Proposed Rule 2026-09-25 Updated 20 days ago
Where it stands
The Bureau of Alcohol, Tobacco, Firearms, and Explosives ("ATF") proposes amending Department of Justice ("Department") regulations to streamline requirements for maintaining structures used for storing explosives, called "magazines." ATF proposes consolidating many requirements from four regulatory sections into one, while eliminating other provisions within those sections. The new section would
In legal terms
Some states cap how many rounds a magazine can hold, commonly at 10 or 15. Many popular handguns and rifles are built for magazines that hold more.
States say high-capacity magazines make shootings deadlier. Challengers say they are ordinary equipment, owned by millions of people, and that Heller protects arms in common use.
What this means, in plain English
Some states cap how many rounds a magazine can hold, commonly at 10 or 15. Many popular handguns and rifles are built for magazines that hold more.
States say high-capacity magazines make shootings deadlier. Challengers say they are ordinary equipment, owned by millions of people, and that Heller protects arms in common use.
Capacity limits are in force in a number of states, and the Supreme Court has not yet ruled on one. In June 2026 it agreed to hear two assault-weapon cases, which could affect how courts treat magazine limits too.
Timeline
Key terms
- Heller (2008)
- The Supreme Court case that held the Second Amendment protects an individual right to keep a firearm for self-defense, and struck down D.C.'s handgun ban and its home trigger-lock rule (2008, 5-4). The Court said the right protects arms "in common use" for lawful purposes, that "dangerous and unusual" weapons can be banned, and that some long-standing rules, such as bans for felons, are presumed lawful.
- Bruen (2022)
- The Supreme Court case that struck down New York's rule requiring a special reason to get a permit to carry in public (2022, 6-3). It left "shall-issue" permit systems in place. It set the test courts use today: if the Second Amendment's text covers what you did, the government must show its law fits the country's historical tradition of firearm regulation.
- "Common use"
- A Heller idea: arms commonly owned by law-abiding people for lawful purposes are protected. Challengers to rifle and magazine bans lean on it. Governments argue the real test is history, not popularity. The Supreme Court has agreed to decide in its 2026 term what counts as an "arm" in two assault-weapon ban cases, Viramontes v. Cook County and Grant v. Higgins.
Related
Duncan v. Bonta
California's limit on magazines holding more than 10 rounds. The petition, filed Aug 15, 2025, was last distributed for the Jun 29, 2026 conference. The docket shows no later conference, hold or order. Supplemental briefs were filed through Aug 2026, after the Third Circuit struck New Jersey's magazine ban en banc on Jul 17, 2026.
Gator's Custom Guns v. Washington
Washington's ban on manufacturing, importing, distributing and selling magazines over 10 rounds, upheld by the Washington Supreme Court on May 8, 2025. The petition was last distributed for the Jun 29, 2026 conference; the docket shows no later conference or order.
DOJ v. Colorado (15-round magazine limit)
The Justice Department sued the State of Colorado in federal court in Colorado over its ban on magazines holding more than 15 rounds. DOJ says the magazines are in common use and protected by the Second Amendment.
Revising Requirements and Exceptions for Storing Explosives
The Bureau of Alcohol, Tobacco, Firearms, and Explosives ("ATF") proposes amending Department of Justice regulations listing exceptions to the requirement that explosive materials must be stored in locked magazines. Specifically, ATF proposes adding a testing exception; removing restrictions limiting existing exceptions to materials being physically handled or transported to a site for storing or
Sources: court dockets, the Federal Register, DOJ releases and Congress.gov. Informational only, not legal advice. Items marked Unverified are awaiting review.