Hanson v. District of Columbia

Defending the District of Columbia’s large-capacity magazines restriction.

Court: D.C. Circuit

Issue at Stake: Large-capacity magazines

Summary: Hanson v. District of Columbia is a Second Amendment challenge to the District of Columbia’s restriction on large-capacity magazines.

Everytown filed an amicus brief in the D.C. Circuit arguing that the District’s restriction is constitutional under the approach to Second Amendment cases set out in New York State Rifle & Pistol Ass’n v. Bruen. First, the brief explains that the plaintiffs have not met their burden to establish that the Second Amendment’s plain text covers large-capacity magazines. Second, it explains that the court should center its historical analysis on 1868 as opposed to 1791. It further explains that later laws are also relevant to the historical analysis, given the unprecedented societal concerns occasioned by the recent phenomena of mass shootings and the dramatic technological changes presented by the advent of large-capacity magazines. Third, the brief explains that even a small number of laws can be sufficient to establish a tradition of firearm regulation under Bruen.

Decision: This case was argued before the D.C. Circuit on February 13, 2024 and is pending decision.

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