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DC Court of Appeals - Hangun Ammunition Ban


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The DC Court of Appeals has ruled that the Government can ban ownership of handgun ammunition for which one does not have a corresponding firearm registered. Chicago has such an ammunition ban.

 

[F]rom the Court’s reasoning [in Heller], it logically follows that the right to keep and bear arms extends to the possession of handgun ammunition in the home; for if such possession could be banned (and not simply regulated), that would make it “impossible for citizens to use [their handguns] for the core lawful purpose of self-defense.” By the same token, given the obvious connection between handgun ammunition and the right protected by the Second Amendment, we are hard-pressed to see how a flat ban on the possession of such ammunition in the home could survive heightened scrutiny of any kind. We therefore conclude that the Second Amendment guarantees a right to possess ammunition in the home that is coextensive with the right to possess a usable handgun there. The government has not taken issue with that conclusion....
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The appellant's conviction was reversed. But the DC Appellate court also said that the current Washington, D.C. ban on the possession of handgun ammunition in the home that does not match the caliber of a person's registered handgun (assuming the constitutionality of handgun registration) does not violate the Second Amendment.

 

"The limited nature of our holding should be understood. The Second Amendment permits

the District to condition the lawful possession of handgun ammunition in the home on the possession

of a valid registration certificate for a corresponding handgun (so long as the registration scheme is

constitutional). While 29 Logan held as a matter of statutory interpretation that proper registration is

an affirmative defense to UA, the prosecution may assume the burden of charging and proving

beyond a reasonable doubt that the defendant lacked the necessary registration in order to satisfy the

Second Amendment.30 By doing so, the prosecution would establish that the defendant indeed was

disqualified from exercising his Second Amendment right to possess handgun ammunition in the

home.31 The application of the UA statute to the defendant in such a case would not be unconstitutional."

 

Link to Herrington v. United States

 

That is troubling to me. If I lived in DC, sold my registered .38 handgun, but kept some of the ammo, I would violate the DC ammunition ban, until I registered another .38 or maybe a .357. Examples after examples come to mind, all real, all simple. Of course, I am also glad I don't live in Chicago.

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The appellant's conviction was reversed. But the DC Appellate court also said that the current Washington, D.C. ban on the possession of handgun ammunition in the home that does not match the caliber of a person's registered handgun (assuming the constitutionality of handgun registration) does not violate the Second Amendment.

 

"The limited nature of our holding should be understood. The Second Amendment permits

the District to condition the lawful possession of handgun ammunition in the home on the possession

of a valid registration certificate for a corresponding handgun (so long as the registration scheme is

constitutional). While 29 Logan held as a matter of statutory interpretation that proper registration is

an affirmative defense to UA, the prosecution may assume the burden of charging and proving

beyond a reasonable doubt that the defendant lacked the necessary registration in order to satisfy the

Second Amendment.30 By doing so, the prosecution would establish that the defendant indeed was

disqualified from exercising his Second Amendment right to possess handgun ammunition in the

home.31 The application of the UA statute to the defendant in such a case would not be unconstitutional."

 

Link to Herrington v. United States

 

That is troubling to me. If I lived in DC, sold my registered .38 handgun, but kept some of the ammo, I would violate the DC ammunition ban, until I registered another .38 or maybe a .357. Examples after examples come to mind, all real, all simple. Of course, I am also glad I don't live in Chicago.

 

The next thing you know, they'll want to ban Happy Meals. Oh, someplace already does that.

 

Some parts of this country are going to heck. Thankfully, I own a gun for every bullet that I have!!

 

AB

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Since a firearm is not functional as an arm without ammunition, would this ruling also give the city the ability to ban handguns if the owner does not posses ammunition for it?

 

DC (and Chicago) won't ever require ammunition. They would prefer ammunition not be available.

 

Note to self: start cool ammo collection like in Don Kilmer's link. Keep dated receipts.

 

Link from Don Kilmer

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The DC Appellate court also said that the current Washington, D.C. ban on the possession of Holy Books in the home that does not match the faith of a person's registered religion (assuming the constitutionality of religion registration) does not violate the First Amendment...

 

Just make sure you leave that Book at home. The 1st Amendment does not extend past your front door.

 

If you find yourself in need of religion outside of your home, simply contact the authorities and wait for them to show up and say a prayer on your behalf.

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The DC Appellate court also said that the current Washington, D.C. ban on the possession of Holy Books in the home that does not match the faith of a person's registered religion (assuming the constitutionality of religion registration) does not violate the First Amendment...

 

People have to register for religions now?

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