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Heller v DC - "Ghost" guns and Reloading


Euler
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In the Federal District Court of DC, Complaint (Washington Post pdf):

Complaint said:

7-2501.01 .... "Ghost gun" ... Means ... firearm ... is not ... detectable ... by walk-through metal detectors; and
Includes an unfinished frame or receiver.

...

7-2504.01. ... No person or organization shall manufacture any firearm, destructive device or parts thereof, or ammunition, within the District ... for others.

...

22-4514. ... No person shall within the District of Columbia possess any ... ghost gun ...; provided, however, that ... ghost gun ... may be possessed by [employees and members of various government entities] ....

...


I left out some of the subsidiary ordinances cited. The suit seeks to enjoin DC preliminarily (before judgement) and permanently from enforcing its ban on "ghost" guns and reloading.

 

The DC ordinances don't explicitly ban the manufacture of components (other than the receiver) or reloading for oneself, as long as the ammunition and components "generate an image of [their] shape" on the "types of detection devices commonly used at secure public buildings and transit stations."

 

In part the complaint cites vagueness of the ordinances.

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  • 9 months later...

Docket

 

One of the city ordinances and regulations in the laundry list being challenged was a limitation that concealed carriers could carry only 20 rounds per person, whether loaded in the firearm, loaded in spare magazines, or anywhere else.

 

On September 14, the DC metro police department notified the court that the chief has repealed that regulation, effective September 23, apparently in fear that the NYSRPA v Bruen decision made the Heller challenge likely to succeed.

 

Notice of Repeal said:

...

On review of these developments, this regulation, its enforcement history, and in consideration of other regulations that govern concealed-carry licensees, the Chief has determined that emergency rulemaking action is prudent and necessary for the immediate preservation of the welfare of District residents and to enable the District to avoid accruing liability for attorney fees in legal challenges. The Chief immediately repeals the challenged provision, 24 DCMR § 2343.1, to effect a change in law sooner than otherwise would be possible.

...

 

All the other challenged ordinances and regulations are still in play, so I guess the chief isn't so worried about the legal fees for them.

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On 9/17/2022 at 6:50 PM, Euler said:

Docket

 

One of the city ordinances and regulations in the laundry list being challenged was a limitation that concealed carriers could carry only 20 rounds per person, whether loaded in the firearm, loaded in spare magazines, or anywhere else.

 

On September 14, the DC metro police department notified the court that the chief has repealed that regulation, effective September 23, apparently in fear that the NYSRPA v Bruen decision made the Heller challenge likely to succeed.

 

 

All the other challenged ordinances and regulations are still in play, so I guess the chief isn't so worried about the legal fees for them.

So the Chief is able to enact law, change law, and repeal law at will, anyone else see a problem with letting and Congress give up their powers and “delegate it” else where because they are too lazy to do their ******* job?! 

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On 9/18/2022 at 12:09 PM, mab22 said:

So the Chief is able to enact law, change law, and repeal law at will, anyone else see a problem with letting and Congress give up their powers and “delegate it” else where because they are too lazy to do their ******* job?! 

 

I believe DC city government is structured so that the police department isn't just a law enforcement agency. It's also a regulatory agency.

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