DC to ban magazines and clips over 10 rounds

[LAR-15]

News Release for Immediate Release
September 15, 2008

Mayor Fenty, Council Announce New Emergency Legislation to Amend the District’s Gun Law

Today Mayor Adrian M. Fenty, joined by members of the Council of the District of Columbia and Acting Attorney General Peter J. Nickles introduced new emergency and temporary legislation to further amend the District’s firearms laws.

“This new legislation is the second step in the process to do all that we can to minimize handgun violence in the District,” said Mayor Fenty. “These actions will continue to protect our citizens from gun violence while respecting the Second Amendment.”

“We believe that any legitimate concerns by Congress on District gun laws should satisfied by the new laws,” said Acting Attorney General Nickles.

The legislation will:

1. Change definition of a machine gun. The definition of machine gun will be changed to track the federal government and several other states. The District will allow semi-automatic firearms while preserving a ban on all automatic weapons.

a. It will now be illegal to possess, sell, or transfer any large capacity ammunition feeding device that has a capacity greater than 10 rounds of ammunition.

b. the one pistol per person temporary registration limit will be removed and replaced with a one pistol per month limit.

2. Add Child Access Provision. The current safe-storage law will be changed to make its current restrictions recommended instead of mandatory behavior. The Child Access provision will not allow District residents to store or keep any loaded firearm on any premises if they know that a minor is likely to gain access to the firearm unless the firearm is:

a. Kept in a securely locked box, secured container, or in a location which a reasonable person would believe to be secure; or

b. carried on the person or within such close proximity that a person can readily retrieve and use it.

3. Clarify the limited circumstances when a firearm maybe carried without a license. The District’s laws are restated to make clear the limited circumstances when registered firearms may be carried without a license to include:

• Within the registrant’s home;
• While it is being used for lawful recreational purposes;
• While it is kept at the registrant’s place of business; or
• While it is being transported for a lawful purpose as expressly authorized by District or federal statute and in accordance with the requirements of that statute.

“The Council continues to move expeditiously to meet the requirements of the Supreme Court decision, keeping in mind the public safety of our citizens, and taking into account the feedback we’ve received over the past few months from residents and legal experts. We will take another step tomorrow at our legislative meeting by considering amendments to the emergency bill now in place, while the Council continues to move ahead to pass a permanent law in the best interests of residents of the District of Columbia,” said Council Chairman Vincent Gray.

“We said in July that these immediate changes to the law are a work in progress,” said Councilmember Phil Mendelson, chair of the Committee on Public Safety and the Judiciary. “The amendments I am offering tomorrow respond to the concerns raised after our first emergency bill was acted upon. We will have another hearing this week, and that will better inform our action on permanent legislation this fall.”

"The Department is working closely with the Office of the Attorney General and Councilmember Mendelson to ensure that MPD implements a firearms registration process that fully complies with the Supreme Court decision allowing District residents to keep a firearm in their home,” said Police Chief Cathy L. Lanier. “At the same time, rest assured that we are continuing strong enforcement of criminal gun laws.”

 

[Standing Wolf]

“These actions will continue to protect our citizens from gun violence while respecting the Second Amendment.”

Wow! Two lies for the price of one! What a deal!

 

[foghornl]

There is no "Gun Violence". It is Violence aided and abetted with the criminal mis-use of a gun.

I REALLY wish some folks could grasp that concept.

 

[Bubbles]

Link? As crazy as this release is, I half expect it to be from the Onion... except it's DC.

 

[maestro pistolero]

Let's implement H.R.6691 anyway, and set the precedent that mag bans are unconstitutional.

Standard capacity magazines are part and parcel of the guns that are in common use, and therefore not subject to be banned.

 

[Chrome]

Still, its hard to see this as anything other than a win. Not the win we hoped for, but still a win.

Later,
Chrome...

 

[Prince Yamato]

I really hope someone challenges the mag-capacity ruling. That's what I want to see. I want a win that says, "you cannot make an arbitrary ruling about magazine capacity in a weapon."

I honestly had a gut feeling they were going to rule that way. At least they can now have semi-autos in DC, so it is a win in one respect but it's a neutered win.

 

[CountGlockula]

PLEASE contact the City Council in mentioning that the number of rounds in a magazine doesn't make a difference!!!

 

[Creature]

Link? As crazy as this release is, I half expect it to be from the Onion... except it's DC.

here's the link...straight from the DC mayor's office:

http://www.dc.gov/mayor/news/release.asp?id=1380&mon=200809

 

[Dgreno]

I just found out that I might have to live in DC for a few months next year.
This is good news but still insanity at its best. I know mags can be no more than 10 rounds, but that should be more than enough. How do they feel about 1 in the chamber in addition to the 10? I don't own a handgun mag that holds more than 10 rounds and I don't feel under gunned. I am sure I will get flamed for this statement, but is that not the argument that revolver people use for only having 5 or 6 shots?

 

[damien]

Am I reading this correctly? Are they ceding the fight on "assault weapons" here? Barrett .50's , AR-15's, Mac-10's, etc. right now are banned in DC because they are "machine guns" - not for any other reason. If they cede the "machine gun" nonsense then those weapons will be legal, assuming a 10 round magazine is used. Is this the case?

If they cede that, it is a *huge* political victory because the most anti-gun jurisdiction acknowledges that a ban on semi-automatic military-appearance arms is unconstitutional. It would make DC more "gun friendly" than NYC, NJ, MD, and CA.

 

[Henry Bowman]

As crazy as this release is, I half expect it to be from the Onion... except it's DC.

Last September I spent a week in DC on business. I was amazed to see that the Onion is sold in a street vending machine right next to USA Today, Wa Po, etc. on Capitol Hill within a block of the Capitol building. No wonder that place is so screwed up.

 

[buzz_knox]

I don't own a handgun mag that holds more than 10 rounds and I don't feel under gunned.

Would it bother you if they decided that you could only have a magazine with 2 rounds capacity? How about three, or just one round in the mag? Statistically, you don't need any ammunition at all so you should feel as safe.

And that's not a flame. That's just pointing out that you should never allow your own personal preferences dictate what "should be more than enough." When you start doing that, you allow others to do it to you, which is exactly what DC is doing.

 

[Dope]

Big improvement, it's actually pretty much the same as MA now except for the 1-gun-a-month part (what on earth is the point of that anyway?).

Actually, MA is kinda worse, since you can only buy "approved" firearms that have been drop-tested and all that crap. Basically, most Sigs, Taurus, Ruger, S&W, some glocks/hks and not a lot else.

If DC ends up with better gun laws than MA then that will say a lot

Dope

 

[Sistema1927]

Things are getting better. Little by tiny bit of little, but still getting better.

Remember, it was only a matter of months back that ANY semi-auto was a "machinegun" in the eyes of the DC authorities.

 

[Dgreno]

I am afraid I did not make my point clear. What I was saying is that I have heard the revolver argument many times that 5 "should be" more than enough. I find this argument unfounded and a bad idea. I was thinking along those lines when I posted. I am not advocating mag restrictions by any means and I am sorry if it appeared as though I approve of/support the restrictions.

 

[ilbob]

congress should just pre-empt DC in the area of firearms regulation altogether. then legal owned machine guns could come to DC. that would make them really nuts!

 

[Bubbles]

Am I reading this correctly? Are they ceding the fight on "assault weapons" here?

I'd guess that it depends on the final wording of the DC code. The changes may only apply to handguns.

It would be sweet if they dropped - even inadvertently - the prohibitions on semi-auto rifles and .50-cal firearms while rewriting their laws.

 

[wideym]

Will that mean anyone arrested or convicted of "possesion of machincegun" ie semiauto pistol will have the charges dropped and/or released from jail?

 

[Omaha-BeenGlockin]

Almost sounds reasonable after their first Draconian laws were passed.

Too bad we're not falling for it.

 

[tinygnat219]

Last September I spent a week in DC on business. I was amazed to see that the Onion is sold in a street vending machine right next to USA Today, Wa Po, etc. on Capitol Hill within a block of the Capitol building. No wonder that place is so screwed up.

Henry,

It's given away. The newspaper appears once a week and it's free.

 

[Orange_Magnum]

The politicians are scared of the people, hence the 10 round limit. This is clearly unconstitutional, just as the machinegun is. Why do people elect such anti-American politicians? The people D.C. are punished hard for their stupidity so in a way it's fair. Take the poverty of leftwing politics! Stop whining!

 

[Bubbles]

Bill allows semi-automatics with limited rounds in D.C.

D.C. Council member Phil Mendelson says he will propose regulations Tuesday that would legalize semi-automatic handguns in the District because the stopgap legislation the council passed in response to a Supreme Court ruling "would not stand up to judicial scrutiny."

"The Supreme Court has spoken, and we have to act accordingly," he said. "We are still going to have a strong gun control law."

Mr. Mendelson, at-large Democrat, said the bill will refine the city's definition of machine guns by using wording from other jurisdictions and the federal assault-weapons ban, which has since expired. The bill also will cap at 10 the number of rounds a semi-automatic gun magazine can hold.

The bill would undercut two federal challenges to the law: a bill in the U.S. House to be considered as early as Tuesday that would relax gun-control regulations in the District, and a lawsuit in U.S. District Court filed by Dick Anthony Heller of the District v. Heller Supreme Court case.

A ruling on the Heller case in June struck down the District's 32-year-old ban on handguns but did not address the city's broad definition of a machine gun, which effectively bans most semi-automatic pistols.

Gun advocates say D.C. officials have been flouting the court's ruling and perceive the bill as a victory.

However, others say the District is still trying to be too restrictive.

Mike Stollenwerk, co-founder of OpenCarry.org, said he is pleased that the bill would legalize semi-automatic handguns and make them easily accessible for self-defense, but does not like the cap on magazine capacity.

"It may be progress but it shouldn't have to be like this," he said. "It's just another stick in the eye to gun owners."

Most jurisdictions and federal law generally define machine guns as those capable of firing multiple rounds with a single press of the trigger or guns that can be modified easily to do so.

The District currently allows residents to register revolvers, which typically hold six or eight rounds and cannot be modified to hold more. Lawmakers and public safety officials said they want in part to limit gun owners' potential to overpower police.

The bill also will change safe-storage provisions to advisory regulations - meaning gun owners would no longer be required to keep their guns unloaded, locked up or disassembled - but will create criminal penalties for gun owners who give children access to guns.

Council Chairman Vincent C. Gray, a Democrat, said he agrees that the District's gun laws may be too strict to stand up in court but that the council will keep them as tight as possible while still complying with the high court ruling.

"Some of the things you do are not personally popular but you have to ensure their legal soundness," he said.

Mr. Gray also said he has spoken with several council members about the new bill but is not sure how they will vote.

Council member Tommy Wells, Ward 6 Democrat, said he is undecided and that he has concerns about the Second Amendment, which addresses the right to own a gun.

"It's an antiquated part of the Constitution," he said. "It's about self-defense, not guns. I don't want us to be the battleground for America."

Council member Jim Graham, a Ward 1 Democrat who has tackled several public-safety issues related to guns, did not say how he would vote but called the issue "very troubling."

National Rifle Association chief lobbyist Chris W. Cox said the District is still trying to find ways to circumvent the court's ruling and that the new bill is a response to federal pressure rather than progress.

"Everything the District has done is a desperate attempt to hold on to a failed and rejected gun-control scheme," he said. "The only reason they're trying to do anything is because they're seeing imminent congressional action."

Residents and other community leaders have been overwhelmingly opposed to the court's decision and have asked the 13-member council to make gun laws as strict as possible.

Ronald Moten, co-founder of the anti-violence group Peaceoholics, said the bill would give more young people access to guns. Mr. Moten also said he is disappointed that the city is not fighting to keep current regulations.

"What do we say to the children when we're giving up in a fight that's for them," he asked. "We're supposed to fight this to the end."

The council in July passed the emergency legislation, which regulates handgun registration, use and storage. It expires in mid-October.

Dick Anthony Heller (center) leaves the Metropolitan Police Headquarters carrying his 22-caliber handgun in a red bag in the District on July 18. The D.C. Council will propose legislation Tuesday to legalize semi-automatic handguns. (Joseph Silverman/The Washington Times)

The District's handgun case has attracted national attention and has led to legal challenges against restrictions on handguns in other parts of the country. The NRA has filed lawsuits in several cities, including Chicago and San Francisco, to challenge their statutes.

 

[Yo Mama]

It's all Heller

They only caved in a bit due to Heller suing again aver not being able to have a 1911.

I hope he does not drop his new lawsuit.

 

[GEM]

a. It will now be illegal to possess, sell, or transfer any large capacity ammunition feeding device that has a capacity greater than 10 rounds of ammunition.

Oh, darn - my SW 1911Sc only carries 8 + 1.