Possession of large capacity ammunition feeding device

It is a criminal offense in Washington, D.C. to possess a “large capacity ammunition feeding device.” D.C. Code § 7-2506.01. It does not matter if the device is actually attached to a firearm.

A “large capacity ammunition feeding device” is defined as a magazine, belt, drum, feed strip, or similar device that has a capacity of, or that can be readily restored or converted to accept, more than 10 rounds of ammunition.

Although the offense used to be a misdemeanor, punishable by no more than 180 days in jail and a fine of up to $1,000, the D.C. Council changed it to a felony in 2019. As such, the offense is punishable by up to 3 years of incarceration and a $12,500 fine. D.C. Code § 7-2507.06(a)(4).

Possession of a feeding device can be either “actual” or “constructive.” “Actual possession” is defined as physical possession of an item either in one’s hand or on one’s person. See Robinson v. United States, 100 A.3d 95, 105 n.16 (D.C. 2014).

To prove “constructive possession” of contraband, the evidence must show that the accused (1) had knowledge of its presence and (2) had both the ability and intent to exercise dominion and control over it.” Smith v. United States, 55 A.3d 884, 887 (D.C. 2012).

In a recent D.C. Court of Appeals decision dealing with this offense, Bruce v. United States, 305 A.3d 381 (D.C. 2023), the court found that the government is required to prove that the defendant actually knew that the magazine was capable of holding more than ten rounds.

In this particular case, the magazine in question “was seated within the grip of the pistol and did not extend below it; in other words, the magazine was mostly out of sight.”

The court did not want to “hold a defendant criminally liable even if he does not know the facts which make his conduct illegal.”