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Impact on the Court Ruling in DC v. Heller

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  • Robert Vinson Brannum
    FYI, Robert Robert Vinson Brannum Chairman, 5th District Citizens Advisory Council, Inc. ... From: Santiago, Marco (MPD) Sent: Monday, June 30, 2008 8:12 AM
    Message 1 of 3 , Jun 30, 2008

      FYI, Robert

       

      Robert Vinson Brannum

      Chairman, 5th District Citizens' Advisory Council, Inc.

       

      ­­­­­

      From: Santiago, Marco (MPD)
      Sent: Monday, June 30, 2008 8:12 AM
      To: Santiago, Marco (MPD)
      Subject: [MPD-3d] Impact on the Court Ruling in DC v. Heller

       

      In the coming days the District of Columbia will be implementing new rules and regulations regarding the Supreme Court decision in the District of Columbia v. Heller (handgun) case. The Supreme Court ruled that residents will be allowed to possess handguns in their homes. It is critical that all Metropolitan Police Department members know the immediate impact of this ruling:

      • All Firearms including handguns must be registered with the Metropolitan Police Department’s Firearms Registration Section before they may be legally possessed.
      • Automatic and semi-automatic handguns remain ineligible for registration.
      • The Supreme Court’s ruling is limited to handguns in the home and does not affect the legality of firearms carried outside of the home.
      • The Metropolitan Police Department will urge residents that do obtain licenses to carry weapons in the home to also keep that weapon either disassembled or secured with a locking device (not a current legal requirement).

      Resources

      Frequently Asked Questions about Registering a Firearm

      1.  What happens now?
      2. Can people go out and get handguns right now?  If not, when will they be able to do it?
      3. What can people do right now?
      4. Will there be restrictions on who can register a handgun?
      5. Are there restrictions on what kinds of handguns residents will be able to register and possess?
      6. What other restrictions will there be on handguns?
      7. What will you do about residents who already own handguns despite the handgun ban?
      8. Can people register as many handguns as they like?
      9. Under existing law can District residents use properly registered firearms in lawful self-defense in their homes?
      10. How does one go about registering a firearm?

       

      cid:image001.gif@...9AB50

      What Happens Now?

      The Supreme Court will formally issue its mandate within the next month, possibly as early as July 17, 2008.  The U.S. Court of Appeals will then send the case to the U.S. District Court to enter an injunction.  The injunction is the court order that will officially prevent the District government from enforcing the handgun ban.  That process may take a few months.  Within 21 days, the Metropolitan Police Department will promulgate regulations to accommodate the process of registering handguns for lawful possession.

      cid:image001.gif@...9AB50cid:image002.gif@...9AB50

      Can people go out and get handguns right now? 
      If not, when will they be able to do it?

      No.  Residents may not go out and get handguns, though they will soon be able to do so.  There is further court action before the Supreme Court’s decision is implemented and the handgun ban is officially lifted, though that should happen within the next few months.  It should be emphasized that even after the handgun ban is lifted, those who wish to possess handguns will first be required to register them with the Metropolitan Police Department, as they must do with all firearms, in order for the possession to be legal.  Furthermore, under the Supreme Court’s decision, possession of properly registered handguns will still be legal only in one’s own home.

      cid:image001.gif@...9AB50cid:image002.gif@...9AB50

      What can people do right now?

      Although people cannot yet register handguns for legal possession in the home, they will be able to do so soon, and the District government will fully comply with the Supreme Court’s decision.  Residents should wait for the regulations that the Metropolitan Police Department will prepare within the next 21 days for further instructions.  In the meantime, if residents have specific questions, they may contact the Firearms Registration Section of the Metropolitan Police Department at (202) 727-9490 or visit the Department’s website at www.mpdc.dc.gov/gunregistration.

      cid:image001.gif@...9AB50cid:image002.gif@...9AB50

      Will there be restrictions on who can register a handgun?

      Yes, under District law that the Supreme Court did not disturb, someone who seeks to register any firearm must meet certain requirements.  Among these are that the would-be registrant must be 21 years of age and cannot have been convicted of a felony or other crime of violence or weapons crime, or have been committed to a mental hospital within the past five years.  Registrants also must be fingerprinted and pass a test regarding knowledge of District gun laws.

      cid:image001.gif@...9AB50cid:image002.gif@...9AB50

      Are there restrictions on what kinds of handguns residents will be able to register and possess?

      Yes, under District law that the Supreme Court did not disturb, automatic and semi-automatic handguns generally may not be registered. Revolvers in the home will be legal and, as before, residents remain free to register most shotguns and rifles. Those with questions about specific firearms should contact the Firearms Registration Section of the Metropolitan Police Department at (202) 727-9490 or visit the Department’s website at www.mpdc.dc.gov/gunregistration.

      cid:image001.gif@...9AB50cid:image002.gif@...9AB50

      What other restrictions will there be on handguns?

      The new rules will allow handgun possession in the home only, and only by those who properly register their handguns with the Metropolitan Police Department.  The Supreme Court has not altered the legality of carrying handguns outside the home.  Given the potentially tragic consequences of storing a firearm without a trigger lock, residents are strongly urged to utilize such locks which may be obtained free of charge from the Metropolitan Police Department.

      cid:image001.gif@...9AB50cid:image002.gif@...9AB50

      What will you do about residents who already own handguns despite the handgun ban?

      The District government will establish an amnesty program under which they can register their handguns without fear of prosecution for having possessed a handgun in violation of District law.  Of course, the program will not protect anyone who committed a separate crime under District or Federal law with that handgun.

      cid:image001.gif@...9AB50cid:image002.gif@...9AB50

      Can people register as many handguns as they like?

      The forthcoming regulations to be issued by the Metropolitan Police Department will answer questions such as how many weapons residents can register, and will likely limit registrants at least initially to one handgun each.

      cid:image001.gif@...9AB50cid:image002.gif@...9AB50

      Under existing law can District residents use properly registered firearms in lawful self-defense in their homes?

      Yes.

      cid:image001.gif@...9AB50cid:image002.gif@...9AB50

      How does one go about registering a firearm?

      For the specific details on how to register a firearm, residents should contact the Firearms Registration Section of the Metropolitan Police Department at (202) 727-9490 or visit the Department’s website at www.mpdc.dc.gov/gunregistration.

       

       

    • Matt Ashburn
      What existing law requires prohibition on all semi-automatic firearms? In reading the current law, I thought that guns that can carry more than 12 rounds
      Message 2 of 3 , Jun 30, 2008
        What existing law requires prohibition on all semi-automatic firearms?
        In reading the current law, I thought that guns that can carry more
        than 12 rounds without modification are prohibited. Some
        semi-automatics (e.g.: Glock model 26) are designed for carrying 10
        rounds unless a modified magazine is used (which are prohibited under
        DC law, I believe).

        I can comfortably shoot with good accuracy using a semi-automatic,
        which is safer, more accurate, and more reliable than a revolver.
        That said, would MPD allow a firearm meeting the above specs
        (semi-auto designed to hold 12 or fewer rounds without modification,
        as law allows)?

        Any clarification would be appreciated!

        Thanks,

        Matt


        On Mon, Jun 30, 2008 at 9:15 AM, Robert Vinson Brannum
        <rbrannum@...> wrote:
        > FYI, Robert
        >
        >
        >
        > Robert Vinson Brannum
        >
        > Chairman, 5th District Citizens' Advisory Council, Inc.
        >
        >
        >
        > ­­­­­
        >
        > From: Santiago, Marco (MPD)
        > Sent: Monday, June 30, 2008 8:12 AM
        > To: Santiago, Marco (MPD)
        > Subject: [MPD-3d] Impact on the Court Ruling in DC v. Heller
        >
        >
        >
        > In the coming days the District of Columbia will be implementing new rules
        > and regulations regarding the Supreme Court decision in the District of
        > Columbia v. Heller (handgun) case. The Supreme Court ruled that residents
        > will be allowed to possess handguns in their homes. It is critical that all
        > Metropolitan Police Department members know the immediate impact of this
        > ruling:
        >
        > All Firearms including handguns must be registered with the Metropolitan
        > Police Department's Firearms Registration Section before they may be legally
        > possessed.
        > Automatic and semi-automatic handguns remain ineligible for registration.
        > The Supreme Court's ruling is limited to handguns in the home and does not
        > affect the legality of firearms carried outside of the home.
        > The Metropolitan Police Department will urge residents that do obtain
        > licenses to carry weapons in the home to also keep that weapon either
        > disassembled or secured with a locking device (not a current legal
        > requirement).
        >
        > Resources
        >
        > District Government Reacts to Heller Ruling (Press Release, 6/26/08)
        > Firearms Registration Requirements*
        > Registering a Firearm in the District of Columbia* (Brochure)
        > Data: Crimes with Guns* (CY 1998 - YTD through 6/26/08)
        > Gun Safety Information
        >
        > Frequently Asked Questions about Registering a Firearm
        >
        > What happens now?
        > Can people go out and get handguns right now? If not, when will they be
        > able to do it?
        > What can people do right now?
        > Will there be restrictions on who can register a handgun?
        > Are there restrictions on what kinds of handguns residents will be able to
        > register and possess?
        > What other restrictions will there be on handguns?
        > What will you do about residents who already own handguns despite the
        > handgun ban?
        > Can people register as many handguns as they like?
        > Under existing law can District residents use properly registered firearms
        > in lawful self-defense in their homes?
        > How does one go about registering a firearm?
        >
        >
        >
        > What Happens Now?
        >
        > The Supreme Court will formally issue its mandate within the next month,
        > possibly as early as July 17, 2008. The U.S. Court of Appeals will then
        > send the case to the U.S. District Court to enter an injunction. The
        > injunction is the court order that will officially prevent the District
        > government from enforcing the handgun ban. That process may take a few
        > months. Within 21 days, the Metropolitan Police Department will promulgate
        > regulations to accommodate the process of registering handguns for lawful
        > possession.
        >
        > Can people go out and get handguns right now?
        > If not, when will they be able to do it?
        >
        > No. Residents may not go out and get handguns, though they will soon be
        > able to do so. There is further court action before the Supreme Court's
        > decision is implemented and the handgun ban is officially lifted, though
        > that should happen within the next few months. It should be emphasized that
        > even after the handgun ban is lifted, those who wish to possess handguns
        > will first be required to register them with the Metropolitan Police
        > Department, as they must do with all firearms, in order for the possession
        > to be legal. Furthermore, under the Supreme Court's decision, possession of
        > properly registered handguns will still be legal only in one's own home.
        >
        > What can people do right now?
        >
        > Although people cannot yet register handguns for legal possession in the
        > home, they will be able to do so soon, and the District government will
        > fully comply with the Supreme Court's decision. Residents should wait for
        > the regulations that the Metropolitan Police Department will prepare within
        > the next 21 days for further instructions. In the meantime, if residents
        > have specific questions, they may contact the Firearms Registration Section
        > of the Metropolitan Police Department at (202) 727-9490 or visit the
        > Department's website at www.mpdc.dc.gov/gunregistration.
        >
        > Will there be restrictions on who can register a handgun?
        >
        > Yes, under District law that the Supreme Court did not disturb, someone who
        > seeks to register any firearm must meet certain requirements. Among these
        > are that the would-be registrant must be 21 years of age and cannot have
        > been convicted of a felony or other crime of violence or weapons crime, or
        > have been committed to a mental hospital within the past five years.
        > Registrants also must be fingerprinted and pass a test regarding knowledge
        > of District gun laws.
        >
        > Are there restrictions on what kinds of handguns residents will be able to
        > register and possess?
        >
        > Yes, under District law that the Supreme Court did not disturb, automatic
        > and semi-automatic handguns generally may not be registered. Revolvers in
        > the home will be legal and, as before, residents remain free to register
        > most shotguns and rifles. Those with questions about specific firearms
        > should contact the Firearms Registration Section of the Metropolitan Police
        > Department at (202) 727-9490 or visit the Department's website at
        > www.mpdc.dc.gov/gunregistration.
        >
        > What other restrictions will there be on handguns?
        >
        > The new rules will allow handgun possession in the home only, and only by
        > those who properly register their handguns with the Metropolitan Police
        > Department. The Supreme Court has not altered the legality of carrying
        > handguns outside the home. Given the potentially tragic consequences of
        > storing a firearm without a trigger lock, residents are strongly urged to
        > utilize such locks which may be obtained free of charge from the
        > Metropolitan Police Department.
        >
        > What will you do about residents who already own handguns despite the
        > handgun ban?
        >
        > The District government will establish an amnesty program under which they
        > can register their handguns without fear of prosecution for having possessed
        > a handgun in violation of District law. Of course, the program will not
        > protect anyone who committed a separate crime under District or Federal law
        > with that handgun.
        >
        > Can people register as many handguns as they like?
        >
        > The forthcoming regulations to be issued by the Metropolitan Police
        > Department will answer questions such as how many weapons residents can
        > register, and will likely limit registrants at least initially to one
        > handgun each.
        >
        > Under existing law can District residents use properly registered firearms
        > in lawful self-defense in their homes?
        >
        > Yes.
        >
        > How does one go about registering a firearm?
        >
        > For the specific details on how to register a firearm, residents should
        > contact the Firearms Registration Section of the Metropolitan Police
        > Department at (202) 727-9490 or visit the Department's website at
        > www.mpdc.dc.gov/gunregistration.
        >
        >
        >
        >
        >
        >
      • brian.ions
        Is re-registration required? That is, will a gun duly registered in DC under the old law need to be re-registered? Also, what are the rules/ restrictions on
        Message 3 of 3 , Jul 1, 2008
          Is re-registration required?  That is, will a gun duly registered in DC under the old law need to be re-registered?  Also, what are the rules/ restrictions on lawful transport of DC-registered guns?

          brian/ 502

          ---
          Speaking of ancient history, here's a white collar crime quote for the day...

          "People have got to know whether or not their President is a crook. Well, I'm not a crook."

          --President Richard Nixon, November 17, 1973

          (Yep.  Maybe by comparison to the current crook.  How about an Exxon Card?  That's a serious automatic weapon, too, Matt.)

          --- In MPD-5D@yahoogroups.com, "Matt Ashburn" <matt@...> wrote:
          >
          > What existing law requires prohibition on all semi-automatic firearms?
          > In reading the current law, I thought that guns that can carry more
          > than 12 rounds without modification are prohibited. Some
          > semi-automatics (e.g.: Glock model 26) are designed for carrying 10
          > rounds unless a modified magazine is used (which are prohibited under
          > DC law, I believe).
          >
          > I can comfortably shoot with good accuracy using a semi-automatic,
          > which is safer, more accurate, and more reliable than a revolver.
          > That said, would MPD allow a firearm meeting the above specs
          > (semi-auto designed to hold 12 or fewer rounds without modification,
          > as law allows)?
          >
          > Any clarification would be appreciated!
          >
          > Thanks,
          >
          > Matt
          >
          >
          > On Mon, Jun 30, 2008 at 9:15 AM, Robert Vinson Brannum
          > rbrannum@... wrote:
          > > FYI, Robert
          > >
          > >
          > >
          > > Robert Vinson Brannum
          > >
          > > Chairman, 5th District Citizens' Advisory Council, Inc.
          > >
          > >
          > >
          > > �����
          > >
          > > From: Santiago, Marco (MPD)
          > > Sent: Monday, June 30, 2008 8:12 AM
          > > To: Santiago, Marco (MPD)
          > > Subject: [MPD-3d] Impact on the Court Ruling in DC v. Heller
          > >
          > >
          > >
          > > In the coming days the District of Columbia will be implementing new rules
          > > and regulations regarding the Supreme Court decision in the District of
          > > Columbia v. Heller (handgun) case. The Supreme Court ruled that residents
          > > will be allowed to possess handguns in their homes. It is critical that all
          > > Metropolitan Police Department members know the immediate impact of this
          > > ruling:
          > >
          > > All Firearms including handguns must be registered with the Metropolitan
          > > Police Department's Firearms Registration Section before they may be legally
          > > possessed.
          > > Automatic and semi-automatic handguns remain ineligible for registration.
          > > The Supreme Court's ruling is limited to handguns in the home and does not
          > > affect the legality of firearms carried outside of the home.
          > > The Metropolitan Police Department will urge residents that do obtain
          > > licenses to carry weapons in the home to also keep that weapon either
          > > disassembled or secured with a locking device (not a current legal
          > > requirement).
          > >
          > > Resources
          > >
          > > District Government Reacts to Heller Ruling (Press Release, 6/26/08)
          > > Firearms Registration Requirements*
          > > Registering a Firearm in the District of Columbia* (Brochure)
          > > Data: Crimes with Guns* (CY 1998 - YTD through 6/26/08)
          > > Gun Safety Information
          > >
          > > Frequently Asked Questions about Registering a Firearm
          > >
          > > What happens now?
          > > Can people go out and get handguns right now? If not, when will they be
          > > able to do it?
          > > What can people do right now?
          > > Will there be restrictions on who can register a handgun?
          > > Are there restrictions on what kinds of handguns residents will be able to
          > > register and possess?
          > > What other restrictions will there be on handguns?
          > > What will you do about residents who already own handguns despite the
          > > handgun ban?
          > > Can people register as many handguns as they like?
          > > Under existing law can District residents use properly registered firearms
          > > in lawful self-defense in their homes?
          > > How does one go about registering a firearm?
          > >
          > >
          > >
          > > What Happens Now?
          > >
          > > The Supreme Court will formally issue its mandate within the next month,
          > > possibly as early as July 17, 2008. The U.S. Court of Appeals will then
          > > send the case to the U.S. District Court to enter an injunction. The
          > > injunction is the court order that will officially prevent the District
          > > government from enforcing the handgun ban. That process may take a few
          > > months. Within 21 days, the Metropolitan Police Department will promulgate
          > > regulations to accommodate the process of registering handguns for lawful
          > > possession.
          > >
          > > Can people go out and get handguns right now?
          > > If not, when will they be able to do it?
          > >
          > > No. Residents may not go out and get handguns, though they will soon be
          > > able to do so. There is further court action before the Supreme Court's
          > > decision is implemented and the handgun ban is officially lifted, though
          > > that should happen within the next few months. It should be emphasized that
          > > even after the handgun ban is lifted, those who wish to possess handguns
          > > will first be required to register them with the Metropolitan Police
          > > Department, as they must do with all firearms, in order for the possession
          > > to be legal. Furthermore, under the Supreme Court's decision, possession of
          > > properly registered handguns will still be legal only in one's own home.
          > >
          > > What can people do right now?
          > >
          > > Although people cannot yet register handguns for legal possession in the
          > > home, they will be able to do so soon, and the District government will
          > > fully comply with the Supreme Court's decision. Residents should wait for
          > > the regulations that the Metropolitan Police Department will prepare within
          > > the next 21 days for further instructions. In the meantime, if residents
          > > have specific questions, they may contact the Firearms Registration Section
          > > of the Metropolitan Police Department at (202) 727-9490 or visit the
          > > Department's website at www.mpdc.dc.gov/gunregistration.
          > >
          > > Will there be restrictions on who can register a handgun?
          > >
          > > Yes, under District law that the Supreme Court did not disturb, someone who
          > > seeks to register any firearm must meet certain requirements. Among these
          > > are that the would-be registrant must be 21 years of age and cannot have
          > > been convicted of a felony or other crime of violence or weapons crime, or
          > > have been committed to a mental hospital within the past five years.
          > > Registrants also must be fingerprinted and pass a test regarding knowledge
          > > of District gun laws.
          > >
          > > Are there restrictions on what kinds of handguns residents will be able to
          > > register and possess?
          > >
          > > Yes, under District law that the Supreme Court did not disturb, automatic
          > > and semi-automatic handguns generally may not be registered. Revolvers in
          > > the home will be legal and, as before, residents remain free to register
          > > most shotguns and rifles. Those with questions about specific firearms
          > > should contact the Firearms Registration Section of the Metropolitan Police
          > > Department at (202) 727-9490 or visit the Department's website at
          > > www.mpdc.dc.gov/gunregistration.
          > >
          > > What other restrictions will there be on handguns?
          > >
          > > The new rules will allow handgun possession in the home only, and only by
          > > those who properly register their handguns with the Metropolitan Police
          > > Department. The Supreme Court has not altered the legality of carrying
          > > handguns outside the home. Given the potentially tragic consequences of
          > > storing a firearm without a trigger lock, residents are strongly urged to
          > > utilize such locks which may be obtained free of charge from the
          > > Metropolitan Police Department.
          > >
          > > What will you do about residents who already own handguns despite the
          > > handgun ban?
          > >
          > > The District government will establish an amnesty program under which they
          > > can register their handguns without fear of prosecution for having possessed
          > > a handgun in violation of District law. Of course, the program will not
          > > protect anyone who committed a separate crime under District or Federal law
          > > with that handgun.
          > >
          > > Can people register as many handguns as they like?
          > >
          > > The forthcoming regulations to be issued by the Metropolitan Police
          > > Department will answer questions such as how many weapons residents can
          > > register, and will likely limit registrants at least initially to one
          > > handgun each.
          > >
          > > Under existing law can District residents use properly registered firearms
          > > in lawful self-defense in their homes?
          > >
          > > Yes.
          > >
          > > How does one go about registering a firearm?
          > >
          > > For the specific details on how to register a firearm, residents should
          > > contact the Firearms Registration Section of the Metropolitan Police
          > > Department at (202) 727-9490 or visit the Department's website at
          > > www.mpdc.dc.gov/gunregistration.
          > >
          > >
          > >
          > >
          > >
          > >
          >
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