Psycho Posted July 16, 2008 Report Share Posted July 16, 2008 HANDGUN ONERSHIP IN THE DISTRICT OF COLUMBIA Ever since the U.S. Supreme Court struck down the DC Handgun Ban city officials have not been too happy and have been looking for ways to circumvent it. The Government of the District of Columbia just has to be itself to circumvent; namely, as lazy, incompetent and slow as District workers are, the government can allow the natural process to take place over the application process for a license to own a handgun, and applicants will be waiting up to six months for approval or to find out why their application intentionally got lost. Quote Link to comment Share on other sites More sharing options...
Guest DC Government Worker Posted July 17, 2008 Report Share Posted July 17, 2008 The District has set up a plan to immediately register firearms. Firearms Registration Unit Hours July 17-18, 2008 7 am – 3 pm Starting July 21, 2008 Monday-Friday, 9 am – 5 pm Location Registration will take place at MPD Headquarters only. You may not register a firearm at any other MPD facility. Metropolitan Police Department Headquarters (Main Entrance) 300 Indiana Avenue, NW, 2nd Floor Washington, DC 20001 Nearest Metro Stop: Judiciary Square (4th Street Exit) What Should You Bring? Your UNLOADED firearm (do not bring any ammunition) Payment for registration and ballistics testing Quote Link to comment Share on other sites More sharing options...
Psycho Posted July 17, 2008 Author Report Share Posted July 17, 2008 I hear that the turn out has been very low so far as of 11:20 am this day. The District has set up a plan to immediately register firearms. Firearms Registration Unit Hours July 17-18, 2008 7 am – 3 pm Starting July 21, 2008 Monday-Friday, 9 am – 5 pm Location Registration will take place at MPD Headquarters only. You may not register a firearm at any other MPD facility. Metropolitan Police Department Headquarters (Main Entrance) 300 Indiana Avenue, NW, 2nd Floor Washington, DC 20001 Nearest Metro Stop: Judiciary Square (4th Street Exit) What Should You Bring? Your UNLOADED firearm (do not bring any ammunition) Payment for registration and ballistics testing Quote Link to comment Share on other sites More sharing options...
Guest Guest Posted July 17, 2008 Report Share Posted July 17, 2008 Firearm Registration in the District of Columbia Firearm Registration in the District of Columbia On July 14, 2008, Mayor Adrian M. Fenty, joined by members of the Council of the District of Columbia, Acting Attorney General Peter J. Nickles and Metropolitan Police Chief Cathy L. Lanier, unveiled legislation and regulations on the registration and storage of handguns for self-defense in the home. The bill and rulemaking are necessary because of the United States Supreme Court’s June 26 ruling in District of Columbia v. Heller, which invalidated the District’s 32-year ban on handgun ownership. Separately, the Metropolitan Police Department (MPD) issued emergency rulemaking on firearms registration and the licensing of firearms dealers, to bring the District into compliance with the Heller ruling. * Notice of Emergency and Proposed Rulemaking (Firearms Regulations)** * Firearms Control Emergency Amendment Act* Amnesty Residents registering firearms during this 180-day period are granted amnesty from any gun possession charges that might apply. Amnesty for un-registered firearms begins on July 17, 2008 and will last 180 days. Residents will ONLY be permitted to transport the firearm from one’s residence to MPD Headquarters and back home again during the Firearms Registration Unit’s hours of operation. Firearms Registration Unit Hours * July 17-18, 2008 7 am – 3 pm * Starting July 21, 2008 Monday-Friday, 9 am – 5 pm Location Registration will take place at MPD Headquarters only. You may not register a firearm at any other MPD facility. Metropolitan Police Department Headquarters (Main Entrance) 300 Indiana Avenue, NW, 2nd Floor Washington, DC 20001 Nearest Metro Stop: Judiciary Square (4th Street Exit) What Should You Bring? * Your UNLOADED firearm (do not bring any ammunition) * Payment for registration and ballistics testing Cost The cost to register any firearm is $13 per weapon. Fingerprint processing and ballistics testing — also required — cost $35 and $12 respectively. The registration process may take up to 14 days. Who May Register a Firearm? Only District of Columbia residents with proof of residency may register an approved firearm with the MPD. Ballistics Testing A ballistics test will be conducted on every firearm registered in the District of Columbia. Owners should bring their firearms, but NO AMMNUITION. Ammunition for ballistics testing will be provided by the MPD. Frequently Asked Questions about Registering a Firearm 1. What types of firearms can I register 2. What types of things would cause me to be disqualified from being able to register a firearm? 3. What are the costs and how long does it take to apply to register a firearm? 4. Do I have to be fingerprinted? 5. What caliber weapon can I register? 6. Can I carry my firearm outside my home? What types of firearms can I register? Shotguns, rifles, and revolvers. However, a shotgun barrel cannot be less than 20 inches in length, and a rifle barrel cannot be less than 16 inches in length and must have a total overall length of 26 inches or more. No weapon can shoot more than one shot by a single function of the trigger, or semi-automatically shoot more than 12 shots without manual reloading or be readily converted or restored to do so. What types of things would cause me to be disqualified from being able to register a firearm? To qualify for registration of a firearm in the District of Columbia, you must meet all of the following criteria. You: 1. Must not stand convicted of a crime of violence, or have any prior weapons offenses. 2. Must not be under indictment for a crime of violence or weapons offense. 3. Must not stand convicted within the past five years for a narcotics or dangerous drug offense, threats to do bodily harm or for assault. 4. Must not have been acquitted of any criminal charge by reason of insanity or adjudicated as a chronic alcoholic by any court within the past five years. 5. Must not have been voluntarily or involuntarily committed to any mental hospital or institution within the past five years. 6. Must not suffer from a physical defect which would make it unsafe for you to possess and use a firearm safely and responsibly. 7. Must not be found negligent in any firearm mishap causing death or injury to another human being. 8. Must not be convicted of any felony, or prostitution-related offense What are the costs and how long does it take to apply to register a firearm? The cost to register any firearm is $13 per weapon. Fingerprint processing and ballistics testing — also required — cost $35 and $12 respectively. The registration process may take up to 14 days. Do I have to be fingerprinted? Yes. What caliber weapon can I register? Any caliber of weapon may be registered. Can I carry my firearm outside my home? No. source:http://mpd1dpsa102.blogspot.com/2008/07/firearm-registration-in-district-of.html Quote Link to comment Share on other sites More sharing options...
jmn0730 Posted July 17, 2008 Report Share Posted July 17, 2008 The # for the place of gun registration is (202) 727-9346. I called today and they told me that no one had gone to register their guns. Why is this? Below is information about registering your gun: Firearm Registration in the District of Columbia On July 14, 2008, Mayor Adrian M. Fenty, joined by members of the Council of the District of Columbia, Acting Attorney General Peter J. Nickles and Metropolitan Police Chief Cathy L. Lanier, unveiled legislation and regulations on the registration and storage of handguns for self-defense in the home. The bill and rulemaking are necessary because of the United States Supreme Court’s June 26 ruling in District of Columbia v. Heller, which invalidated the District’s 32-year ban on handgun ownership. Separately, the Metropolitan Police Department (MPD) issued emergency rulemaking on firearms registration and the licensing of firearms dealers, to bring the District into compliance with the Heller ruling. * Notice of Emergency and Proposed Rulemaking (Firearms Regulations)** * Firearms Control Emergency Amendment Act* Amnesty Residents registering firearms during this 180-day period are granted amnesty from any gun possession charges that might apply. Amnesty for un-registered firearms begins on July 17, 2008 and will last 180 days. Residents will ONLY be permitted to transport the firearm from one’s residence to MPD Headquarters and back home again during the Firearms Registration Unit’s hours of operation. Firearms Registration Unit Hours * July 17-18, 2008 7 am – 3 pm * Starting July 21, 2008 Monday-Friday, 9 am – 5 pm Location Registration will take place at MPD Headquarters only. You may not register a firearm at any other MPD facility. Metropolitan Police Department Headquarters (Main Entrance) 300 Indiana Avenue, NW, 2nd Floor Washington, DC 20001 Nearest Metro Stop: Judiciary Square (4th Street Exit) What Should You Bring? * Your UNLOADED firearm (do not bring any ammunition) * Payment for registration and ballistics testing Cost The cost to register any firearm is $13 per weapon. Fingerprint processing and ballistics testing — also required — cost $35 and $12 respectively. The registration process may take up to 14 days. Who May Register a Firearm? Only District of Columbia residents with proof of residency may register an approved firearm with the MPD. Ballistics Testing A ballistics test will be conducted on every firearm registered in the District of Columbia. Owners should bring their firearms, but NO AMMNUITION. Ammunition for ballistics testing will be provided by the MPD. Frequently Asked Questions about Registering a Firearm 1. What types of firearms can I register 2. What types of things would cause me to be disqualified from being able to register a firearm? 3. What are the costs and how long does it take to apply to register a firearm? 4. Do I have to be fingerprinted? 5. What caliber weapon can I register? 6. Can I carry my firearm outside my home? What types of firearms can I register? Shotguns, rifles, and revolvers. However, a shotgun barrel cannot be less than 20 inches in length, and a rifle barrel cannot be less than 16 inches in length and must have a total overall length of 26 inches or more. No weapon can shoot more than one shot by a single function of the trigger, or semi-automatically shoot more than 12 shots without manual reloading or be readily converted or restored to do so. What types of things would cause me to be disqualified from being able to register a firearm? To qualify for registration of a firearm in the District of Columbia, you must meet all of the following criteria. You: 1. Must not stand convicted of a crime of violence, or have any prior weapons offenses. 2. Must not be under indictment for a crime of violence or weapons offense. 3. Must not stand convicted within the past five years for a narcotics or dangerous drug offense, threats to do bodily harm or for assault. 4. Must not have been acquitted of any criminal charge by reason of insanity or adjudicated as a chronic alcoholic by any court within the past five years. 5. Must not have been voluntarily or involuntarily committed to any mental hospital or institution within the past five years. 6. Must not suffer from a physical defect which would make it unsafe for you to possess and use a firearm safely and responsibly. 7. Must not be found negligent in any firearm mishap causing death or injury to another human being. 8. Must not be convicted of any felony, or prostitution-related offense What are the costs and how long does it take to apply to register a firearm? The cost to register any firearm is $13 per weapon. Fingerprint processing and ballistics testing — also required — cost $35 and $12 respectively. The registration process may take up to 14 days. Do I have to be fingerprinted? Yes. What caliber weapon can I register? Any caliber of weapon may be registered. Can I carry my firearm outside my home? No. source:http://mpd1dpsa102.blogspot.com/2008/07/firearm-registration-in-district-of.html Quote Link to comment Share on other sites More sharing options...
Psycho Posted July 17, 2008 Author Report Share Posted July 17, 2008 Maybe those who do not want to register what guns they have intend to use them one day for illegal purposes! The # for the place of gun registration is (202) 727-9346. I called today and they told me that no one had gone to register their guns. Why is this?Below is information about registering your gun: Firearm Registration in the District of Columbia On July 14, 2008, Mayor Adrian M. Fenty, joined by members of the Council of the District of Columbia, Acting Attorney General Peter J. Nickles and Metropolitan Police Chief Cathy L. Lanier, unveiled legislation and regulations on the registration and storage of handguns for self-defense in the home. The bill and rulemaking are necessary because of the United States Supreme Court’s June 26 ruling in District of Columbia v. Heller, which invalidated the District’s 32-year ban on handgun ownership. Separately, the Metropolitan Police Department (MPD) issued emergency rulemaking on firearms registration and the licensing of firearms dealers, to bring the District into compliance with the Heller ruling. * Notice of Emergency and Proposed Rulemaking (Firearms Regulations)** * Firearms Control Emergency Amendment Act* Amnesty Residents registering firearms during this 180-day period are granted amnesty from any gun possession charges that might apply. Amnesty for un-registered firearms begins on July 17, 2008 and will last 180 days. Residents will ONLY be permitted to transport the firearm from one’s residence to MPD Headquarters and back home again during the Firearms Registration Unit’s hours of operation. Firearms Registration Unit Hours * July 17-18, 2008 7 am – 3 pm * Starting July 21, 2008 Monday-Friday, 9 am – 5 pm Location Registration will take place at MPD Headquarters only. You may not register a firearm at any other MPD facility. Metropolitan Police Department Headquarters (Main Entrance) 300 Indiana Avenue, NW, 2nd Floor Washington, DC 20001 Nearest Metro Stop: Judiciary Square (4th Street Exit) What Should You Bring? * Your UNLOADED firearm (do not bring any ammunition) * Payment for registration and ballistics testing Cost The cost to register any firearm is $13 per weapon. Fingerprint processing and ballistics testing — also required — cost $35 and $12 respectively. The registration process may take up to 14 days. Who May Register a Firearm? Only District of Columbia residents with proof of residency may register an approved firearm with the MPD. Ballistics Testing A ballistics test will be conducted on every firearm registered in the District of Columbia. Owners should bring their firearms, but NO AMMNUITION. Ammunition for ballistics testing will be provided by the MPD. Frequently Asked Questions about Registering a Firearm 1. What types of firearms can I register 2. What types of things would cause me to be disqualified from being able to register a firearm? 3. What are the costs and how long does it take to apply to register a firearm? 4. Do I have to be fingerprinted? 5. What caliber weapon can I register? 6. Can I carry my firearm outside my home? What types of firearms can I register? Shotguns, rifles, and revolvers. However, a shotgun barrel cannot be less than 20 inches in length, and a rifle barrel cannot be less than 16 inches in length and must have a total overall length of 26 inches or more. No weapon can shoot more than one shot by a single function of the trigger, or semi-automatically shoot more than 12 shots without manual reloading or be readily converted or restored to do so. What types of things would cause me to be disqualified from being able to register a firearm? To qualify for registration of a firearm in the District of Columbia, you must meet all of the following criteria. You: 1. Must not stand convicted of a crime of violence, or have any prior weapons offenses. 2. Must not be under indictment for a crime of violence or weapons offense. 3. Must not stand convicted within the past five years for a narcotics or dangerous drug offense, threats to do bodily harm or for assault. 4. Must not have been acquitted of any criminal charge by reason of insanity or adjudicated as a chronic alcoholic by any court within the past five years. 5. Must not have been voluntarily or involuntarily committed to any mental hospital or institution within the past five years. 6. Must not suffer from a physical defect which would make it unsafe for you to possess and use a firearm safely and responsibly. 7. Must not be found negligent in any firearm mishap causing death or injury to another human being. 8. Must not be convicted of any felony, or prostitution-related offense What are the costs and how long does it take to apply to register a firearm? The cost to register any firearm is $13 per weapon. Fingerprint processing and ballistics testing — also required — cost $35 and $12 respectively. The registration process may take up to 14 days. Do I have to be fingerprinted? Yes. What caliber weapon can I register? Any caliber of weapon may be registered. Can I carry my firearm outside my home? No. source:http://mpd1dpsa102.blogspot.com/2008/07/firearm-registration-in-district-of.html Quote Link to comment Share on other sites More sharing options...
Guest DC Resident Posted July 23, 2008 Report Share Posted July 23, 2008 Courtland Milloy is always on the cutting edge of what's real in this city. A Street Corner Analysis of D.C. Crime By Courtland Milloy Wednesday, July 23, 2008; B01 Driving through the District's Trinidad neighborhood the other night, I stopped to chat with three young men who were hanging out not far from where 13-year-old Alonzo Robinson was shot to death early Saturday. The corner boys, as they are sometimes called, are part of what is perhaps the most visibly anonymous demographic in the country. Young and black, feared and marginalized, they are the ones most likely to be viewed as a suspect in a crime and most likely to become the faceless victim of one. Nevertheless, if you want to know what's behind the rash of homicides in Trinidad -- 24 so far this year -- and to get a different take on how to stop the killings, these are guys to go to, on their turf and on their terms. "I keep a 'K' under my truck, just in case," Mike Smith, 19, told me, referring to an AK-47 assault rifle. His friends snickered. Whether Smith was joking or telling the truth, they wouldn't say. But when he added, "I've lost 10 homeboys so far," they nodded in solemn agreement. It was almost 10 p.m. Monday, two hours before "killing time," as they call the midnight hour in Trinidad. "You don't want to be out here after midnight," said Bobby Johnson, 18. "You see young 'uns riding three, four deep, you know what's about to happen." He called them young 'uns, meaning youngsters. But they are really young guns, shooters 17 and under. Alonzo was killed about 2:25 a.m. while standing with a cousin at Queen and Holbrook streets NE. Earlier that morning, about 1, another 13-year-old boy and a man were wounded by gunfire from another passing car. The way the corner boys see it, only a young 'un would be coldblooded enough to target a kid. Although no arrests have been made in either shooting, random, drive-by terror tactics have become the hallmark of the city's most ruthless teenage thugs. D.C. officials have tried a variety of countermeasures: a beefed-up gang task force, crackdowns on car thieves, a curfew for teenagers, stepped-up truancy enforcement. The latest is a police checkpoint on a Trinidad street, requiring motorists to show ID or be turned away. But as soon as the blockade was lifted last time, the killings started again. Making matters worse, police believe that several people know who killed Alonzo but refuse to come forward. "If we continue to accept the rule of thumb that we should not stand up for our communities, then we should not complain" about crime, Amin Muslim, an aide to D.C. Council member Yvette M. Alexander (D-Ward 7), said during an anti-violence rally in Trinidad last week. The corner boys scoff at such scolding. Before residents will start cooperating with police, they say, the department must overcome a reputation, made in the 1980s, as having too many cops who are poorly trained, trigger-happy and corrupt. I asked Johnson what he would do if he were chief of police. "If I was chief of police . . . wait, I can't be no police," he said. "But if I was in charge, I would tell the police to back off, all that posting up on the corner just aggravates the young 'uns, and they come back with a vengeance." So what's the answer? "I know a lot of people who wouldn't kill somebody if they knew they were going to get the death penalty," Johnson said. Moreover, he added, if killers were put to death, regardless of age, residents would be less reluctant to testify against them. Smith wasn't too keen on the idea. "Suppose you get bagged for killing somebody you didn't kill?" he said. "By the time they figure out they got the wrong man, it's too late to bring you back." Derrick Wood, 19, agreed. But he still sided with Johnson about the nature of the problem. "Everybody knows that young 'uns don't do time," Wood said, referring to the relatively lenient sentences meted out to juvenile offenders. "That just makes them bolder." He raised his hand as if holding a pistol. "They'll walk right up to you, not even wearing a mask, and slump you on the spot." Killing time. E-mail:milloyc@washpost.com Quote Link to comment Share on other sites More sharing options...
Guest DC Resident Posted July 30, 2008 Report Share Posted July 30, 2008 I think this puts everything into better perspective. Here is the original 2003 lawsuit. SHELLY PARKER, DICK ANTHONY HELLER, TOM G. PALMER, GILLIAN ST. LAWRENCE, TRACEY AMBEAU and GEORGE LYON, Plaintiffs, v. DISTRICT OF COLUMBIA and ANTHONY WILLIAMS, Defendants. COMPLAINT COME NOW the Plaintiffs, Shelly Parker, Dick Anthony Heller, Tom G. Palmer, Gillian St. Lawrence, Tracey Ambeau, and George Lyon, by and through undersigned counsel, and complain of the defendants as follows: THE PARTIES 1. Plaintiff Shelly Parker is a natural person and a citizen of the United States and of the District of Columbia. Ms. Parker resides in a high-crime neighborhood and is active in community affairs. As a consequence of trying to make her neighborhood a better place to live, Ms. Parker has been threatened by drug dealers. Ms. Parker presently intends to possess a functional handgun within her home for self-defense, but is prevented from doing so only by defendants’ active enforcement of unconstitutional policies complained of in this action. Ms. Parker fears arrest, criminal prosecution, incarceration, and fine if she were to possess a functional handgun within her home. 2. Plaintiff Dick Anthony Heller is a natural person and a citizen of the United States and of the District of Columbia. Mr. Heller resides in a high-crime neighborhood and is a Special Police Officer of defendant District of Columbia. As a Special Police Officer, Mr. Heller is licensed to and does carry a handgun in the course of his employment at the Thurgood Marshall Judicial Center in Washington, D.C., providing security for the federal judiciary. Mr. Heller lawfully owns various firearms located outside the District of Columbia, including handguns and long guns, and presently intends to possess a functional handgun and long gun for self-defense within his own home, but is prevented from doing so only by defendants’ active enforcement of unconstitutional policies complained of in this action. Mr. Heller applied to defendant District of Columbia for permission to possess a handgun within his home but was refused. Mr. Heller fears arrest, criminal prosecution, incarceration, and fine if he were to possess a functional handgun and/or long gun within his home. 3. Plaintiff Tom G. Palmer is a natural person and a citizen of the United States and of the District of Columbia. A gay man, Mr. Palmer has been assaulted on account of his sexual orientation and successfully warded off the assault with a handgun. Mr. Palmer lawfully owns various firearms located outside the District of Columbia, including handguns and long guns, and presently intends to possess a functional handgun and long gun for self-defense within his own home, but is prevented from doing so only by defendants’ active enforcement of unconstitutional policies complained of in this action. Mr. Palmer fears arrest, criminal prosecution, incarceration, and fine if he were to possess a functional handgun and/or long gun within his home. 4. Plaintiff Gillian St. Lawrence is a natural person and a citizen of the United States and of the District of Columbia. Ms. St. Lawrence lawfully owns a registered long gun, specifically, a shotgun, at her home in the District of Columbia. Ms. St Lawrence presently intends to keep the shotgun assembled and unlocked, and presently intends to use the gun if necessary in lawful self-defense within her home, but is prevented by defendants’ active enforcement of unconstitutional policies from rendering the gun useful and from ever using the gun in lawful self-defense within the home as otherwise permitted by District of Columbia law. Ms. St. Lawrence fears arrest, criminal prosecution, incarceration, and fine if she were to render her gun operational and/or use the gun within her home for self-defense. 5. Plaintiff Tracey Ambeau is a natural person and a citizen of the United States and of the District of Columbia. Ms. Ambeau would like to possess a functional handgun for selfdefense within her own home, but is prevented from doing so only by defendants’ active enforcement of unconstitutional policies complained of in this action. Ms. Ambeau fears arrest, criminal prosecution, incarceration, and fine if she were to possess a functional handgun within her home. 6. Plaintiff George Lyon is a natural person and a citizen of the United States and of the District of Columbia. Mr. Lyon lawfully owns various firearms located outside the District of Columbia, including handguns and long guns, and would like to possess a functional handgun and long gun for self-defense within his own home, but is prevented from doing so only by defendants’ active enforcement of unconstitutional policies complained of in this action. Mr. Lyon fears arrest, criminal prosecution, incarceration, and fine if he were to possess a functional handgun and/or long gun within his home. 7. Defendant District of Columbia is a municipal entity organized under the Constitution and laws of the United States. 8. Defendant Anthony Williams is the Mayor of the District of Columbia, and as such is responsible for executing and administering the District of Columbia’s laws, customs, practices, and policies. In that capacity, Mr. Williams is presently enforcing the unconstitutional laws, customs, practices and policies complained of in this action, and is sued in both his individual and official capacities. JURISDICTION AND VENUE 9. This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C. §§ 1331, 1343, 2201, 2202 and 42 U.S.C. § 1983. 10. Venue lies in this Court pursuant to 28 U.S.C. § 1391. STATEMENT OF FACTS 11. The Second Amendment to the United States Constitution provides: “A well regulated Militia being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed.” 12. At a minimum, the Second Amendment guarantees individuals a fundamental right to possess a functional, personal firearm, such as a handgun or ordinary long gun (shotgun or rifle) within the home. Defendants currently maintain and actively enforce a set of laws, customs, practices, and policies which operate to deprive individuals, including the plaintiffs, of this important right. Any such exercise of their Second Amendment rights would subject plaintiffs to criminal prosecution, and would lead to incarceration and/or fine. 13. D.C. Code § 7-2502.01(a) provides that “no person or organization in the District shall possess or control any firearm, unless the person or organization holds a valid registration certificate for the firearm.” 14. Although registration certificates are available for certain long arms, such as ordinary rifles and shotguns, D.C. Code § 7-2502.02(a) provides in pertinent part, “A registration certificate shall not be issued for a . . . (4) Pistol not validly registered to the current registrant in the District prior to September 24, 1976.” “‘Pistol’ means any firearm originally designed to be fired by use of a single hand.” D.C. Code § 7-2501.01(12). 15. Accordingly, defendants maintain a complete ban on the home ownership and possession of handguns by private citizens (non-law enforcement officers) who did not register a handgun prior to September 24, 1976. 16. D.C. Code § 7-2507.02 provides: Except for law enforcement personnel described in § 7-2502.01((1), each registrant shall keep any firearm in his possession unloaded and disassembled or bound by a trigger lock or similar device unless such firearm is kept at his place of business, or while being used for lawful recreational purposes within the District of Columbia. 17. Accordingly, defendants prohibit the possession of lawfully owned firearms for self-defense within the home, even in instances where self-defense would be lawful by other means under District of Columbia law. Indeed, the prohibition on the possession of firearms extends so far as to deprive a licensed firearms dealer from keeping firearms “for such person's private use or protection, or for the protection of his business.” D.C. Code § 7-2502.01((2)©. 18. A first violation of the District of Columbia’s ban on the ownership or possession of handguns or other functional firearms within the home for lawful purposes is punishable as a misdemeanor by a fine of up to $1,000, imprisonment of up to one year, or both. A second offense is punishable as a felony by a fine of up to $5,000, imprisonment of up to five years, or both, in the case of a handgun or other non-registerable firearm. D.C. Code § 7-2507.06. 19. Even the movement of a handgun from one location to another on one’s property carries a criminal penalty. Former D.C. Code § 22-3204 (emphasis added) provided: No person shall within the District of Columbia carry either openly or concealed on or about his person, except in his dwelling house or place of business or on other land possessed by him, a pistol, without a license therefor issued as hereinafter provided . . . However, defendants now maintain and actively enforce D.C. Code § 22-4504, which provides: ( a ) No person shall carry within the District of Columbia either openly or concealed on or about their person, a pistol, without a license issued pursuant to District of Columbia law . . . Whoever violates this section shall be punished as provided in § 22-4515, except that: (1) A person who violates this section by carrying a pistol, without a license issued pursuant to District of Columbia law, or any deadly or dangerous weapon, in a place other than the person's dwelling place, place of business, or on other land possessed by the person, shall be fined not more than $ 5,000 or imprisoned for not more than 5 years, or both; 20. Thus, while the penalty for carrying a handgun in public is five years imprisonment and/or $5,000, any person who carries a handgun on his or her own property is subject to one year imprisonment and/or a fine of $1,000 as set forth in D.C. Code § 22-4515 – even if the handgun could be legally registered. Licenses to carry a handgun are rarely, if ever, issued to private citizens (non-law enforcement officers). FIRST CAUSE OF ACTION U.S. CONST., AMEND. II, 42 U.S.C. § 1983 AGAINST ALL DEFENDANTS 21. Paragraphs 1 through 20 are incorporated as though fully stated herein. 22. By maintaining and enforcing a set of laws banning the private ownership and possession of handguns and functional firearms within the home, forbidding otherwise lawful self-defense usage of arms, and forbidding the movement of a handgun on an individual’s property, defendants are propagating customs, policies, and practices that violate the plaintiffs’ individual rights under the Second Amendment to the United States Constitution, damaging plaintiffs in violation of 42 U.S.C. § 1983. Plaintiffs are therefore entitled to permanent injunctive relief against such customs, policies, and practices. SECOND CAUSE OF ACTION DECLARATORY JUDGMENT ACT, 28 U.S.C. §§ 2201, 2202 AGAINST ALL DEFENDANTS 23. Paragraphs 1 through 22 are incorporated as though fully stated herein. 24. Plaintiffs are entitled to declaratory relief holding that by maintaining and enforcing a set of laws banning the private ownership and possession of handguns and functional firearms within the home, forbidding otherwise lawful self-defense usage of arms, and forbidding the movement of a handgun on an individual’s property, defendants are violating the plaintiffs’ individual rights under the Second Amendment to the United States Constitution. Plaintiffs are therefore further entitled to injunctive relief barring continued enforcement and maintenance of defendants’ unconstitutional customs, policies, and practices. PRAYER FOR RELIEF WHEREFORE, Plaintiffs request that judgment be entered in their favor and against defendants as follows: ON THE FIRST AND SECOND CAUSES OF ACTION: 1. An order permanently enjoining defendants, their officers, agents, servants, employees, and all persons in active concert or participation with them who receive actual notice of the injunction, from enforcing D.C. Code § 7-2502.02(a)(4), barring registration of handguns; permanently enjoining defendants from enforcing D.C. Code § 7-2507.02 in such a manner as to bar the possession of functional firearms within the home or on possessed land; and permanently enjoining defendants from enforcing D.C. Code §§ 22-4504 and 4515 in such a manner as to forbid the carrying of a firearm within one’s home or possessed land without a license. ON THE FIRST CAUSE OF ACTION: ON THE SECOND CAUSE OF ACTION: ON ALL CAUSES OF ACTION: 4. Costs of suit; and Respectfully Submitted, Alan Gura (D.C. Bar No. 453449) Gura & Day, LLC Robert A. Levy (D.C. Bar No. 447137) Clark M. Neily, III (D.C. Bar No. 475926) 1717 K Street, N.W., Suite 600 Washington, D.C. 20036 Phone: 202.550.8777 Fax: 202.318.4512 5. Any other further relief as the Court deems just and appropriate. Dated: February 10, 2003 3. Declaratory relief consistent with the injunction; 2. Attorney Fees and Costs pursuant to 42 U.S.C. § 1988; Quote Link to comment Share on other sites More sharing options...
Guest Paul Helmke Posted July 30, 2008 Report Share Posted July 30, 2008 Our fight to enact sensible gun laws will be undiminished by the Supreme Court’s decision in the Heller case. While we disagree with the Supreme Court’s ruling, which strips the citizens of the District of Columbia of a law they strongly support, the decision clearly suggests that other gun laws are entirely consistent with the Constitution. For years, the gun lobby has used fear of government gun confiscation to thwart efforts to pass sensible gun laws, arguing that even modest gun laws will lead down the path to a complete ban on gun ownership. Now that the Court has struck down the District’s ban on handguns, while making it clear that the Constitution allows for reasonable restrictions on access to dangerous weapons, this ‘slippery slope’ argument is gone. The Court also rejected the absolutist misreading of the Second Amendment that some use to argue ‘any gun, any time for anyone,’ which many politicians have used as an excuse to do nothing about the scourge of gun violence in our country and to block passage of common sense gun laws. Lifesaving proposals such as requiring Brady background checks on all gun sales, limiting bulk sales of handguns, and strengthening the power of federal authorities to shut down corrupt gun dealers can now be debated on their merits without distractions of fear or ideology. “The Heller decision, however, will most likely embolden criminal defendants, and ideological extremists, to file new legal attacks on existing gun laws. With the help of the Brady Center’s legal team, those attacks can, and must, be successfully resisted in the interest of public safety. After the Heller ruling, as before, approximately 80 Americans will continue to die from guns every day. Our weak or non-existent gun laws contribute to the thousands of senseless gun deaths and injuries in this country that occur each year. We must continue to fight for sensible gun laws to help protect our families and our communities. Quote Link to comment Share on other sites More sharing options...
Recommended Posts