D.C. Court Strikes Down Magazine Limit, But DOJ Seeks Rehearing

U.S. Attorney Jeanine Pirro's stance on the Second Amendment decision raises concerns among gun rights advocates.

Apr. 13, 2026 at 12:50pm

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A conceptual illustration in the style of Giacomo Balla, featuring a fractured, overlapping geometric painting of a handgun magazine in shades of black, grey, and silver, conveying the political tension and debate around gun rights.The Department of Justice's attempt to reverse a court decision protecting high-capacity magazines exposes the complex politics surrounding gun rights in the nation's capital.Washington Today

In a landmark Second Amendment victory, the D.C. Court of Appeals struck down the District's 10-round limit on magazine sizes. However, U.S. Attorney Jeanine Pirro, who had initially agreed the law was unconstitutional, is now asking the court to reconsider its decision, drawing criticism from gun rights groups.

Why it matters

The Benson v. District of Columbia case was seen as a major win for gun owners in the nation's capital, who have long struggled under strict gun control laws. Pirro's request for a rehearing has raised concerns that the Department of Justice may be undermining this Second Amendment victory.

The details

The case began when Tyree Benson was arrested for possessing a gun with a detachable, 30-round magazine, which was illegal in D.C. due to the District's ban on magazines holding more than 10 rounds. Benson argued the ban was unconstitutional, and the D.C. Court of Appeals agreed, striking it down in a 2-1 decision. However, Pirro's office, which had initially prosecuted Benson, later agreed the law was unconstitutional and is now asking the court to rehear the case with all seven judges participating.

  • On March 5, the D.C. Court of Appeals struck down the District's 10-round magazine limit.
  • Pirro's office has since asked the court to rehear the case en banc.

The players

Tyree Benson

An individual arrested for possessing a gun with a detachable, 30-round magazine, which was illegal in D.C. due to the District's ban on magazines holding more than 10 rounds.

Jeanine Pirro

The U.S. Attorney who initially prosecuted Benson but later agreed the D.C. law was unconstitutional, and is now asking the court to reconsider its decision striking down the magazine limit.

D.C. Court of Appeals

The court that struck down D.C.'s 10-round magazine limit in a 2-1 decision, but is now being asked to rehear the case.

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What they’re saying

“There is no legitimate purpose in possessing an assault weapon other than to kill as many people as quickly as possible.”

— Jeanine Pirro

“Stop adopting anti-gun positions, DOJ!”

— Gun Owners of America

What’s next

The D.C. Court of Appeals will decide whether to grant the Department of Justice's request to rehear the Benson v. District of Columbia case with all seven judges participating.

The takeaway

Pirro's request for a rehearing has raised concerns that the Department of Justice may be undermining a significant Second Amendment victory for gun owners in the nation's capital, despite Pirro's claims of being a 'proud supporter of the Second Amendment'.