DC: Semiauto pistol = Machine gun

[natman]

There's a new wrinkle in the DC refusal to allow semiautomatic handguns post-Heller. It seems that DC has perverted the language to define ANY semiauto pistol that COULD possibly hold more than 12 rounds to be a "machine gun". Since almost all semiautos could hold more than 12 rounds if you had a magazine long enough, this means almost all semiauto pistols are considered illegal. Since this law was not directly challenged by the Heller case they plan to stick to it.

"Nickles said the District will continue to enforce a separate decades-old D.C. ban on the possession of most clip-loaded semiautomatic handguns, which are popular with gun enthusiasts.

That regulation, which outlaws machine guns and was not part of the Supreme Court case, defines a machine gun in broad terms, encompassing semiautomatic weapons that can shoot, or be converted to shoot, more than 12 rounds without reloading, officials said. Nickles said that law remains on the books and will be enforced. "

http://www.washingtonpost.com/wp-dyn/content/article/2008/06/26/AR2008062603988.html

Despite the technicality of not being the law directly challenged, this law clearly fails the "commonly used" provision of Heller. Equally clearly DC officials are going to drag their feet as long as possible.

Why am I reminded of Lester Maddox and ax handles?

 

[TexasRifleman]

6 page thread on it here:

http://thehighroad.org/showthread.php?t=373548

 

[Blakenzy]

Funny how they make up their own definitions as to what an MG is... pretty far fetched.

 

[Hypnogator]

Why am I reminded of Lester Maddox and ax handles?

For the same reason I'm reminded of George Wallace's "Segregation Now, Segregation Forever" speech when I watch Mayor Daley practically frothing at the mouth, vowing to fight McDonald V Chicago all the way to the Supreme Court. It's denial of our civil rights, and is just as wrong now as it was in the '50's when "local officials" (who are now supposed to be responsive to their cities needs) denied voting rights on the basis of race.

We need to emphasize that point every time the anti's propose some new law or regulation that infringes on the 2nd.

 

[Sam Adams]

That regulation, which outlaws machine guns and was not part of the Supreme Court case, defines a machine gun in broad terms, encompassing semiautomatic weapons that can shoot, or be converted to shoot, more than 12 rounds without reloading...."

I'm Jewish. If I define a pig as equivalent to a cow because it also has four legs and gives birth to live young, that still doesn't make a ham and swiss kosher.

I hope that someone sues Fenty and the chief of police there personally for denial of civil rights. I think that such a suit is possible to win, now that the USSC has ruled that the 2nd protects a basic civil right (that of self-defense).

C'mon litigators, can our imaginary plaintiff win a Section 1983 suit?

 

[natman]

This just shows the danger of giving bureaucrats a catagory of resticted items. Once they've got it, they can't resist tossing things into it.

 

[Sam Adams]

You know, the thought occurred to me that just as DC is bound by the 2nd Amendment because its government is a creature of Congress, so is it also bound by federal definitions appearing in the US Code. Thus, DC CAN'T have a definition of "machine gun" that's different from that in the US Code and any appropriate federal regulations.

 

[natman]

You know, the thought occurred to me that just as DC is bound by the 2nd Amendment because its government is a creature of Congress, so is it also bound by federal definitions appearing in the US Code. Thus, DC CAN'T have a definition of "machine gun" that's different from that in the US Code and any appropriate federal regulations.

"'When I use a word,' Humpty Dumpty said, in a rather scornful tone,' it means just what I choose it to mean, neither more nor less.'

'The question is,' said Alice, 'whether you can make words mean so many different things.'

'The question is,' said Humpty Dumpty, 'which is to be master - that's all.' "

From Through The Looking Glass
by Lewis Carroll

 

[Zoogster]

Funny how they make up their own definitions as to what an MG is... pretty far fetched.

Only a little more far fetched than the federal definition.

In military terminology a machinegun is certainly not all full auto firearms, whether carbine or rifle or pistol.

It is a support weapon firing rifle rounds. Like those most infantry units have at least one of to provide suppressive fire. Usualy they are belt fed weapons.

You have your light and heavy machineguns.

Calling anything that fires more than one round with a pull of the trigger a "machinegun" is itself not consistent with the meaning of the word.
However since they clearly define what they are talking about (well unless your semi auto hiccups and they arrest you for it) it does not really matter what they call it, we know what they mean.

 

[jlbraun]

Can we use DC's asinine definition of what a machinegun is to take apart 922(o)?

Get a ruling like:

HELD: The US federal government must start accepting registration of machineguns.

 

[ReidWrench]

No more inconsistent than calling a shoelace a machinegun .

 

[Defensory]

If Fenty and company want to continue making fools of themselves, let them.

He and his legal stooges will have a hard time proving that semi-auto handguns are machine guns. In most states, you can walk in virtually any gun shop and many sporting goods stores, and purchase a high capacity semi-auto handgun.

It requires no more than a standard gun permit from your local sheriff's department.

Good luck trying to get a machine gun permit from your sheriff's department.

They're obviously two different types of weapons, and Fenty will simply be given yet another legal smackdown if he wants to continue to be a hammerhead.

 

[damien]

The Heller decision threw their law out. Now they want to support their new law with a definition from the old one that was found to be illegal. The definition also flies in the face of common sense and the definitions of the federal government and exactly 50 out of 50 states.

Whatever. They are going to lose in court, count on it.

 

[Jeff White]

duplicate thread: http://www.thehighroad.org/showthread.php?t=373548