Washington DC is above the Supreme Court
Friday, July 18th, 2008The recent ruling of the Supreme Court, District of Columbia v. Heller (07-290) establishing a constitutional right to have a gun for self-defense in one’s own home, struck down a 32 year ban on handguns in DC. The SCOTUS ruled that the 2nd amendment guarantees an individuals right to keep an bear arms, but in the majority opinion said that reasonable restrictions like disallowing convicted criminals from owning guns is permissible.
This set the stage for allowing residents of DC to own handguns. Unfortunately, DC believes they are above the law. Dick Heller, one of the first to try to register his handgun, was denied yet again. This time it was because his semi-automatic handgun is classified as a machine gun.
DC Law Statute 7.2501.1 defines a machine gun as:
| (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, more than 12 shots without manual reloading. |
Although, Heller’s gun had a 7shot clip, it could readily accept a larger clip and thus would be a machine gun under this definition (B).
Furthermore, DC has creates a new set of firearms provisions which effectively make it impossible to own anything except a revolver and to keep it in such as way that it would be useless in an emergency. The new law can be found here:
Firearms Control Act of 1975 Amendments
And here is how the police are to handle the new regulations:
Full articles can be found here:
http://www.wusa9.com/news/local/story.aspx?storyid=74036&catid=158
and here: