July 14, 2008
New Proposed D.C. Handgun Rules Unveiled
Mayor Adrian Fenty and the D.C. Council, along with Attorney General Peter Nickles and Police Chief Cathy Lanier, announced the details of early legislation that will regulate the registration and storage of handguns in post-Heller D.C.
“We continue to take every step we can to minimize handgun violence in the District,” said Mayor Fenty. “We must prevent handguns from falling into the wrong hands or being misused, while allowing District residents to exercise their Second Amendment rights under the Heller ruling.”
Public Safety Committee Chairman Phil Mendelson released a statement saying that these proposed rules are just a first step.
“Moving forward, the Council’s open and public deliberations on this important issue will give the residents of the District of Columbia as well as subject matter experts an opportunity to weigh in and help shape our new policies," Mendelson said.
Here's what they're proposing:
- Allowing an exception for handgun ownership for self-defense use inside the home.
- If you want to keep a handgun in your home, the MPD will have to perform ballistic testing on it before it can be legally registered.
- There will be a limit to one handgun per person for the first 90 days after the legislation becomes law.
- Firearms in the home must be stored unloaded and disassembled, and secured with either a trigger lock, gun safe, or similar device. The new law will allow an exception for a firearm while it is being used against an intruder in the home.
- Residents who legally register handguns in the District will not be required to have licenses to carry them inside their own homes.
More from the press release on Chief Lanier's proposed rules for how D.C. residents must go about registering handguns below the jump.
Registration procedures for a handgun purchased for self-defense in a District residence:1. A District resident who seeks to register a handgun must obtain an application form from MPD’s Firearms Registration Section and take it to a firearms dealer for assistance in completing it.
2. The applicant must submit photos, proof of residency and proof of good vision (such as a driver’s license or doctor’s letter), and pass a written firearms test.
3. If the applicant is successful on the test, s(he) must pay registration fees and submit to fingerprinting. MPD will file one set of fingerprints and submit the other to the Federal Bureau of Investigation for analysis and criminal background check.
4. MPD will notify the applicant whether all registration requirements are satisfied. At that point, the applicant returns to the Firearms Registration Section to complete the process and receive MPD’s seal on the application.
5. The applicant takes his or her completed application to a licensed firearm dealer to take delivery of the pistol. If the dealer is outside the District, the dealer transports the pistol to a licensed dealer in the District to complete the transaction.
6. The applicant takes the pistol to the Firearms Registration Section for ballistics testing. When testing is complete, the applicant may retrieve the pistol and take it home.
Registration procedures for a handgun legally registered in another jurisdiction, or a handgun possessed in the District but not registered:
1. Applicants bringing a firearm from another jurisdiction into the District must transport it immediately to the Firearms Registration Section, or notify the Section that they will do so within 48 hours.
2. MPD will allow the registration of previously possessed handguns other than those that qualify as “machine guns” under District law (that is, all automatics and most semiautomatic pistols) for the next six months. During that period, the Office of the Attorney General has established an Amnesty policy not to prosecute anyone for unregistered possession of such a handgun when it is brought to MPD for registration, although those who have committed other crimes with firearms of course remain subject to prosecution.
3. Regulations for registering handguns in either of these two scenarios are similar to those for newly-purchased handguns, but do not require the assistance of a licensed firearms dealer.Rules for transporting firearms legally within the District:
1. When the law allows transporting a firearm legally, the owner must transport it unloaded and securely wrapped in a package, with the package visible in plain view.
Provisions for becoming a licensed firearms dealer in the District:
1. Firearms dealers must first be licensed by the federal Bureau of Alcohol, Tobacco and Firearms.
2. Potential firearms dealers must be eligible to register guns in the District and eligible under federal law to sell them.
3. Firearms dealer licenses will be valid for one year.
4. Applications for dealer licenses will include a sworn or affirmed statement by the applicant, and may require photographs and fingerprints.
5. Firearms dealers must also comply with other District licensing and zoning requirements, such as having a Basic Business License and certificate of occupancy.
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So when the violent crackhead breaks into my home to kill my family, I would have to:
1) unlock the trigger lock or open the safe
2) assemble the disassembled gun
3) load the gun
before I could actually use the gun to defend myself.
Well that's helpful.
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Firearms in the home must be stored unloaded and disassembled, and secured with either a trigger lock, gun safe, or similar device. The new law will allow an exception for a firearm while it is being used against an intruder in the home.
Excoose preese. Me no savvy. WTF does that s**t even mean? Either it's assembled and usable or it isn't. So if I keep a loaded, locked, assembled revolved in a wall safe and shoot an intruder with it, have I violated to the law or not? Please hurry with an answer because some suspicious teenage hooligans are banging at my door and asking if I'll buy their candy so they can get football uniforms.
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The new law will allow an exception for a firearm while it is being used against an intruder in the home.
pwn3d!
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WTF does that s**t even mean? Either it's assembled and usable or it isn't. So if I keep a loaded, locked, assembled revolved in a wall safe and shoot an intruder with it, have I violated to the law or not?
Sheesh, ME. How much more clear could they make it: You must keep the handgun 1) unloaded; 2) disassembled; and 3) locked at all times. They have created an exception in the case of an intruder in the home. In that specific case, you are allowed to unlock, assemble, and load your handgun.
You know, on the one hand, I'm kind of sympathetic to Second Amendment types; on the other hand, the cheekiness of the new rules are pretty entertaining.
Besides, I've already been told I can't have my Sig-Sauer until baby's off to college, anyway. Sigh.
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Ha ha, that was a funny joke. Now where are the actual regulations?
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hahahaha....i love lawyers almost as much as i love guns.
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legal challenge starts in 3...2...1...
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This is the part that interests me:
"[Guns] that qualify as “machine guns” under District law (that is, all automatics and most semiautomatic pistols)"
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MPD will allow the registration of previously possessed handguns other than those that qualify as “machine guns” under District law (that is, all automatics and most semiautomatic pistols) for the next six months.
So semi-automatics are considered fully-automatic machineguns now? Cool. By that rationale, my Greek fire catapult is also a "machine gun" as are most medieval siege engines, nail guns, and my Chewbacca Pez dispenser. I've got quite an armory now and I didn't even know it! Thank you for clearing that up, DC City Council. Now, gimme yo wallet or I cut you, bitch!
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So if I unlock, assemble, and shoot myself with the gun, that's still legal, right?
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They're determined to waste more tax dollars on this...several of these provisions are clearly on the wrong side of the supremes. The old ban didn't work..and it's legally gone..do we really want to try our hardest to recreate it in a way that will surely fail to keep us safer and be struck down again while wasting millions?
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question: Doesn't semiautomatic mean any gun with a clip? Doesn't that leave us with only revolvers?
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ah hell....let's just all shoot each other for no reason. guns are the answer, i don't care what the question was.
are you looking at me funny? huh??!? how'd you feel with some hot lead in your temple? that's what i thought. you can't answer me when i've killed you.
i can't wait. think we can have over 1000 gun related deaths a year in the city? let's set some goals, DC. we're a city, not a town!
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IMGoph: I assuming all these 1000 deaths will be from pistol whippings. I know you probably don't practice unlocking/assembling/loading handguns often, but it's not all that efficient.
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Per DC Code 7-2501.01. Definitions:
(10) "Machine gun" means any firearm which shoots, is designed to shoot, or can be readily converted or restored to shoot:
(A) Automatically, more than 1 shot by a single function of the trigger;
(B) Semiautomatically,Link to next search terms more than 12 shots without manual reloading.
So it looks like clips of
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... greater-than 12 rounds R A-0K. No way you're going to have time to unlock, assemble, load, aim and get off that many rounds anyway, right? :)
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ksf4: I hope so, the only thing better than monkeyrotica is monkeyrotica with a colt peacemaker. With trigger lock, of course.
I think these are completely rational rules. I can't wait to see the hoodlums try to rob me with their guns safely disassembled and locked up at home.
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The Council, the Mayor, and the AG are a bunch of numbnuts. They're essentially in denial that Heller even happened. How much more money do we need to flush down the legal toilet?
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Colt Peacemaker? Go cap n' ball or go to hell. The original .44 Magnum for original gangstas, bee-yotch. Straight UP.
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I like the .40 S&W.
Toting a .44 is just compensating for *ahem* small-bore shortcomings elsewhere.
And a 9? Puh-leaze. Nobody ever shot nobody with a 9 and meant it.
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"Firearms in the home must be stored unloaded and disassembled, and secured with either a trigger lock, gun safe, or similar device. The new law will allow an exception for a firearm while it is being used against an intruder in the home."
That's a joke, right? Gotta be a joke...
::sigh::
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Fenty is an illiterate. How hard is it to understand "shall not be infringed"? I know DC schools are bad, but c'mon.
If I ever see him in public, I am going to tell him to put a muzzle on. He thinks he can have his First Amendment rights, but he better not actually try to exercise them.
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So does removing the front sight and the grips count as "disassembling" it?
As for a "trigger lock," I've come to rely on a Wonder Bread twist tie.
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ksf4: i'm not talking about having guns locked up, i'm talking about full-on gun-orgies here in chocolate city. we don't need no stinkin' rules or regulations. let's just go all libertarian on this shit, free the guns, and see what happens.
let the invisible hand of the market decide who lives or dies.
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I call for a definition of "dissasembled." Does that mean I have to take the slide off my .45?
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Fenty is an illiterate. How hard is it to understand "shall not be infringed"? I know DC schools are bad, but c'mon.
If I ever see him in public, I am going to tell him to put a muzzle on. He thinks he can have his First Amendment rights, but he better not actually try to exercise them.
The most entertaining thing about this whole wonderful process is the frothing lunacy of both extremes. "PUT A MUZZLE ON, FENTY!!1! YOU ILLITERATE!"
Better get a muzzle on those nine justices, too. Cause they clearly don't get it, either.
Of course, accusing a bunch of old white guys of illiteracy doesn't give one quite that same frisson of racial naughtiness that you get from fantasizing about muzzling that illiterate black mayor.
Fun!
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Sommer,
As touchy as a subject as this is, you'd be better off quoting the (poorly punctuated) press release rather than transcribing it:
Sommer wrote:
The DC Press Release says:
So, it is not "unloaded, disassembled, and locked" but "unloaded and 'disassembled or locked or in a gun safe'". Not much, but different.
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Two Questions:
1) "There will be a limit to one handgun per person for the first 90 days after the legislation becomes law."
Will there be a limit after the first 90 days?
2) From what I read of the Heller case -
"the requirement that any lawful firearm in the home be disassembled or bound by a trigger lock makes it impossible for citizens to use arms for the core lawful purpose of self-defense and is hence unconstitutional."
So as others mentioned, isn't Fenty and crew just begging to go back to court? Just to lose...again?
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And clearly, the exception needs to be clarified a *lot*. At what point does a "reasonably, perceived threat of immediate harm" start? For some of those living outside of DC, that means the moment they step foot in the city. For some in NW, that means setting foot in SE...
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1. When the law allows transporting a firearm legally, the owner must transport it unloaded and securely wrapped in a package, with the package visible in plain view.
Violin case?
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The dingbats on the Council don't know when they're licked, yet they continue to relentlessly fight Ahab-style against a dumb animal (i.e., SCOTUS). I guess they figure they got a bottomless purse, so hey, WTF right? I'm just waiting for Ishmael, Queequeg, and Tashtego to chime in with their retort, which oughtta be fun considering Queequeg barely talks and manages to get by with grunts and pidgin English. Still, he managed to get that bitchen "DC-4-EVAH" tramp stamp on his ass so there's no questioning his position on voting rights. It's just a shame the rest of The Pequod has to go down with these jackasses.
Well, I guess the moral of this story, like Moby Dick, is "Be yourself."
Fuggit. I say EVERYONE who wants a gun in DC just goes down and gets themselves a DC Firearms Dealer License and you can have as many as you want.
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Doesn't semiautomatic mean any gun with a clip? Doesn't that leave us with only revolvers?
I believe (someone correct me if I'm wrong) that bolt-action, break-action, pump-action and lever-action guns aren't considered either revolvers or semiautomatics, even though pump-action and lever-action guns sometimes have detachable magazines.
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There is no way the locked and unassembled part of the law passes the new constitutional test under Heller. Did Nickles even read the court's decision in the case or are they just tacking his name on there for show?
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That guy with the clown avatar sure knows alot about concealed firearms.
--
**backs away slowly**
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"An exception is made for a firearm while it is being used against a reasonably perceived threat to a person within a registered gun owner’s home." Are they serious? I guess you better unload your gun into the intruder then quickly put the trigger lock back on. And it's nice to note that if you are a registered gun owner an intruder is covered by the exception if he shoots you thinking you are a threat to him. Unless, of course, he fails to put his trigger lock back on once you are dead.
Monkeyrotica, I would have thought the answer to this one is obvious:
For most of us, the answer would be no, as we do not represent a reasonably perceived threat to ourselves. I'll let you evaluate your own circumstances, though.On second thought, given that we are more likely to commit suicide with a handgun than use it for our own protection, maybe you're right. Even so, you better unload it into yourself and clip that trigger lock back on before you die. And you better be at a registered gun owner's home.
In any case, there are no licensed handgun dealers in the District now. I think they should be limited by zoning to the area between the A Streets west of Second Street, NE/SE. Maybe between 15th and 17th Streets NW, south of H St NW would be OK, too.
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I HAVE A TINY PENIS AND I AM SCARED OF PEOPLE WHO DRESS POOR AND ACT DIFFERENTLY! WHERE IS MY GUN NOW!!!
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Kids playing that "jungle music" again? Tired to being told to "Go back where you came from?" Neighbors threaten to "rape your ass?" Tiny penis? Come on down to Uncle Monkey's® House O' Firearms, Frogurt Hut, and Dildo Sharpener! As the District's ONLY licensed and bonded dildo sharpener, you can choose from a wide array of models from the .357 "Air Conditioner" to the 11" strap-on "mule" in petite and portly sizes. No cash? No credit? No passport? No self-esteem? NO PROBLEM! And with every third purchase (outside your 90 day window) you receive FREE FROGURT! And unlike other so-called dildo sharpeners, our toppings are not cursed. Se habla Espanol!
(Warning: improper use of frogurt may result in paralysis or death. Dildo sharpener is cursed. Taxes, tags, title, freight not included. Consult a physician before applying frogurt to infected area. Close cover before striking. Uncle Monkey® is a Registered Trademark of Nordyne Defense Dynamics, a wholly owned subsidiary of KBR, Inc. "We get IT done!" )
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Kids playing that "jungle music" again? Tired to being told to "Go back where you came from?" Neighbors threaten to "rape your ass?" Tiny penis? Come on down to Uncle Monkey's® House O' Firearms, Frogurt Hut, and Dildo Sharpener. As the District's ONLY licensed and bonded dildo sharpener, you can choose from a wide array of models from the .357 "Air Conditioner" to the 11" strap-on "mule" in petite and portly sizes. No cash? No credit? No passport? No self-esteem? NO PROBLEM! And with every third purchase (outside your 90 day window) you receive FREE FROGURT! And unlike other so-called dildo sharpeners, our toppings are not cursed. Se habla Espanol!
(Warning: improper use of frogurt may result in paralysis or death. Dildo sharpener is cursed. Taxes, tags, title, freight not included. Consult a physician before applying frogurt to infected area. Close cover before striking. Uncle Monkey® is a Registered Trademark of Nordyne Defense Dynamics, a wholly owned subsidiary of KBR, Inc. "We get IT done!" )
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ibc, what does my post have to do with race? Funny, but you brought that up. You can be the pot and kettle all in one.
I think most of the Supremes should be muzzled as well. Though it's obvious to anyone not a member of the DC government that most of these restrictions violate Heller.
I'd just like to see all the hypocrites who argue for restrictions on the 2nd Amendment to argue for the same restrictions on the 1st.
I'm against both, but that's what makes me a principled person who can actually read.
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Hilarious replies above about the whole "keep the gun locked,but you can use in self defense".
HERE THE REASON: As moronic as it sounds, their is a logic to it. No one is going to come inspect your home to see if its properly locked or is this the Big Brother reality show where we can rewind to check if you unlocked and assemble prior to shooting a rapist in your room. The reason is MAKE STUPID PEOPLE LIABLE FOR STUPID ACTIONS.
If you've taken any sort of DEFENSIVE firearms training, you're taught safe handling of a weapon. This includes keeping it out of reach from unqualified/untrained folks, example, little children, your dumb curious teenager or your maniac grown son who walks in to a police station and shoots it up (remember Sully Station in Fairfax? God bless the fallen officers)
As I see this, anyone who does not properly safeguard their weapon, will be liable at least under this law for whatever dumb action someone else takes because you didn't lock up your firearm. Yes you can pick a lock, what not, a jury of your peers will get you off the hook if you prove you did reasonably safeguard the weapon.
OTHER REASON. OFFICER SAFETY. Serve a search warrant or service call, see a weapon in a house, you're good to go for arresting, no BS "this is my house and I have a right". You try talking to someone with a gun, see how that goes.
Now, on with the funny short penis, i need a gun jokes.
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Holy dog crap Batman, is every liberal in The District smoking crack. Maybe one of the fine room temperature lefties would be kind enough to answer my query?
Are all liberals extremely low I.Q. or do they just love punishment, not to mention blowing million in taxpayer monies.
Let’s face it D.C. just got its ass handed to it. Multi Millions of taxpayer money went down the toilet. So what are they doing now? Violating the ruling of the supreme court, and are going to blow millions more.
The taxpayers of the district should sue Fenty, and the brainless witch Lanier.
These two have a great future, in the Sanitation Sciences, or maybe the food service area.
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I HAVE A TINY PENIS AND I AM SCARED OF PEOPLE WHO DRESS POOR AND ACT DIFFERENTLY! WHERE IS MY GUN NOW!!!
As someone who's fairly penis obsessed, I still don't get the anti-gun penis obsession. I mean, sometimes a gun is just a gun.
You want to talk penis obsession, talk to the guys who practice the fine are of loitering, like Ray-Ray, Antwayne, and Thuggee Fresh in the poopy pants. The only guys who grab their crotch more are Italians.
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I thought that someday I might be able to move into D.C. and feel safe. That day seems, still, very far off.
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randy: you're never going to be able to feel safe in DC if you can't now. stay in exurbia, it sounds perfect for you.
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@panabuay:
Very perceptive. You nailed it, thanks.
Penis.
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Hey guys, I'm new here but thought I'd weigh in.
@panabuay and ibc:
Actually, I don't think it's perceptive, I think it's very short-sighted and goes against the Constitution and now the Supreme Court.
So you're telling me that "no one is going to inspect your home" and basically advocating 'illegally' keeping a gun ready to shoot a rapist. Yet, on the other hand, you're saying it's OK for the police to arrest you if you do so when they're searching your house (justly or not, ever heard of the 1m strong "terrorist watch list"?).
What's it going to be? It should be neither--people should be encouraged to keeping their guns safely stored (maybe a $50 tax deduction to help pay for a small gun safe?) but to REQUIRE either disabling or locking the gun, except when a man is coming through your window, is flat-out wrong and goes completely against the letter and spirit of the Heller decision.
Geez, what other rights can you not handle that you want to give the government? The Trinidad roadblocks cool with you too? I hate stupid people doing stupid things just like everyone else, but part of living in a free society is taking on some of the risk that someone might take that freedom and do something stupid with it, like Nazis marching in Skokie IL.
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The regulation -- "Firearms in the home must be stored unloaded and disassembled, and secured with either a trigger lock, gun safe, or similar device." -- is just the FIRST element of the complete regulation.
The SECOND element, coming along after the FIRST is established, will be -- since they have the address -- surprise inspections of the gun at your home to make sure you are in compliance.
Look for the 3. AM knock-knock and a warrant to examine your broken down trigger locked gun.
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By the way, if you guys are pissed about these laughable, lawsuit-inviting regulations, PLEASE write to A. Fenty, B. Lanier the Police Chief, C. your Ward Councilmember, and D. Phil Mendelson the Chair of the Public Safety Committee.
PLEASE let these people know these rules are a waste of time, money, and will cause people to vote against them in future elections.
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@timmeroo:
"Actually, I don't think it's perceptive, I think it's very short-sighted and goes against the Constitution and now the Supreme Court."
You can find definitions of the words "prescriptive" and "descriptive" at http://m-w.com
Once you're up to speed, you may want to go back and read panabuay's comment again.
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The obvious response for law-abiding DC residents is to ignore the idiotic law and keep an assembled, unlocked gun in their homes. In the even the gun is used and the police show up - at their leisure - the law-abiding citizen's response should be: "As per the law my weapon was unassembled and locked and upon hearing the burgler/rapist/crackhead breaking into my home I quickly and skillfuly assembled it from its many parts and then carefully removed the trigger lock and found the bullets which I store in another section of the house and quietly snuck back into the room where I keep the weapon hidden and loaded it. Fortunately, that room as well as the room where I store my unassembled and locked gun was not where said burgler/rapist/crackhead entered, so I was able to thwart the crime by killing him."
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@panabuay and ibc:
I apologize if I misread and/or misstated either one of your views. Considering panabuay called "this is my house and I have a right" BS, I assumed that was the position he was taking, that simply having a gun visible would be grounds for arrest.
If that's not the case, again, I apologize. If that gun isn't registered, I'm all for an arrest, but not for some unfortunate citizen caught up some warrant's typo.
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@regentrifydcnow:
That's certainly one approach, but some of us would rather not be considered criminals under even silly laws. Also, some people attempt to get security clearances and it might be not fun to admit to breaking DC law under a polygraph. It happens quite frequently for some gov/contractor jobs.
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@timmeroo:
yeah yo misunderstood me. And again, folks that have been properly trained in DEFENSIVE use of firearms know that if police come knocking your door, pull you over, stop you on the street, first thing you should do is disclose the presence of a firearm. You'll be on their good side, no one gets arrested. And again, who the hell keeps a gun laying around in plain site and be unfortunate to be the target of a wrongful search warrant... please. if that gun was laying around you're lucky the crook didn't break in to steal it, rob, rape and cap your ass with your own gun. You're that dumb to leave a gun in plain sight, this law is for you. The secret to DEFENSIVE firearms use is concealment which gives you the element of surprise.
Do yourselves a favor, take a DEFENSIVE firearms course at the NRA or any VA range with certified instructors. I don't care if you're former military, officer etc, rules of engagement are very different when it comes to DEFENSIVE use of firearms.
Accidents and firearms misfortunes can be prevented. GET TRAINED. For those who don't, that moronic law will take you to school, hopefully not at the expense of an innocent person's life.
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@regentrifydcnow:
Very well put, that's your story and stick with it. Better yet, another tip, since you chose to make use of your SECOND AMMENDMENT, USE YOUR FIFTH AMMENDMENT AND YOUR MIRANDA RIGHTS.
In the event you must fire or brandish your firearm and police show up. SHUT UP! Get an attorney. This is the number one reason people get screwed, they talk too much. You're under a lot of stress, you will get your own story wrong or misunderstood. Aknowledge you shot in self defense and request an attorney. THATS IT. DO NOT TALK. ITS YOUR RIGHT AS WELL.
Again, that goes back to DEFENSIVE firearms training. please, take it.
More short penis jokes!
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sorry one more. i've been preaching it, might as well make it simple. Here's the link. GET TRAINED!
http://www.nrahq.org/education/training/basictraining.asp
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Howdy, I sent an email to Phil Mendelson a couple of days ago. It's at http://isotope37.blogspot.com/2008/07/email-to-dc-councilman-mendelson.html
I also linked to this article. Thanks. MOLON LABE.
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There is a great solution take the clip out of the gun put it in a paper bag next to you becouse you can not put it into the trunk and live in your car becouse you have more access to your gun when trasporting it then you do in your house. And heven fobid if you want to put a gun locked in the trunk of your car. I just love carring my shotguns in the front of my car where eveyone can see them so I become a target of crime. I am so glad I do not live in DC
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That is if your are trasporting it Sorry I was not clear.
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panabuay - excellent advice. my post was a poor attempt at sarcasm but i agree with you wholeheartedly! timeroo: re: lie detectors - i don't think i'd have a problem lying about my noncompliance with a stupid law. for many years being gay and acting on it were felonies and i didn't have a problem breaking the law and maintaining my sanity...
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I say we pay Jesse Jackson to go get in Fenty's face and say what we can't. He has ethnic immunity and seems to be willing to say it. It could be the start of a new career for Jesse --"designated hitter!"
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wow gunnut....grammar much?
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OK, I'm a little slow here. When and where did the congress give up the "...exclusive Legislation in all cases whatsoeve, over such District (not to exceed ten miles squade) as may, by Cession of particular States, and the acceptance of Congress, become the seat of the government of the United States,..."? [Art 1, Sec 8, Clase 16 of the Constitution of the United States] Seems to me real simple - or maybe I'm just too simple of a guy....