The United States has filed a Response to the District of Columbia’s Petition for Rehearing En Banc in Benson v. United States, in which the D.C. Court of Appeals held the District’s magazine ban to violate the Second Amendment. Applying Heller and Bruen, the court held that magazines “are unquestionably arms, they are in not only common but ubiquitous use for lawful purposes, and there is no history or tradition of blanket bans on arms in such common use….” The U.S. agrees with that, but argues that the ban should have been held unconstitutional as applied, not facially.

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