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Gun laws in the District of Columbia

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Gun laws in the District of Columbia

Gun laws in the District of Columbia regulate the sale, possession, and use of firearms and ammunition in the American federal district of Washington, D.C.

Contents

Possession of firearms

In Washington, D.C., all firearms must be registered with the police, by the terms of the Firearms Control Regulations Act of 1975.

The same law also prohibited the possession of handguns, even in private citizens' own homes, unless they were registered before 1976. However, the handgun ban was struck down by the U.S. Supreme Court in the 2008 case District of Columbia v. Heller. The Supreme Court ruled that the Second Amendment acknowledges and guarantees the right of the individual to possess and carry firearms, and therefore D.C.'s ban on handguns was unconstitutional.

Following the Heller decision, the Council of the District of Columbia enacted a set of rules regulating the possession of handguns and long guns in citizens' homes. Reductions were made to the DC laws in 2012 and 2015 under threat of lawsuits from gun owners and prospective gun owners. On September 18, 2015, a federal appeals court struck down some parts of the District's gun registration law as unconstitutional, while upholding other parts of the law.

In addition to each firearm being registered with the police, the rules require that D.C. residents undergo an NCIC background check and submit to fingerprinting. The firearms registry photographs the applicant. Residents must take an online gun safety course. Residents must also declare at what address it will be kept. There is a 10-day waiting period from purchase of firearm to possession, and a 30-day period between purchases of successive handguns. Each firearm is registered to an individual only, meaning couples who wish to own firearms must purchase two separate firearms. Handgun registrants must be at least 21 years old. Long gun registration is allowed for persons 18–21 years of age with a NCIC qualified adult co-registering. Handgun models are limited to any handgun appearing on any one of the California, Massachusetts, Maryland or DC Police "approved rosters" by make/model. Long guns are controlled by an allowed/not-allowed attributes list. Non residents, with a place of business in DC may register a firearm to be maintained at that place of business.

Ammunition

An individual may not possess ammunition without also holding a valid firearms registration. Until May 2012, registrants were limited to possessing ammunition of the caliber of their registered weapon only. The ammunition laws in DC were relaxed in May 2012 and valid registration holders may now purchase and transport ammunition of any caliber excepting 50BMG (50 BMG weapons are prohibited in DC) and protective armor penetration ammunition. Interstate sale and shipment of ammunition to valid registration holders is legal. In DC, as in jurisdictions such as Massachusetts, any usable constituent part of ammunition is considered ammunition. E.g. Expended center-fire casings capable of being reloaded are ammunition under current DC police interpretation.

Open and concealed carry

As of September 2014, the District of Columbia has a "May-Issue" licensing policy, like many states, where applicants are required to show "good reason" for needing a concealed carry permit. The District of Columbia had bans in place for both open and concealed carry, which were ultimately struck down as unconstitutional on July 24, 2014. The lawsuit that led to this decision was originally filed on August 6, 2009, to compel the district to issue permits to carry weapons. Judge Frederick Scullin, the United States District Judge who considered the case, initially didn't issue a stay of his ruling, effectively legalizing permitless open and concealed carry in the District. However, on July 29, 2014 Scullin issued an order retroactively staying his initial order until October 22, 2014.

On May 17, 2016 a separate case (Grace v. District of Columbia) was decided by District Court Judge Richard J. Leon. The Court issued a preliminary injunction that the good reason requirement to likely be unconstitutional and enjoined its enforcement. The order said that anyone who met the eligibility requirements for a concealed carry license absent the good reason stipulation cannot be denied the license; the order was not stayed originally, but was subsequently stayed on May 27, 2016.

It is unlawful for a civilian, non-law enforcement carry licensee to concealed carry a gun within 1000 feet of a public or private day care center, elementary school, vocational school, secondary school, college, junior college, or university, or any public swimming pool, playground, video arcade, or youth center, or an event sponsored by any of the above entities unless the person lives or works within 1,000 feet of the designated areas.

References

Gun laws in the District of Columbia Wikipedia