(DC) Mayor Fenty, Council Announce New Emergency Legislation to Amend the District's Gun Law

Washington, DC Mayor's Office ^ | September 15, 2008 | Washington, DC

[gieriscm]

Today Mayor Adrian M. Fenty, joined by members of the Council of the District of Columbia and Acting Attorney General Peter J. Nickles introduced new emergency and temporary legislation to further amend the District’s firearms laws.

“This new legislation is the second step in the process to do all that we can to minimize handgun violence in the District,” said Mayor Fenty. “These actions will continue to protect our citizens from gun violence while respecting the Second Amendment.”

“We believe that any legitimate concerns by Congress on District gun laws should satisfied by the new laws,” said Acting Attorney General Nickles.

The legislation will:

1. Change definition of a machine gun. The definition of machine gun will be changed to track the federal government and several other states. The District will allow semi-automatic firearms while preserving a ban on all automatic weapons.

a. It will now be illegal to possess, sell, or transfer any large capacity ammunition feeding device that has a capacity greater than 10 rounds of ammunition.

b. the one pistol per person temporary registration limit will be removed and replaced with a one pistol per month limit.

2. Add Child Access Provision. The current safe-storage law will be changed to make its current restrictions recommended instead of mandatory behavior. The Child Access provision will not allow District residents to store or keep any loaded firearm on any premises if they know that a minor is likely to gain access to the firearm unless the firearm is:

a. Kept in a securely locked box, secured container, or in a location which a reasonable person would believe to be secure; or

b. carried on the person or within such close proximity that a person can readily retrieve and use it.

3. Clarify the limited circumstances when a firearm maybe carried without a license. The District’s laws are restated to make clear the limited circumstances when registered firearms may be carried without a license to include:

• Within the registrant’s home; • While it is being used for lawful recreational purposes; • While it is kept at the registrant’s place of business; or • While it is being transported for a lawful purpose as expressly authorized by District or federal statute and in accordance with the requirements of that statute.

“The Council continues to move expeditiously to meet the requirements of the Supreme Court decision, keeping in mind the public safety of our citizens, and taking into account the feedback we’ve received over the past few months from residents and legal experts. We will take another step tomorrow at our legislative meeting by considering amendments to the emergency bill now in place, while the Council continues to move ahead to pass a permanent law in the best interests of residents of the District of Columbia,” said Council Chairman Vincent Gray.

“We said in July that these immediate changes to the law are a work in progress,” said Councilmember Phil Mendelson, chair of the Committee on Public Safety and the Judiciary. “The amendments I am offering tomorrow respond to the concerns raised after our first emergency bill was acted upon. We will have another hearing this week, and that will better inform our action on permanent legislation this fall.”

"The Department is working closely with the Office of the Attorney General and Councilmember Mendelson to ensure that MPD implements a firearms registration process that fully complies with the Supreme Court decision allowing District residents to keep a firearm in their home,” said Police Chief Cathy L. Lanier. “At the same time, rest assured that we are continuing strong enforcement of criminal gun laws.”

[xsrdx]

This is FAR better than the outright contempt DC was showing.

Agreed - DC is genuinely concerned Congress may act, and that got their attention. This version is essentially current California reg; 10rd mags and safe storage provisions.

[M Kehoe]

Good evening.

What are the odds that Fenty's position on the Heller decision matches Obama's?

5.56mm

[William Tell]

Congressman Billybob said: "From the summary the law may be, for the first time, consistent with the Supreme Court's decision in Heller."

I don't have an electronic copy of Heller handy, so I can't do a search for "arbitrary" or "capricious". I seem to recall those terms being used. What could be more arbitrary than a ten round limit on magazine capacity? If a limit of ten rounds is legal, then wouldn't a limit of TWO be legal?

[wastedyears]

LOL

Scramble