Here we have two articles from NBC4 and the Washington Post on what DC plans to do in the wake of Heller. It appears to be "business as usual" for the gang of petty tinpot tyrants that rule the District Council. Phil Mendelson, a DC council member, is planning to introduce legislation to meet the requirements of the Supreme Court ruling.
He is doing anything but. If you are a District resident looking to own a gun, I hope you will find this information useful. I am using the WP article. Here's the opener...
District gun owners would be able to keep weapons in their homes, loaded and without trigger locks, for "immediate self-defense" under legislation being introduced in the D.C. Council today.This is only half-true. You'll see why. This type of language is so typical of lawyers. Here's why...
Technically, the legislation would still require that firearms be kept unloaded and disabled, but it would provide a broad exception for guns that are present in the home for the purpose of "immediate self-defense." The exception is intended to address the high court's objection to a requirement that all guns be kept unloaded and either disassembled or outfitted with trigger locks.Everything hinges on that "broad exception". "Technically" is lawyer codespeak for "a clever phrasing in the law we can prosecute you under".
If the exception is written that guns must be locked, disassembled or unloaded until needed, then it is in violation of the Supreme Court ruling. An exception for self-defense is worthless if it requires any steps to render a firearm operable. It may not sound like much but think about it. What if they require the gun to have a trigger lock if it is stored loaded? Or requires the gun to be stored unloaded (with the assumption the District would define unloaded as no ammunition in the gun)? Or requires a loaded gun to be stored in a locked safe until needed?
There are all kinds of ways they can carve the exception to make it appear they allow handguns for self-defense but really won't. If you as a private citizen are not permitted to keep a loaded gun in your nightstand or under your pillow as you see fit, then the exception flies in the face of what the Court ruled.
The Court ruled that requiring a firearm in the home to be rendered inoperable and not available for immediate use is Unconstitutional. The District cannot and must not require you to store a gun intended for self-defense in any form of disabled state.
Recommending that you store the gun unloaded or locked when not around or not needing it is different. That is a recommendation. It should not and must not be the law. How they write this exception will be very important.
The question I would ask the DC Council would be plain as day: "Under your proposed exception, can I leave a loaded handgun unsecured in my dresser drawer for immediate self-defense?". If the answer to that is anything other than "Yes.", they are trying to pull a fast one. Don't let them.
They try to justify it with this...
The exception would extend to firearms at the owner's "place of business, or . . . being used for lawful recreational purposes within the District of Columbia," according to the draft.Sorry. Fail. That exception for place of business and lawful recreational purposes already exists for rifles/shotguns. Extending that exception for handguns is insufficient because that was one of the laws that was struck down by the Supreme Court! The Court ruled an implied exception for self-defense was insufficient and because they failed to identify such a need explicitly (especially given they had gone to the trouble to do so for places of business), the lack of a self-defense option in the home amount to a total prohibition on lawful use for self-defense.
See how clever the District is trying to be? Simply adding "handguns" to the existing Unconstitutional exception is not sufficient. This is the most important aspect to them squirming over trying to rework the law to let District residents have handguns in theory but make it all but impossible in practice.
The District must be required to spell out an explicit self-defense exception for in the home within the law without condition for handguns. Otherwise, they are trying to avoid complying with the ruling.
Here's more:
Interim Attorney General Peter J. Nickles, who has said he wants a strong trigger lock requirement, said he will request that the council delay any action until the administration of Mayor Adrian M. Fenty (D) can review the bill and offer comment.How much stronger can he possibly want it? Peter Nickles had better give Justice Scalia a call for clarification. If he demands any requirement that a gun be stored with a trigger lock before being needed, he will be in direct contradiction to the ruling.
Trigger locks are off-the-table as a legal requirement, Peter. The Court said so. You cannot force District residents to lock up self-defense arms prior to immediate use. You don't get to decide that; the gun owner does. The most I would be willing to concede is a requirement to lock the firearm when no one was in the house. Although that goes against my sense of personal rights to decide the manner in which I choose to make a self-defense gun available, it would be a huge step forward for a District resident who's had none for 32 years.
And then there's this:
The legislation would require a ballistics record for registered handguns and a waiting period for registration. The length of the waiting period would be determined by the D.C. police chief.The police chief had better make that registration period really short. And it better be "shall issue" and better be consistent for everyone lest she run afoul of the Court admonition that such licensing not be done in "a arbitrary or capricious" fashion.
The ballistics requirement is the really sneaky bit here. By introducing that requirement, they are trying to torpedo the ability of anyone to register a handgun in the District. For one simple reason:
Where are you going to get the ballistics information from?
The State of Maryland requires every handgun sold in the state to be sold with a fired cartridge casing provided by the manufacturer. That casing is turned over by the dealer to the State Police for its (theoretical) inclusion into the ballistics database.
There haven't been handguns legally sold in the District for 32 years. Where on earth are you going to get ballistics information from? I suspect they threw this in there out of pure spite. Ballistics databases do not work. The one in Maryland has been around for over decade, costs over 2 million dollars per year and has solved exactly zero crimes in that entire time.
Want to bet they'll either ask for you to give them the gun to get the ballistics from beforehand and held on to for whatever arbitrary period they decide is necessary or require you to send the gun back to the manufacturer to get it? At your expense.
Don't tell me this isn't a way to reduce the number of gun registrations to near zero. I wonder what they're going to do with Dick Heller regarding this? Fortunately, his lawyer is involved in "helping" the District with their new law:
I hope he keeps on them. If you're a District resident looking to obtain or register a handgun in the future, the hearing is tomorrow at 12:00 p.m., in Room 412 of the John A. Wilson Building. Be there and put their feet to the fire on this and make sure they don't try anything to pull the wool over your eyes.Lawyer Alan Gura, who successfully argued against the handgun ban before the Supreme Court, said in an interview that the waiting period for the city's legal firearms -- rifles and shotguns -- is already "onerous and kind of odd."
"It can take months and months," he said. "You have to submit a picture. They fingerprint people. . . . I don't believe it should take five or six months to purchase a gun."
An instant background check should be incorporated into the city's new laws, he said.
After looking at the draft yesterday, Gura said in an e-mail, "It's a good start, but there are other issues with the code."
In particular, he is concerned about the city's decision to continue a ban on semiautomatic weapons, which he said is unconstitutional.
You have a Constitutional right to own a loaded, unlocked, ready-to-use rifle, shotgun or handgun in your home. Make sure you remind them of that and help to take back your rights.






















