2nd Amendment Task Force Strikes Again

SCOPE had previously reported the formation of a Department of Justice (DOJ) “Second Amendment Enforcement Task Force.” A.G. Bondi noted, “For too long, the Second Amendment, which establishes the fundamental individual right of Americans to keep and bear arms, has been treated like a second-class right. No more. It is the policy of this Department of Justice to use its full might to protect the Second Amendment rights of law-abiding citizens.”

Scope also reported on the Task Force’s first high-profile move; the DOJ filed a federal lawsuit against the Los Angeles County Sheriff’s Department, alleging deliberate delaying tactics by the Sheriff’s Department in processing applications for California concealed carry licenses.

We now can report on a second case.

In Washington D.C., Juan Peterson had been found guilty, in 2023, for possession of a large-capacity ammunition feeding device under D.C. Code § 7-2506.01(b). Peterson challenged his conviction to the District of Columbia Court of Appeals on Second Amendment grounds, arguing that the statute infringes upon his constitutionally protected rights.

THE DOJ filed an unopposed motion to vacate Peterson’s conviction: “It is the United States position that § 7-2506.01(b) is unconstitutional. As a result, the United States is not prosecuting violations of § 7-2506.01(b), and believes that, in the interests of justice, Peterson’s conviction should be vacated*…because the United States would not charge a defendant similarly situated to Peterson under D.C. Code § 7-2506.01(b) if arrested today, vacatur of Peterson’s conviction would ensure fundamental fairness.”

The DOJ referred to the Supreme Court’s “Heller” and “Bruen” decisions which established that arms “in common use” by law-abiding citizens for lawful purposes receive Second Amendment protection. With standard-capacity magazines holding more than 10 rounds numbering a reported 700 million in circulation nationwide, that would seem to qualify as common use. **

As SCOPE previously reported, the DOJ’s actions in defense of 2A are huge.  The anti-2A states have passed unconstitutional laws and basically said, “sue me” knowing that it would cost the plaintiff tens of thousands of dollars to “sue them.”  This helps takes the financial burden off of individuals.

*Magnus v. United States: “a conviction for conduct that is not criminal, but is instead constitutionally-protected, is the ultimate miscarriage of justice.”

** NSSF Report Reveals Firearm Magazines with Capacity Over 10 Rounds is National Standard • NSSF