Comments on: Options for DC Residents

By: Xrlq

Xrlq — Thu, 12 Jul 2007 13:52:53 +0000

Sebastian, you are correct that long guns may be purchased out of state so long as the laws of both jurisdictions are complied with. You don't need to work with an FFL in your home state to do that. Presumably, that's how DC's current owners of long guns (y'know, the ones they could technically own prior to Parker, as long as they stored them in a way that made them unusable in emergencies) got theirs. As to handguns, the only way I can see this working is to find an FFL in the District and work through him. For a minute there, I was thinking DC residents might be able to get around the general prohibition on out of state handgun purchases in 18 U.S.C. 922(a)(3),(5) on the basis that DC isn't a state. Unfortunately, 18 U.S.C. 921(a)(2) kills that argument by expressly definining the term "State" to include DC.

By: SayUncle » In one week

SayUncle » In one week — Thu, 12 Jul 2007 12:45:42 +0000

[...] they don’t appeal, Sebastian wants to know what options residents really have for getting guns. I said before that: What say a bunch of us gun bloggers and readers pool our money and open a gun [...]

By: vinnie

vinnie — Wed, 11 Jul 2007 20:52:11 +0000

Time for a gun show on the mall!!

By: Sebastian

Sebastian — Wed, 11 Jul 2007 20:06:22 +0000

The local police does not have to sign off on the C&R. You just have to send them a copy. I think they are only supposed to take action if the police have some reason to believe you’re a prohibited person. There’s no zoning requirements for ATF on C&Rs, so the DC police just can’t call them and say “We don’t want one in our city”.

By: Sailorcurt

Sailorcurt — Wed, 11 Jul 2007 19:52:10 +0000

My understanding is that this suit was very narrowly tailored and only addressed having available firearms in the home for protection. Their laws against carry in public will stand until overturned by separate court action…which I don’t see forthcoming considering there are two other states and several localities which preclude the carrying of firearms.

The “no gun shops” issue is a real concern. Under current BATFE regs, in order to get an FFL, one must obtain the approval of the local government. All DC has to do to keep their gun ban in effect for all practical purposes is deny any permission for FFLs to do business in their fair city.

The work-arounds would be antique guns as you mentioned, Curios and Relics (which the local Chief of Police must sign off on so that isn’t foolproof), and people moving into the district who already own guns.

Also, people who already own long guns and have simply been keeping them disabled may now ready them for self defense.

But for all practical purposes, it will take further suits to remove the gun prohibitions in DC and they may not be successful.

This, of course, is all in my very much non-lawyer opinion so take it for what it’s worth…

By: Bitter

Bitter — Wed, 11 Jul 2007 19:18:13 +0000

I think it’s the lack of laws on purchasing out of state that may be the problem. But as you know, I’m not an attorney and don’t have the laws memorized.