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Appeals court declares DC ban on certain gun magazines unconstitutional

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Appeals court declares DC ban on certain gun magazines unconstitutional

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An appeals court struck down a local law in the District of Columbia that banned gun magazines containing more than 10 bullets, describing the measure as unconstitutional. 

The ruling Thursday from the District of Columbia Court of Appeals also reversed the conviction of Tyree Benson, who was taken into custody in 2022 for being in possession of a handgun with a magazine that could contain 30 bullets, according to The New York Times. 

“Magazines capable of holding more than 10 rounds of ammunition are ubiquitous in our country, numbering in the hundreds of millions, accounting for about half of the magazines in the hands of our citizenry, and they come standard with the most popular firearms sold in America today,” Judge Joshua Deahl wrote on behalf of the two-judge majority in the three-judge panel.   

“Because these magazines are arms in common and ubiquitous use by law-abiding citizens across this country, we agree with Benson and the United States that the District’s outright ban on them violates the Second Amendment,” he added.

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A salesperson holds a high capacity magazine for an AR-15 rifle at a store in Orem, Utah, in March 2021.  (George Frey/Bloomberg via Getty Images)

“This appeal presents a Second Amendment challenge to the District’s ban on firearm magazines capable of holding ‘more than 10 rounds of ammunition.’ Appellant Tyree Benson argues that ban contravenes the Second Amendment so that his conviction for violating it should be vacated,” Deahl also wrote. “The United States, which prosecuted Benson in the underlying case and defended the ban’s constitutionality in the initial round of appellate briefing, now concedes that this ban violates the Second Amendment. The District of Columbia, which is also a party to this appeal, continues to defend the constitutionality of its ban.” 

“We therefore reverse Benson’s conviction for violating the District’s magazine capacity ban. And because Benson could not have registered, procured a license to carry, or lawfully possessed ammunition for his firearm given that it was equipped with a magazine capable of holding more than 10 rounds, we likewise reverse his convictions for possession of an unregistered firearm, carrying a pistol without a license, and unlawful possession of ammunition,” Deahl said.

Chief Judge Anna Blackburne-Rigsby, the judge who dissented, wrote that, “The majority bases its common usage analysis on ownership statistics that show only that magazines holding 11, 15, or 17 rounds of ammunition are in common use.” 

GUN RIGHTS ON PRIVATE PROPERTY DEBATED AT SUPREME COURT

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Magazines at Norm’s Gun & Ammo shop in Biddeford, Maine, in April 2013. From left, the first two are high capacity magazines for handguns, an AK-47 magazine, an AR-15 magazine and an SKS magazine.   (Shawn Patrick Ouellette/Portland Press Herald via Getty Images)

“The majority, however, fails to contend with the reality that these statistics do not support the conclusion that the particularly lethal 30-round magazine, such as the one Mr. Benson possessed here, is in common use for self-defense. It simply is not,” she added.

The District of Columbia can now appeal the decision to the Supreme Court, or ask the local appeals court to take another look at the ruling with a larger panel of judges, according to the Times. 

High-capacity rifle magazines are removed from a display at Freddie Bear Sports in January 2023 in Tinley Park, Illinois. (Scott Olson/Getty Images)

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The newspaper also reported that in a previous case, the U.S. Court of Appeals for the District of Columbia upheld the constitutionality of the local law surrounding gun magazine sizes. It’s unclear how the two rulings will interact. 

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FBI’s Patel delivers blunt warning to law enforcement attackers: ‘We’re going to put you down’

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FBI’s Patel delivers blunt warning to law enforcement attackers: ‘We’re going to put you down’

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FBI Director Kash Patel issued a direct warning to anyone who attacks law enforcement, vowing Saturday that those who “touch a cop” will be tracked down and arrested amid growing concerns over violence against officers.

The comments came while Patel was speaking on SiriusXM Patriot’s “Breitbart News Saturday,” discussing violence against federal officers.

“You have to back the blue,” Patel said. “I say the following to as many officers and Americans that I get in front of: If you touch a cop, we’re going to put you down. And that’s what we’re doing.”

He said the FBI is “going to back our partners,” noting that any criminal who assaults or impedes law enforcement is “going to face the full force of law enforcement.”

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FBI Director Kash Patel had a stern warning for anyone who wishes to harm law enforcement professionals. (Chip Somodevilla/Getty Images, File)

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“We’re not saying that you can’t go out there and peacefully protest,” Patel said. “We are simply saying, … you cannot interfere with [an officer in their] lawful execution of [their] lawful duty.

Since the start of the Trump administration’s immigration enforcement crackdown, the Department of Homeland Security has reported violence against federal agents spiked to a record high.

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The director added police around the country are “so empowered by the fact that we are backing the blue, that they know they have that backing.”

“They also know that if they are physically harmed, they’re just not going to have some perp get away with it,” he said. “We’re going to go find them and we’re going to arrest them.”

Patel’s stance on the issue has remained consistent throughout his time serving in the administration; In June, he posted a similar statement on social media.

Patel said his agency will always “back the blue.” (Stephanie Tacy/NurPhoto via Getty Images, File)

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“Hit a cop, you’re going to jail… doesn’t matter where you came from, how you got here, or what movement speaks to you,” Patel wrote in a June 7 X post. “If the local police force won’t back our men and women on the thin blue line, we @FBI will.”

The FBI did not immediately respond to Fox News Digital’s request for comment.

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California election experts sound alarm as rate of rejected ballots quadruples

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California election experts sound alarm as rate of rejected ballots quadruples

As Democratic leaders in California challenge President Trump’s latest effort to restrict the use of mail-in ballots, they also must grapple with a troubling development in the last election.

A significant number of mail-in ballots arrived too late to be counted in the Nov. 4 special election for Proposition 50, Gov. Gavin Newsom’s successful measure to reconfigure the state’s congressional districts, according to state data.

Ballots came in late at an average rate four times higher than that of the 2024 election, with rural counties seeing some of the biggest increases, according to a Times review.

“Something changed,” said Melvin E. Levey, who heads the Merced County Registrar of Voters. “We don’t like seeing late ballots and if someone has made the effort to vote, we want to count it.”

Merced saw almost a sevenfold increase in late-arriving mail ballots in the November election compared with the year before.

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Vote-by-mail ballots are considered late if they are not postmarked on or ahead of election day or do not arrive within seven days of election day.

The issue appears to be linked to the U.S. Postal Service, which last year reduced the number of trips to pick up mail at post offices in mostly rural areas. Election officials warned before Nov. 4 that the Postal Service changes could delay the postmarking of ballots and lead to votes not being counted.

During the Nov. 4 election in California, an average of 8 out of every 1,000 vote-by-mail ballots were rejected by counties because they arrived too late, according to Secretary of State data. In the 2024 general election, which included the presidential race, an average of 2 of every 1,000 vote-by-mail ballots were rejected for being late.

In Kern County, for example, 3,303 mail-in ballots — or 1.95% of returned mail-in ballots — were not counted in the 2025 special election because they arrived too late. In 2024, that number was 332 — or 0.14%. And in Riverside County, 5,831 ballots — or 0.95% of those mailed in — were deemed too late to count, more than double the number of late ballots rejected in 2024.

Postal Service spokesperson Cathy Purcell recommended that voters mail their ballot a week in advance of when it must be received by election officials to ensure it arrives on time.

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“You should never be mailing your ballot on election day,” Purcell told The Times.

Before last’s year’s special election, California Secretary of State Shirley Weber issued a similar warning about the delays. Anyone dropping off their ballot at a post office on election day should get it postmarked at the counter, she said.

“We don’t want anyone to just toss it into the mailbox as we have been able to do in the past and have it counted,” she said. “The Postal Service has said that they may not be counted in certain areas.”

California voter data expert Paul Mitchell expressed astonishment about the Postal Service’s guidance.

“We’ve had six, eight years of elections where people were feeling confident about mailing in their ballot,” said Mitchell, vice president of the voter data firm Political Data Inc. “Now the USPS is saying they have to mail it in a week early.”

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“That is a dramatic change that can disenfranchise voters who are just following the same pattern that they’ve used in prior elections,” he added.

Democrats have been defending the vote-by-mail system in the face of Republican attacks. Trump recently signed an executive order to impose federal restrictions on mail-in ballots and, without evidence, has long criticized mail-in ballots as a source of fraud and a factor in his 2020 election loss to Joe Biden.

The Nov. 4 special election on Proposition 50 was the Democrats’ attempt to counter Trump’s push for Republican-led states, most notably Texas, to redraw their electoral maps to keep Democrats from gaining control of the U.S. House of Representatives in the 2026 midterms and upending his agenda. The ballot measure overwhelmingly passed.

Nearly 89% of votes in the Nov. 4 election were vote-by-mail ballots, according to Weber’s office. In addition to Proposition 50, tax measures were also on the ballots in some counties.

Postal Service changes

About a month before the Nov. 4 election, Weber and Atty. Gen. Rob Bonta held a news conference to encourage California voters to vote early because of service changes at the U.S. Postal Service.

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Bonta told reporters that voters living 50 or more miles from six large mail processing centers in urban areas who mailed their ballots on election day would not have those ballots postmarked in time. The centers are in Los Angeles, Bell Gardens, San Diego, Santa Clarita, Richmond and West Sacramento, according to Bonta’s office.

The changes at the U.S. Postal Service are part of a 10-year plan that kicked off several years ago aimed at improving services and reducing costs at the independent federal agency.

In the 17 counties that are mostly or entirely within the 50-mile distance from the mail facilities, the average rate of late ballots doubled in the November 2025 election compared with the election the year before — from 2.5 per 1,000 ballots received in 2024 to 5.6 per 1,000 in 2025.

But in counties that are entirely or mostly outside of the 50-mile radius, the average rate of late ballots quadrupled — from 2 per 1,000 ballots received in 2024 to 9.3 per 1,000 in 2025, state election records show.

Similar complaints about late ballots because of the mail changes have been reported in other states, including in Snohomish County, Wash., according to the New York Times.

The U.S. Postal Services told the Times that there are “any number of factors” that may affect the timeliness of mail.

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“The Postal Service has successfully delivered America’s election mail, and we are confident that we will do so again this year,” spokesperson Nikolaj Hagen said. “We rely on long-standing, robust and tested policies and procedures, which have proven successful in the secure and timely delivery of election mail.”

Hagen added that “adjustments to our transportation operations will result in some mailpieces not arriving at our originating processing facilities on the same day that they are mailed.”

Postmarks are generally applied at those processing facilities, Hagen said, so the postmark date may not reflect the date the mail was collected by a letter carrier, dropped off at a retail location, or placed in a collection box.

While the U.S. Postal Service uses postmarking as an internal tool to track the place and date the mail was accepted, outside entities also use the postmarks for their own purposes, including the Internal Revenue Service, which requires federal tax returns to be mailed by April 15.

Several U.S. senators, including Sen. Alex Padilla (D-Calif.), sent a letter in January to USPS Postmaster Gen. Dave Steiner warning that changes to postmarking will make it more difficult for people, particularly those in rural areas, to vote by mail and pay tax bills on time.

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On Tuesday, Trump signed an executive order that seeks to put new federal controls on voting by mail in states, repeating his long-held but unsubstantiated claim that mail-in ballots are a source of widespread fraud in U.S. elections.

The order directs the U.S. Postal Service to take control of mail balloting by designing new envelopes with special bar codes that will allow the federal government to ensure that such ballots go out only to eligible voters.

States must follow the USPS process if they plan to use the federal mail system for sending or receiving ballots. They also must submit to the USPS lists of eligible voters in advance of such ballots passing through the mail system.

Separately, the Republican National Committee is challenging a Mississippi law that allows ballots that arrive up to five days after election day to be accepted and counted. The case was argued before the conservative-leaning U.S. Supreme Court in March.

Times staff reporter Kevin Rector contributed to this report.

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Trump says ‘America needs God’ in Good Friday message touting ‘resurgence of religion’

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Trump says ‘America needs God’ in Good Friday message touting ‘resurgence of religion’

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President Donald Trump delivered a Good Friday message from the Resolute Desk celebrating the resurrection of Jesus Christ while declaring that religion is experiencing a “resurgence” across the United States in his second term.

As I have often said, to be a great nation, you must have religion, and you must have God,” Trump said.

The president framed his message with faith as a central pillar of American strength, pointing to what he described as a broader cultural shift toward religion.

The video, shared via Truth Social on Good Friday, honored the Christian faith tradition and what he claims is a renewal of religion in the United States.

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President Donald Trump bows his head in prayer during the National Prayer Breakfast at the Washington Hilton in Washington, D.C., Feb. 5, 2026. (Saul Loeb/AFP)

President Trump has often recalled his Presbyterian upbringing, attending Sunday school. He has previously credited his faith to his devout Scottish mother and a “very strong” but “great-hearted” father in remarks at the 2024 National Faith Summit.

“In churches across the nation on Sunday, the pews will be fuller, younger and more faithful than they have at any time in many, many years,” Trump said. “Religion is growing again in our country for the first time in decades.

The president has invited prayer and faith back into the public square with both an America 250 prayer initiative and the establishment of the White House Faith Office early in his second term.

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TRUMP TO SPEAK AT MUSEUM OF THE BIBLE ON RELIGIOUS LIBERTY IN EDUCATION

President Trump speaks during the National Prayer Breakfast at the Washington Hilton in Washington, D.C., Feb. 5, 2026. (Saul Loeb/AFP/Getty Images)

Trump said he’s “proud to join with Christians” during Holy Week in his address.

“This Holy Week, I’m proud to join with Christians across the country and around the world to celebrate the most glorious miracle in all of time — the resurrection of our Lord and Savior, Jesus Christ,” Trump said. 

“In his life, Christ displayed true humility. In His death, He modeled true love.”

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The president also invoked scripture in his address, quoting John 3:16.

TARGETED FOR THEIR FAITH OVERSEAS, PERSECUTED CHRISTIANS GET A WHITE HOUSE WELCOME UNDER TRUMP

President Donald Trump calls people to the podium to stand with him during a National Day of Prayer event in the Rose Garden of the White House May 1, 2025, in Washington. (Alex Brandon/AP)

“As it says in Gospel of John, for God so loved the world that He gave His only son, for whoever believes in Him should not perish, but have eternal life,” Trump said.

President Trump’s outspoken approach to the Christian holiday serves as a foil to his predecessor. Former President Joe Biden most recently shared a brief three-paragraph statement during his tenure to celebrate the season in 2024.

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Trump has been more candid in his approach to his faith since he survived an assassination attempt in Butler, Pennsylvania, in July 2024.

“I believe that my life was saved that day in Butler for a very good reason,” he declared during his address to a joint session of Congress in 2025. “I was saved by God to make America great again. I believe that.”

The president ended his remarks by wishing everyone a blessed holiday.

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Happy Easter to all. May God bless you. May God bless the United States of America,” Trump concluded.

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The White House did not immediately respond to Fox News Digital’s request for comment.

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