of reasoning hold any water! Who… Read more »

Arizona

Agreed, and gun control also has nothing to do with crime prevention.

GomeznSA

A – good argument BUT far too many lefties would say that you should simply give in to the aggressor and let them do/take what they want, after all, if they are willing to use any degree of force they must somehow be ‘entitled’ to your property and/or your life.

Zhukov

Not in common use? There are probably more standard capacity magazines in use than 10 round or less capacity magazines. The only ones in use are in firearms that were not initially built around magazines of greater than 10 rounds.

Tionico

Yup. My “litle friend” who lives on my right hip was designed in 1926, and the ONLY magazine size was 13 rounds. Ninety seven years on, that model is still made, and still comes with 13 round mags. Some military asked for, and so they were made and supplied to them, mags holding 15 rounds. The Argentine military requested 17 round mags and got them. I have a few 15’s, have seen one 17 (not for sale) , have quite a few (not enough) 13 round mags, and NO ten round, as from everything I have seen, 10 round mags… Read more »

james

Magazines are not arms, if they were we would have to file a 4473 to buy them.

Protect defend serve

Judges that hate decision they disagree with try to rationalize why they disagree. Then they proceed to explain why “their” interpretation of the law is so much better. Facts be damned and never mind that the. 2nd Amendment means what it says and says what it means.

Laddyboy

Since this “judge – Rudolf Contreras” IS a RADICALIZED LEFT LEANING COMMUNIST and DOES NOT comprehend the SIMPLE LANGUAGE of OUR American CONSTITUTION — He MUST be IMPEACHED/REMOVED and DISBARRED!

Laddyboy

YES! I AM SCREAMING about these NONSENSICAL “judges”!

Logician

And I am doing so also, plus, I have shown here many times now the means to totally deflate and defeat the 100% corrupted legal system too! What can any of the fake “judges” or LIEyers say, when you demand to see a written guarantee that you will actually GET a fair trial?? Here’s a hint, no one can make that kind of a guarantee because men and women just like you and I can make mistakes! Even the USSC/SCOTUS admitted last year that it can make mistakes that last for 49 YEARS, when they reversed Roe v. Wade!! Kagan… Read more »

Ced Truz

Short barrel shotguns: not protected because there is no military application.

LCM: not protected because they are a military application.

Um…. maybe it’s time we use LCMs in the defense of our constitutional rights for a change.

incorrigible

I must have missed something! Where, in the second amendment, are all of these exceptions to “Shall Not be Infringed”?

Chuck

Convoluted Logic or Pulling An Opinion Out Of His A$$?

I favor the latter.

MP71

Same difference

Montana454Casull

Using this judges logic then we need the Barney Fife rule then for law enforcement . One round for all those officers who vote Democrat .

Mac

And that 1 cartridge is in their breast pocket, not in the pistol. What a joke

Arkansas Rob

Logic and reason are tools of the sexist, racist, cis normative, white supremacy patriarchy. It’s forbidden among the progressive woke movement.

MP71

They’re appointed by “progressive “ leftists that want to dismantle the USA.

Desert Guy

The “government” creates and enforces laws. It faces no punishment for disobedience of any law.

USMC0351Grunt

May want to do a little research on that one.

Logician

Yes, it’s not a 100% true statement, but so little punishment for the government goons happens, that it’s hardly worth mentioning.

GomeznSA

IIRC when noo yawk state invented their ‘safe’ act they were in such a hurry to get it done in the dark of night that they ‘forgot’ to add a carve out for the coppers and had to hastily amend it.
Same applies to this ‘judge’ – if he is going to ‘rule’ that we can’t have so called high capacity magazines then neither can the cops.

MP71

I’m as amazed and disgusted as anyone over this so called judge’s twisting of logic and subversion of the font. There is a sort of a silver lining. Assuming this ruling is appealed at every turn, it stands a good chance of being struck down by a higher court. Should this ruling, which clearly contradicts both the Heller and Bruen decisions, make it to the circuit court and be upheld, that will surely get the attention of SCOTUS. If SCOTUS finally takes on a magazine ban case it’s game over for the anti gunners. Yes, there’s a whole lot of… Read more »

Mudhunter

The question is this. Is the judge bound by the restrictions on government by the Bill of Rights?

Yes, according to the Supremacy Clause. No need for mentally unstable gymnastics.

james

Judge is not reading between the lines of our 2nd Amendment, he is inserting his opinion into it.

USMC0351Grunt

The progressives left wing-nuts, Democrats can go on thinking they have any sort of power over, “We, the free People’. I guess that will be their harbinger in a FAFO moment of their lives.

Logician

They have ONLY the power and authority over us that we allow them to have! The way to remove that illusion of power and authority, is to just expose the crimes that they are committing against us, because NO man or woman has any kind of a right to cause harms to others!!
Fraud vitiates ALL that it comes into contact with, so when we expose the frauds and other crimes of the legal system, we WINNNN! Show me how we cannot win like that!

Mac

Another activist judge making it up as he goes. The creep needs to step down immediately since he is nothing more than a Nazi hack

Ced Truz

Leave us Nazis out of this. We want everyone armed. He is a Marxist!

Cappy

It has been often noted that education will fix ignorance. But stupidity is not repairable. In the case of this judge and others, the stupidity is willful and cannot be fixed.

GomeznSA

Cappy – “stupidity is willful” – ding ding ding we have a winner. THAT is the biggest problem with far too many ‘progressives’ or whatever the wanna
be tyrants are calling themselves today – everything to them is about their ‘interpretation’ and they will only deal with things that further their power and control over us mere mortals.

Boz

So-caIIed “judge” is in need of a Hickory Shampoo.

HLB

The capacity of the magazine has nothing to do with the 2nd Amendment.

HLB

Oldman

?

HLB

No where in the 2nd Amendment does it address the capacity of magazines or comparable devices for that time period. However, we are engaged in a continual argument about something that is not a factor any more than what color of the magazine is. To allow us to be roped in to such an argument is opening a can of worms. If you do that then you agree to argue about something that has no basis.

HLB

JH1961

Activist judges should be IMMEDIATELY removed for violating their SWORN OATHS to UPHOLD the U.S. Constitution.

Logician

And which Constitution would that be? The original, the one of 1789, or the one of 1869?

Winchester1873

Such a useless person… he needs to read and understand the Constitution and abide by recent Supreme Court rulings.

james

Standard capacity magazines are used by criminals. It is common sense that I should have the same capacity magazines to defend myself.

Jim

wish these judges would get a life

Arny

Exactly where in the 2A does it even mention COMMON USE ?

Ricardo Pacetti

I didn’t just come in on a load of zucchini, but could someone tell me what the hell the L stands for in Capacity Magazine, is it low or what?

Slingwing

Where we have veered off is the understanding of the English language and how to use it in the proper context during the time written. The 2A is a four part amendment is you look at it as a whole. Each part is separated by a comma. Commas are a very useful in separating parts of a statement to bring significance to that said part. Sad that the professional legal establishment cannot even understand basic rules of the language when they write mumbo jumbo that the average person on the street cannot intraplate.

KK

ALL YOU NEED IS A DOUBLE BARREL SHOTGUN!
(This way when we run our gestapo units at you we are sure to slaughter you)
PS – Ammo background checks will make sure nobody can “hoard” more than 20 shells.*
*The deer are NOT wearing Kevlar vests.

3l120

What is worrisome is that another judge, using this judge’s decision, could declare that a good defensive shooting could be declared murder If the shooter was using a 10+ mag. Washington, Oregon and California would love this decision!

Bill

In 1780 the Austrian army decided to used the Giardoni 20 shot air rifle as the standard for infantry use. This rifle was also used by the Lewis and Clark expedition in 1804. So magazine holding more than 10 rounds were most certainly in use in American long before judge rudolph contreras set foot on the earth

catmsfa

We’ll just ask the US Military and Cops to turn in their magazines as they don’t need more than 10 rounds. Judges to think that civilians need less rounds to defend themselves than any police or military group. Aren’t these judges and activists the same ones who keep bragging that cops and military are experts with guns. Yet they fire lots of ammo at their intended target and seem to miss a lot. So does that mean civilians are better trained (in many case we are better trained). This judge is pushing a personal and political bias without an legal… Read more »