December 17, 2008
Council Amends Gun Laws, Requires Training
One relatively early vote from yesterday's marathon final D.C. Council legislative session of the year was the approval of a number of changes to the District's ever-evolving gun laws. (Quick aside: Must the Council always pull out these last-minute legislate-a-thons? They often make for bad laws, not to mention force local scribes to try to fit far too many votes into far too few words. And now back to our regularly scheduled post.)
The Post mentions the passage of the Firearms Registration Amendment Act in its story, which requires gun owners to re-register their weapon of choice every three years and mandates classroom instruction and firing range training for gun owners. (City Desk has more details on the training requirement debate.) Interestingly, Council member Phil Mendelson (D-At Large), who has been at the helm of crafting the District's new gun laws ever since this summer's Heller decision, voted against the training requirement, arguing that there is no proof that five hours of classroom time will make for safer gun owners. D.C. Attorney General Peter Nickles is quoted as saying that the training requirements aren't his preference, but he will defend them if challenged in court.
Predictably, the NRA has already threatened a court battle, calling the training requirements "phony barriers" to gun ownership for law-abiding citizens. It's an interesting position considering that the NRA runs a whole host of training and safety courses (Eddie Eagle is a personal favorite), but not actually surprising.
Looking back on the months since the Heller decision, the District's new gun laws have come together in a haphazard fashion. Sure, the city has been, ummmmm, under the gun from Congress to act on the Supreme Court's somewhat vague ruling, but every other month or so we hear of new requirements being added to old ones. It would be nice if sometime in 2009, city officials sat down and finally hashed out a final set of regulations and requirements that were easy to understand and even easier to defend.





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Heller Skelter.
You may be an Attorney General, but you ain't no dancer.
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Is training required to be a DC Council Member?
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I can't help but notice that Campbell Brown is conspicuously silent on this issue? Coincidence? Or does she have something to hide? Like maybe her Kenyan birth certificate? And why isn't she returning my calls?
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honestly, take the emotions and opinions, etc., out of this.
can anyone say that firearm training, if you're looking to own a gun, is a bad thing? if we require licensing and training to drive, then licensing and training for firearms should be ok as well.
unless the gun folk think we should be able to drive without licensing. maybe!
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I wish Council and the mayor would just come out and reveal that they're trying to subvert the Supreme Court's ruling through excessive legislation.
I also wish Fenty had no bias and no bull, like good ol' Campbell Brown (weeknights at 8pm, only on CNN).
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Let me get this straight:
Professional class room training and professional hands on training for a gun required.
Professional class room training and professional hands on training for a drivers license not required.
Which one are you most likely to die from again?
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IMGoph, I think those kind of generalities are dangerous, don't you? I'm sure the TSA thinks that the security checks at the airport are onerous, but hey, they couldn't possibly be a bad thing right?
Firearms are not cars. Cars are used in potentially life-threatening ways every single day simply by pulling out into traffic. A gun has a potential to be dangerous, but only if used maliciously or with disregard to safety. A simple instruction on gun safety is all that should be required, not a multiple hour course. MOst drivers never have training anyway, they just have to take a test to show they can drive with basic skill. I'd be fine with the same for buying a gun.
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If they are going to have range training then they will need to build some indoor gun ranges in the city. I can't wait to hear people complaining that a gun club is too close to their home/office/etc.
The re-licensing every 3 years seems kind of weak to me. Automobile accidents cause far more deaths each year then firearms, yet a license needs be renewed only every 5 years (10 year for some people). Seems to me the 3-year rule is just an additional hoop for gun owners to jump through.
The conditions for ownership don't seem to excessive to me, but D.C. is pretty much lawless anyway that I wonder how many owners will simply not register thei weapons.
Also I'm still waiting for the rash of violent crimes committed with licensed firearms that some were predicting after Heller was decided.
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Training for what. Did you hear about the anti-kidnapping expert getting kidnapped in Mexico?
Or the gun expert on You Tube shooting himself in front of his students. I Just...(cue up the Cindy Lauper tune) I just want to have fun...with my gun.
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The problem with the training requirement is the same as with purchasing a gun. The problem is that there's no place in DC you can get trained or buy a gun. And the council isn't interested in licensing places to provide training or sell guns. Then there's the whole who's-gonna-insure-a-gun-range/shop thing, and you've got a de facto ban in place again.
There are any number of legitimate, licensed firarms training facilities in NoVA. They should just allow license equivalency and leave it at that.
They lost the gun ban. Nickels and Fenty need to take some ExLax and let that $h!t go.
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I'm calculating the odds that this thread will quickly degenerate into a flamewar. I figure the odds are pretty good.
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I'm hoping we get a visit from the Obama birth certificate nutjobs. That thread was comedy gold. Certainly more entertaining than the usual guns-are-the-cause-of-and-solution-to-all-our-problems fustercluck.
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"Gun folk" - love. ing. it.
Training is excellent - hoop jumping post-training is at least somewhat questionable. This boils down to a tiny tax revenue stream for the District, less about safety (similar to NY State's proposed requirement that all drivers to buy the new high-reflective license plates).
I wonder how many people this will affect anyway.
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Degenerate...flamewar? Dcist is above all that.
Why, we have the most sophisticated trolls this side of the galaxy.
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I thought that Eddie Eagle® looked familiar. He's plagiarizing Pete the Anti-pedophilia Pidgeon®, down to his "Don't Touch! Leave the Area." warnings. I smell lawsuit.
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What gets me is having to write the DCPD every year telling them i did not sell my guns. if you transfer a gun, you already need to report it, so it is like attesting you did not rob a bank.
What they are doing is setting up 1, 3, and 6 year requirements to try to "catch" people, make them illegal and take their guns away. Also they included that useless ballistics testing measure.
This goes beyond gun rights-it is a matter of political and fiscal irresponsibility. I voted for Mendy in the past. But no more.
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I don't have a problem with the training, assuming it's reasonably available and not cost-prohibitive.
The re-registration wouldn't be too bad if it were easy to do. I guess I see the reasoning - it would theoretically cut down on guns being resold illegally, etc.
But the key is logistics. If they really mean for these things to be useful, then make them easy to do. Make it easy to get the training, in existing NOVA or MD facilities. And allow for easy re-licensing.
Otherwise, they are intentional road-blocks to gun ownership.
Being DC, anybody want to lay odds on which it really is?
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No thank you. I don't want a bunch of (untrained) gun packing DC residents coming to Virginia.
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They could use Harriette Walters' face on the training targets. Good way for DC gun owners to vent.
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I really hope DC gun training goes as well as DC emissions inspections, with a line of people stretching around the block at 6am.
Except pointing guns at eachother.
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Let me see if I understand this: All these new Council rules that they're making up as they go along will help reduce the chances of guns being used to commit crimes. Right? So.....since DC had the country's toughest gun ban for 30 years and also had one of the highest gunshot rates, clearly the ban worked well with criminals.
Here's an idea for the Council: If a person is caught with an illegal gun, they go to jail for a mandatory minimum of 1 year. If they commit a crime with a gun, they get an additional mandatory minimum of 5 years tacked onto their sentence. If they're convicted of any gun crimes, they lose all rights to public assistance.
Let's stop pretending any Council-mandated hurdles to citizens using their Second Amendment rights is going to stop criminals from using guns the same way they have for the past 30 years the gun ban was in effect. If you want to stop the shootings and killings, then pretend you're serious with the criminals.
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All the more reason to purchase a barbary guard ape, bloodthirsty babboon, or attack macaque. No licensing. No training. And when your primate mauls an intruder, you eat your "weapon" and nobody's the wiser. Unless you're foolish enough to have the remains of your "pet" stuffed, mounted, dressed as Dale Evans, and put on display in your walk-in humidor. Take it from me: big mistake.
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"Sure, the city has been, ummmmm, under the gun from Congress to act on the Supreme Court's somewhat vague ruling,..."
Not so vague really, more of an emphatic statement
"In sum, we hold that the District’s ban on handgun possession in the home violates the Second Amendment, as does its prohibition against rendering any lawful firearm in the home operable for the purpose of immediate self-defense. Assuming that Heller is not disqualified from the exercise of Second Amendment rights, the District must permit him to register his handgun and must issue him a license to carry it in the home." DISTRICT OF COLUMBIA v. HELLER (554 U. S. ____ (2008) slip op at 64
The Supremes chose not to address the registration/license issue because they (and the appeals court) assumed that DC would issue them on a reasonable basis. Given that DC is now trying to impose regulations more burdensome than Cali's or Mass' and act as a de-facto bar on ownership again (remember the revolver only regs in the first pass?) It will end up in court again and DC will allow the court to move the bar even farther into the land of CCW and unregulated transfer
Go Team!
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I love guns and I love shooting at all sorts of things, but this has gone too far.
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You're on a slippery slope, Cranky. If the Council stops rubberstamping pointless, feelgood legislation, what purpose does it serve at all?
I'll tell you what purpose they serve, but first we have to get a giant snowglobe, some panda outfits, a crate of scorpions, and power of attorney.
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Hey Everybody listen up! Hold it. Hold it.
I just solved the gun problem. Are you ready?
Here it is:
You can own a gun, only after you solder the front of the instrument closed.
When you point the instrument at a person. Squeeze the trigger and yell, "BANG!". If the person you are aiming at is honest, he or she shall fall down as if struck down by BIG GOD.
Now everybody happy.
You're welcome!
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"I don't want a bunch of (untrained) gun packing DC residents coming to Virginia."
Yeah, Virginia has enough untrained gun packing residents.
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FYI - Eddie Eagle's advice also works if you discover you have the crabs.
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Old and Cranky,
The problem with the mandatory sentence idea is that now, with these new regulations, you will likely have a lot of people doing time just because they did not get their annual affirmation to DCPD that they are, in fact, not criminals post marked by the due date.
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Ask Eddie Eagle does his advice work when the kids
see a cop with a gun.
Kid: Hey officer! I see a gun.
Occifer: Yeah! I know, it's mine.
Kid: But Eddie Eagle said if I saw a gun..
Occifer: Whose this Eddie Eagle guy? Some kind of guardian?
Kid: No, he's an eagle
Occifer: (thinking) Jeez! This kid's a tard.
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They pretty much made certain that no one could ever open a gun shop or a firing range, via the zoning code. After all the Zoning Code plus fired up NIMBYs in Ward 5 is the way they got rid of the gay strip clubs after they plunked down that $700 million Lerner family boondoggle in SE. 'Course the feds and the cops have plenty of indoor ranges in the city but, natch, hoi polloi won't be able to use them.
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Put the shooting range in Ward 8. It's practically an open-air shooting range already, and folks are so used to gunfire they don't even duck anymore.
Also, Barry's running out of things to complain about ever since they brought back free-range babies to the Council's breakfast buffet.
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"So.....since DC had the country's toughest gun ban for 30 years and also had one of the highest gunshot rates, clearly the ban worked well with criminals."
Sortof like the super pro-gun laws in Richmond and New Orleans sure curbed those crime rates, yes?
Oh, wait.
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No thank you. I don't want a bunch of (untrained) gun packing DC residents coming to Virginia.
Why on earth not? Wouldn't it make Virginia that much safer?
(I mean, if guns prevent crime, and training requirements are unduly onerous, then there's no reason not to welcome gun-toting District residents with open, but safety-engaged, arms.)
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@HCE: I meant that rather than all these new requirements on people that actually want to register their guns and comply with the laws, the Council should focus more of its time and legislative energies on those who aren't so keen on complying with the laws.
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I am in agreement with you cranky.
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Whats your point hillman?
Even if we accept that pro gun law does nothing to curb crime we are then no better off nor worse off no matter what is adopted.
So why should we deny a constitutional right if it has no effect in society?
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i won't speak for hillman, but my point would be that having pro-gun laws has been associated with increased gun traffiking and even higher gun crime rates for those states with the laws. So my question would be, why not impose minimal regulations if they have been shown to have a positive effect on society?
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DC's onerous training and registration requirements far exceed those of any state in the union, and are a transparent attempt to deter citizens from legal firearms ownership.
Meanwhile, every punk on the street has a gun tucked in their waistband. And in the unlikely event they get arrested, that gun possession charge won't get them any jail time.
Score:
Law-abiding citizens: 0
Sociopathic criminals: 1
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"Whats your point hillman?"
My point is that gun crime stats are all over the place. Yes, DC has had very high crime rates, with severe gun restrictions. But you could argue pretty successfully that in the case of DC our proximity to Virginia made our gun laws ineffective.
But New Orleans and Richmond both have terrible crime rates, and you're pretty much given a gun at birth in those towns.
And NYC has one of the lowest gun crime rates, with some of the strictest gun control laws.
And I'm sure some cities with loose gun laws have much lower crime rates than DC.
In any event, those that claim either very strict gun laws or very lenient ones will bring us a utopia without crime are fooling themselves, and pointing out only selective cities as examples isn't showing the whole picture.
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Dear Councilwoman Cheh,
I am a District resident and would like to exercise my 2nd Amendment rights. Being a green lefty sort, I do not own a car. Since the Council has made no provisions for firearms training within the District, I would appreciate it if you could personally drive me to a suitable range in Virginia. Please let me know when this is convenient for you.
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I actually sent the above email. Wanna take bets on her responding?
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Hillman,
You pretty much confirm what I've thought for a long time--crime patterns are not affected by gun control efforts either way. Therefore, there is logical reason to restrict guns because of increases in crime. BTW-Richmond has strict laws.
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The council needs to re-define the term "gun" to mean "any device with a hole in it capable of shooting hot stuff." That way, we can have Jim Graham arrested for possession of a two dangerous devices: his mouth and his wang.
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What all the news stories miss is that DC persists in blaming guns for crime instead of the criminals. The new law also enacts a ban on so called assault rifles, i.e., ugly black guns as opposed to the pretty ones with the wood stocks. So if your rifle has a pistol grip, they won't register it. How long before the courts knock that down?
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I want people to undergo training before they type on the internet. Martin Austermuhle, you should be required to undergo training before being allowed to post on DCist.
Oh, and you don't understand why the NRA runs training programs and yet opposes these laws? It's very simple so I will try to use short words for you: one is voluntary, the other is mandatory. I understand that is a distinction many liberals have problems with.
There are plenty of things that are fine and dandy but become polluted and corrupted by force. Just think of the difference between sex and rape as one example.
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Let's not be disingenuous. The League of Women Voters runs seminars on how to be a more informed voter. Do they support denying the vote to anyone who has not taken them?
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Does anyone know where to get a copy of these bills? Mendelson's office has been promising/stonewalling me for the past two weeks trying to get copies of the proposed bills while the DC Council Legislation website remains un-updated. Anyone else pissed that the Council voted to pass this stuff without giving citizens the right to review and comment on the law?
I'm not impressed.
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Timmeroo,
I got a copy from Wells office a few days before the vote. However, it looks like it changed since then since I read that the annual certification provision was removed. I also find it suspect that it was not available online. Keep on Phil about it.
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I just read the first draft...ugh. I don't think the Council could have put MORE laws and restrictions in the bill.
We will have a 21st Century set of restrictions on an 18th Century law which specifically states "shall not be infringed."
I think DC should start imagining what an infringement of nearly any other right they like might look like, then ask if that's fair to do to the 2nd Amendment, if given equal footing. Sorry, DC isn't allowed to have my "assault weapon" which I jumped through all their hoops to get.
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Timmeroo,
What kind of rifle do you have?
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I went a bit overboard with a POF 415, which is similar to an AR-15. Great for target shooting, defense, and small game hunting. Have to stick to 10 round magazines, but no worries.
I imagine they'll simply not allow me to re-register it after three years, which will be a great time to take them to court for restricting a weapon "in common use at the time" (ARs are super popular) that is not "dangerous or unusual".