WASHINGTON, D.C. (March 14, 2025) — Firearms Policy Coalition (FPC) announced today that it has filed an opposition to Washington, D.C.’s motion to dismiss Wehr-Darroca v. D.C., FPC’s lawsuit challenging the District’s ban on firearm magazines that can hold more than 10 rounds. The brief, which argues that the D.C. Circuit’s precedents regarding standing in Second Amendment challenges are inconsistent with the Supreme Court’s decisions as well as every other circuit court in the nation, can be viewed at firearmspolicy.org/wehr-darroca.
“For too long, these outdated precedents have barred pre-enforcement Second Amendment challenges in this Circuit, only allowing cases to move forward if a litigant has been arrested, prosecuted, or singled out with specific threats or denials,” argues the brief. “This precedent has effectively closed the courthouse doors to law-abiding D.C. residents seeking to vindicate their fundamental right to keep and bear arms.”
“The D.C. Circuit’s case law on standing has turned the Second Amendment into a second-class right in our nation’s capital. The government should not be allowed to avoid constitutional compliance by forcing peaceable people to break the law and subject themselves to serious criminal liability before they can challenge unconstitutional laws. The Supreme Court’s precedents recognize this and every other circuit court in the country has held as much. It is time for the D.C Circuit to fix this serious doctrinal problem,” said FPC President Brandon Combs.
The Wehr-Darroca v. D.C. case is part of FPC’s high-impact strategic litigation program, FPC Law, aimed at eliminating immoral laws and creating a world of maximal liberty. FPC is joined in the litigation by two FPC members. FPC thanks FPC Action Foundation for its strategic support of this FPC Law case.
Firearms Policy Coalition (firearmspolicy.org), a 501(c)4 nonprofit membership organization, exists to create a world of maximal human liberty, defend constitutional rights, advance individual liberty, and restore freedom. We work to achieve our strategic objectives through litigation, research, scholarly publications, amicus briefing, legislative and regulatory action, grassroots activism, education, outreach, and other programs. Our FPC Law program (FPCLaw.org) is the nation’s preeminent legal action initiative focused on restoring the right to keep and bear arms throughout the United States. Individuals who want to support FPC’s work to eliminate unconstitutional laws can join the FPC Grassroots Army at JoinFPC.org or make a donation at firearmspolicy.org/donate. For more on FPC’s lawsuits and other pro-Second Amendment initiatives, visit FPCLegal.org and follow FPC on Instagram, X (Twitter), Facebook, and YouTube.
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