Last updated October 2026 · By Nick Hall, who follows Second Amendment cases in the D.C. Circuit, including the Metro carry case
Quick take: Two gun owners in Washington and the Firearms Policy Coalition have asked the full federal appeals court there to hear their challenge to the District’s ban on magazines over 10 rounds. Their real target is a court rule that says you cannot challenge a gun law in advance unless the government has singled you out for prosecution.
- The filing: A petition for initial hearing en banc in Wehr-Darroca v. District of Columbia, No. 25-7159, filed October 15, 2026.
- The law: D.C. makes it a felony, up to three years and $12,500, to possess a magazine that holds more than 10 rounds.
- The problem: A district judge threw the case out on standing in September 2025, citing D.C. Circuit precedent he said left no choice.
- The ask: Have every active judge hear the case and overrule the Navegar line of standing cases.
Most gun cases are about what a law says. This one is about whether gun owners in Washington can get into court at all without breaking the law first, and the answer under current D.C. Circuit precedent is close to no.
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Table of Contents
What FPC Filed
The petition, filed October 15 by Cooper & Kirk for the plaintiffs, asks the D.C. Circuit for something it rarely does: hear an appeal with all of its active judges from the start, instead of a three-judge panel.
The plaintiffs are William D. Wehr-Darroca, Gary Stemple and the Firearms Policy Coalition. The defendants are the District of Columbia, Police Chief Pamela A. Smith and Attorney General Brian L. Schwalb.
The request at the end is plain: “The Court should grant the petition for initial hearing en banc and overrule the Navegar line of cases on standing.”
The Magazine Ban at Issue
D.C. bans any “magazine, belt, drum, feed strip, or similar device” that holds or can be readily converted to hold more than 10 rounds. Possession is a felony, and the petition puts the penalty at up to three years in prison and a fine of up to $12,500.
Both men are licensed to carry concealed in D.C., according to the district court’s opinion, and both bought handguns that came with standard magazines over 10 rounds. The petition says they “have kept those magazines outside of the District and purchased smaller, compliant magazines to comply with the law.”
The D.C. Circuit upheld the ban in 2011 in Heller II, before Bruen changed how courts test gun laws. The plaintiffs want a fresh look under the new test, but first they have to get through the door.
The Standing Rule They Want Overruled
That door is a 1997 case, Navegar, Inc. v. United States, and the line of D.C. Circuit decisions that followed it. Under that line, a person bringing a pre-enforcement Second Amendment challenge must show they have “been singled out or uniquely targeted by the D.C. government for prosecution.”
Ordinary gun owners who obey the law are never singled out, which is the whole problem. Judge Rudolph Contreras dismissed this case on September 22, 2025, and the petition quotes the ruling that under “precedent created by the D.C. Circuit in Navegar, Seegars, and Parker, the Court must grant the District’s motion.”
The petition argues the rule clashes with Supreme Court standing cases and with every other circuit: “this Court stands alone in requiring such a stringent showing to support pre-enforcement standing in a Second Amendment suit.”
Why the Metro Carry Case Matters Here
The appeal sat on hold while the D.C. Circuit decided Angelo v. District of Columbia, the challenge to D.C.’s ban on carrying on public transit. We covered that ruling when the D.C. Circuit revived the Metro carry case.
According to the petition, Angelo “reversed the dismissal without disturbing Navegar, Seegars, or Parker.” In other words, the court found another way in for those plaintiffs and left the old rule standing. This petition asks the court to stop working around the rule and get rid of it.
What Happens Next
The full court can grant or deny the petition. If it denies it, the appeal goes to a three-judge panel that is still bound by Navegar, and the plaintiffs’ road probably leads to the Supreme Court.
Nothing changes for D.C. residents in the meantime. The 10-round limit stays in force, and possession of a larger magazine in the District is still a felony. Our magazine capacity laws guide covers where similar limits apply, and our concealed carry reciprocity map covers carrying through D.C.
Magazine bans have been in court across the country this year, including the Columbus magazine ban ruling in Ohio. This case is a step behind them. It is still fighting for the right to be heard.
Frequently Asked Questions
Are magazines over 10 rounds legal in Washington, D.C.?
No. D.C. bans possession of any magazine that holds, or can be readily converted to hold, more than 10 rounds. It is a felony punishable by up to three years in prison and a fine of up to $12,500.
What is Wehr-Darroca v. District of Columbia?
A Second Amendment challenge to D.C.'s magazine ban brought by William D. Wehr-Darroca, Gary Stemple and the Firearms Policy Coalition. A district judge dismissed it on standing grounds on September 22, 2025, and it is now on appeal as No. 25-7159.
What is an initial hearing en banc?
It is a request for all of a court of appeals' active judges to hear a case from the start, instead of a three-judge panel. The full court can overrule its own earlier decisions, which a panel cannot.
What is the Navegar standing rule?
A line of D.C. Circuit cases starting with Navegar, Inc. v. United States (1997) that requires a person bringing a pre-enforcement Second Amendment challenge to show they have been singled out or uniquely targeted for prosecution.
Did the D.C. Circuit already uphold the magazine ban?
Yes. It upheld the ban in 2011 in Heller v. District of Columbia (Heller II), before the Supreme Court's Bruen decision changed the test courts use for gun laws.
Does this petition change D.C. law now?
No. The magazine ban stays in force while the court decides the petition and the appeal.
Related Reading
- D.C. Circuit Revives Lawsuit Over Metro Concealed-Carry Ban
- AR-15 Magazine Capacity Laws
- Columbus Magazine Ban Ruling
- Concealed Carry Reciprocity Map
- Cook County and Connecticut Defend AR-15 Bans at SCOTUS
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