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Andrew Hanson, et al. v. District of Columbia, et al.

Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 23-7061 · judgment October 29, 2024


Certiorari denied · June 6, 2025
Pre-decision estimate: 11% cert probability (95% interval 7%–17%)

Before the decision, about 2.6× the 4.1% base rate. The model weighted this up for a D.C. Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).

Question presented

This Court in District of Columbia v. Heller “found it ‘fairly supported by the historical tradition of prohibiting the carrying of “dangerous and unusual weapons”’ that the Second Amendment protects the possession and use of weapons that are ‘in common use at the time.’” N.Y. State Rifle & Pistol Ass’n v. Bruen, 597 U.S. 1, 21 (2022) (quoting District of Columbia v. Heller, 554 U.S. 570, 627 (2008)). In this case, a divided D.C. Circuit panel held that magazines capable of holding more than ten rounds of ammunition are arms “in common use” for lawful purposes, but it nonetheless concluded that the District may categorically ban them because they are “particularly dangerous,” analogous to Bowie knives and fully automatic machine guns. Accordingly, the question presented is: Whether the Second Amendment to the United States Constitution allows a categorical ban on arms that are indisputably common throughout the United States and overwhelming used for lawful purposes (generally) and self-defense (specifically).

Counsel of record

For petitioner
Edward Mark Wenger
Holtzman Vogel Baran Torchinsky & Josefiak PLLC

For respondent
Caroline Sage Van Zile
Office of the Attorney General for DC

Case

Conference history
Distributed for 1 conference

Amicus briefs
3 cert-stage

Linked docket
24A714

Proceedings

  1. Jun 06 2025
    Petition DENIED.
  2. May 20 2025
    DISTRIBUTED for Conference of 6/5/2025.
  3. May 19 2025
    Reply of petitioners Andrew Hanson, et al. filed. (Distributed)
  4. Apr 30 2025
    Brief of respondents District of Columbia, et al. in opposition filed.
  5. Mar 31 2025
    Brief amici curiae of West Virginia, et al. filed.
  6. Mar 31 2025
    Brief amicus curiae of National Shooting Sports Foundation, Inc. filed.
  7. Mar 31 2025
    Brief amici curiae of National Rifle Association of America, et al. filed.
  8. Mar 13 2025
    Motion to extend the time to file a response is granted and the time is extended to and including April 30, 2025.
  9. Mar 12 2025
    Motion to extend the time to file a response from March 31, 2025 to April 30, 2025, submitted to The Clerk.
  10. Feb 26 2025
    Petition for a writ of certiorari filed. (Response due March 31, 2025)
  11. Jan 23 2025
    Application (24A714) granted by The Chief Justice extending the time to file until February 26, 2025.
  12. Jan 16 2025
    Application (24A714) to extend the time to file a petition for a writ of certiorari from January 27, 2025 to February 26, 2025, submitted to The Chief Justice.