DC gun law?

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  • BeltBuckle

    Ultimate Member
    Feb 14, 2008
    2,587
    MoCo, MD
    Novus/all -- I checked with a lawyer friend who has followed the case. He is digging a bit deeper, but meanwhile his take is as follows:

    "As for what the law would be if the emergency legislation had expired, the
    answer is it depends. If the provisions of the 1975 Act explicitly revoked
    the prior statutes, then there would be no governing law addressing the provisions invalidated by the court. However, it's important to note that the Supreme Court decision only invalidated the narrow provisions of the 1975 Act banning handguns and
    requiring firearms in the home to be kept unloaded and either locked or
    disassembled. The rest of the statute -- including the registration
    requirement -- remains intact."

    FWIW.
     

    novus collectus

    Banned
    BANNED!!!
    May 1, 2005
    17,358
    Bowie
    Novus/all -- I checked with a lawyer friend who has followed the case. He is digging a bit deeper, but meanwhile his take is as follows:

    "As for what the law would be if the emergency legislation had expired, the
    answer is it depends. If the provisions of the 1975 Act explicitly revoked
    the prior statutes, then there would be no governing law addressing the provisions invalidated by the court. However, it's important to note that the Supreme Court decision only invalidated the narrow provisions of the 1975 Act banning handguns and
    requiring firearms in the home to be kept unloaded and either locked or
    disassembled. The rest of the statute -- including the registration
    requirement -- remains intact."

    FWIW.
    Intersting. They may still have to register, but at the very least though if the last law expired the training requirements, the "assault weapons" ban, the approved handgun list all probably expired too, but it might mean that once again any semi-auto handguns capable of holding more than 10 rounds are "machine guns" again unless the other law passed in October is still in effect which allowed semi auto and just banned more than ten round mags.

    Any idea when he might find out what is up?
     

    BeltBuckle

    Ultimate Member
    Feb 14, 2008
    2,587
    MoCo, MD
    Intersting. They may still have to register, but at the very least though if the last law expired the training requirements, the "assault weapons" ban, the approved handgun list all probably expired too, but it might mean that once again any semi-auto handguns capable of holding more than 10 rounds are "machine guns" again unless the other law passed in October is still in effect which allowed semi auto and just banned more than ten round mags.

    Any idea when he might find out what is up?

    he's checking now. got sidelined last week on something else (he has a day job, poor guy) but he's on this now. no idea when he might come back, but he is utterly reliable. WKYP.
     

    BeltBuckle

    Ultimate Member
    Feb 14, 2008
    2,587
    MoCo, MD
    OK -- here is what I've uncovered. This comes from a lawyer who follows these things closely.

    DC has passed something like 10 gun bills (permanent, emergency and temporary) since June. The permanent ones are the Firearms Registration Amendment Act (took effect this month) and the Inoperable Pistol Amendment Act (takes effect next month) but "emergency" versions of both are currently in effect.

    So it looks as if the gap in coverage we had hoped for did not exist. Oh, well...

    It was a great thought.
     

    novus collectus

    Banned
    BANNED!!!
    May 1, 2005
    17,358
    Bowie
    OK -- here is what I've uncovered. This comes from a lawyer who follows these things closely.

    DC has passed something like 10 gun bills (permanent, emergency and temporary) since June. The permanent ones are the Firearms Registration Amendment Act (took effect this month) and the Inoperable Pistol Amendment Act (takes effect next month) but "emergency" versions of both are currently in effect.

    So it looks as if the gap in coverage we had hoped for did not exist. Oh, well...

    It was a great thought.

    Damn!
     

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