National Association for Gun Rights warns the move could derail momentum toward a U.S. Supreme Court challenge to “Assault Weapons” Bans and magazine bans nationwide.
A growing controversy is unfolding after the U.S. Attorney for the District of Columbia, Jeanine Pirro, signed onto a Department of Justice brief seeking to revisit a major pro-Second Amendment ruling from the District of Columbia Court of Appeals.
The case, Benson v. United States, recently resulted in a three-judge panel striking down Washington, D.C.’s magazine ban, marking a significant legal victory for gun owners and a potential stepping stone toward broader challenges to “Assault Weapons” Bans and magazine bans nationwide.
The ruling is especially critical because it creates a pathway for the Supreme Court of the United States to weigh in on semi-auto firearms and magazine bans — an issue that has remained unresolved at the highest level.
However, the Pirro and the DOJ’s latest filing requests an “en banc” review, a legal process in which the full court rehear the case, potentially overturning or narrowing the pro-gun decision.
According to the National Association for Gun Rights, this move could stall or even eliminate the chances of the United States Supreme Court taking up the issue in the near future, particularly as similar cases from other states are already positioned for review.
Pirro’s request is especially troubling given the DOJ’s recent shift in position. After previously defending enforcement of the magazine ban, federal attorneys under the current administration argued the law was unconstitutional — an argument the appeals court ultimately accepted.
Now, the push for reconsideration risks undermining that victory and preserving the legal framework for future enforcement of similar restrictions.
The National Association for Gun Rights warns that keeping the law “on the books,” even if not actively enforced, leaves the door open for future administrations to revive and apply the ban against law-abiding citizens.
They also contend that the broader implications extend beyond Washington, D.C., as a strong appellate ruling could have triggered a “domino effect” impacting gun control laws across the country.
The National Association for Gun Rights has sharply criticized the move, calling it a setback at a critical moment when conflicting lower court decisions could force the Supreme Court to resolve the issue once and for all.
With the possibility of an en banc rehearing now looming, the outcome could determine whether the current legal momentum continues — or is halted before reaching the nation’s highest court.
As the case develops, the debate highlights ongoing divisions not only between political parties, but within them, over how aggressively to defend Second Amendment protections in the courts.
In an email to its members and supporters, the National Association for Gun Rights contended:
“Your National Association for Gun Rights will always tell the truth, no matter who is in power. We don’t grade on a curve. We don’t make excuses. And we will not stay silent while the Second Amendment is chipped away by anyone — Republican or Democrat. We’re watching, and so are millions of pro-gun voters!”
If you agree with the National Association for Gun Rights, you can sign an open letter to all high-profile Republican officials, asking them to stop attacking the Second Amendment by clicking here.
