Pirro’s Office Won’t Defend D.C. Magazine Ban, But Still Wants Benson’s Convictions to Stand

Summary

The U.S. Attorney's Office for D.C., under Jeanine Pirro, has announced it is no longer defending the constitutionality of D.C.'s 'large-capacity' magazine ban (PLCAFD statute) and moved to vacate Tyree Benson's conviction on that specific count. However, the office concurrently urged the D.C. Court of Appeals to rehear the case en banc, arguing the panel erred in overturning Benson's related convictions for carrying a pistol without a license, possession of an unregistered firearm, and unlawful possession of ammunition. Benson's counsel is seeking to strike this filing as an untimely petition for rehearing.