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The D.C. Court of Appeals has granted rehearing en banc in Benson v. United States, vacating its earlier opinion and setting up a full-court fight over the District’s magazine ban and its licensing and registration requirements.
Tyree Benson is asking the D.C. Court of Appeals to strike a new filing from Pirro’s office after the government said it would no longer defend the District’s magazine ban while still fighting to preserve his other firearms convictions.
A federal judge has narrowed Hanson v. District of Columbia, dismissing every plaintiff except Tyler Yzaguirre in the latest challenge to Washington, D.C.’s magazine ban. The ruling keeps the case alive, but only as an as-applied challenge tied to Yzaguirre’s denied registration attempt.
After Benson struck down D.C.’s magazine ban, the District sought rehearing while New Jersey tried to limit the ruling’s reach. The split could push the Supreme Court to act.
In a 2-1 ruling, the District of Columbia Court of Appeals has struck down the district’s ban on magazines which hold more than ten cartridges.
