DC 20 round carry limit repealed - Thank you St Thomas

[rascal]

While this appears to be incrementally good news for all respect constitutional rights, why is a police chief making decisions on what is legal? That seems like a huge conflict of interest. Is that a DC thing? The chief is able to repeal laws there?

No, it is a United States thing. Most laws in the US are not code enacted by a legislature. Regulatory law, such as a federal , state county or municipal officials (like a head of the federal or state EPA, or a police chief, or a body that is not elected, say a zoning commission, has the ability to make administrative/regulatory law. They make more than congress does. Courts also make law (case law) including some of the most important and impactful law there is such as Roe v Wade, Brown v. Board of Education, Heller v DC, etc.

State, county and municipal heads of policing agencies actually promulgate a fair amount of law when it comes to firearms across the US.

For example in Virginia, it was a finding (a memorandum) written by the AG a few years ago that defined exactly how non carry licensees could keep their guns in vehicles, including it being legal for non-licensees to loaded handguns an unlocked glove box. NY State's AG has made lots of regulatory law on firearms.

 

[rascal]

In short, up until 15th, you could not legally concealed carry a normal load plus a spare ten round mag in DC since a normal load is 21: (10+1) +10. Also the way the law was constructed if you had a five shot revolver you were limited to carrying ten rounds total and if a two shot derringers, four rounds total.

While Heller and in other suits other plaintiffs have sued over some of DC code and regulatory laws, and sometimes won, and sometimes lost, a large number of reduction of the draconian gun control has happened with threats of suits, or suits that were filed and Dc just knew they would lose (like this one). In fact there was a fear by Racine that the over ten round mag law itself would be overturned (which would have national implications) if DC pursued this, so they just caved on the lesser issue of total ammo carried.

About a dozen restrictions in DC have been lifted like this without an actual completed lawsuit. For example the law that you could only possess ammunition for the caliber of the gun registered, as well as, I believe, the three expiry of gun registrations where both removed by the Chief, and subject to emergency order changing code, just at the beginning of the suit.

 

[swinokur]

That was Heller II or III IIRC


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[Ismee]

For example the law that you could only possess ammunition for the caliber of the gun registered, as well as, I believe, the three expiry of gun registrations where both removed by the Chief, and subject to emergency order changing code, just at the beginning of the suit.

All of my handgun registrations were changed to no expiration date". But when did the ammo possession for registered caliber only, change?


It's not clear here:

§ 7–2506.01. Persons permitted to possess ammunition.​

https://code.dccouncil.gov/us/dc/council/code/sections/7-2506.01

The 2012 amendment by D.C. Law 19-170 substituted “pursuant to subchapter II of this chapter” for “of the same gauge or caliber as the ammunition he possesses” in (a)(3); added (a)(5); and made a related change.

 

[rascal]

all of my handgun registrations were changed to no expiration date". But when did the ammo possession for registered caliber only, change?

https://lims.dccouncil.gov/downloads/LIMS/26370/Signed_Act/B19-0614-SignedAct.pdf

https://lims.dccouncil.gov/downloads/LIMS/26370/Signed_Act/B19-0614-SignedAct.pdf

that was a law from the 1970's upheld in a federals appeals casein 1983, but was removed along with a bunch of other laws in 2012. limits on ammo in DC are now 50 bmg prohibited, and certain rounds deemed to be armor piercing.

it is absolutely crazy that lots of sites such as handgunlaw.us etc have the wrong info on this for near ten years

 

[rascal]

It's not clear here:

§ 7–2506.01. Persons permitted to possess ammunition.​

https://code.dccouncil.gov/us/dc/council/code/sections/7-2506.01

The 2012 amendment by D.C. Law 19-170 substituted “pursuant to subchapter II of this chapter” for “of the same gauge or caliber as the ammunition he possesses” in (a)(3); added (a)(5); and made a related change.

it is 100% clear. that entire sentence "of the same gauge or caliber as the ammunition he possesses” " was removed in 2012. it is no longer present in the law

 

[Ismee]

it is 100% clear. that entire sentence "of the same gauge or caliber as the ammunition he possesses” " was removed in 2012. it is no longer present in the law

You sir are absolutely correct. This (like several other DC law/regulation/order changes) was quietly done without fanfare. Several credible sources continue to show inaccurate/incomplete information. Thank You.

 

[Gary Slider]

Thanks. I have the correct law sited. What I missed was removing a reference in a Note I put under the quoted law. That will be removed. Thanks Again!!!

 

[rascal]

Thanks. I have the correct law sited. What I missed was removing a reference in a Note I put under the quoted law. That will be removed. Thanks Again!!!

hey Gary. All the best to you. Keep in mind that when they passed the recent ammo sales in the district law they did put that language in the ammo seller licensed, but that is for DC licensees (There are two who sell ammo) selling within the district and I have not parsed it but perhaps anyone selling in the district.

So since 2012 it has been legal for any DC firearms registrant to buy ammo of any caliber (except explicitly prohibited 50 cal bmg and some stuff dc categorizes as armor piercing" and bring it into DC. If you only own a shotgun you could buy and bring 11mm, 9mm, 40 cal, 223, 5.56, .22 etch into the district and keep it there. But recently, sellers got prohibited from selling ammo within DC unless they confirmed buyer had a registration for that caliber. its kinda silly since 99.999% of ammo people who live in DC are buying they are buying their ammo in Virginia or maryland.