Firearms Control Regulations Act of 1975: Difference between revisions
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The '''Firearms Control Regulations Act of 1975''' was passed by the [[District of Columbia]] |
The '''Firearms Control Regulations Act of 1975''' was passed by the [[District of Columbia]] [[Council of the District of Columbia|city council]] on June 29, 1976,<ref>"Gun Control Bill In Washington, D.C.", ''St. Louis Post-Dispatch'', June 30, 1976, p. 2D</ref><ref>{{cite web |url=http://tomdavis.house.gov/cgi-data/news/files/191.shtml |title=Government Reform to Review D.C. s Handgun Ban |publisher=Congressman [[Thomas M. Davis|Tom Davis]] |access-date=2007-03-09 |archive-url=https://web.archive.org/web/20070228194658/http://tomdavis.house.gov/cgi-data/news/files/191.shtml |archive-date=2007-02-28 |url-status=dead }}</ref> and went into effect September 24, 1976.<ref>"Washington Gets Tough Gun Law", ''St. Louis Post-Dispatch'', September 24, 1976, p. 16A</ref> The law banned residents from owning [[handgun]]s, [[automatic firearm]]s, or high-capacity [[semi-automatic firearm]]s, as well as prohibited possession of unregistered [[firearm]]s. Exceptions to the ban were allowed for [[police officer]]s and guns registered before 1976. The law also required firearms kept in the home to be "unloaded, disassembled, or bound by a [[trigger lock]] or similar device";<ref>{{cite web |url=http://www.nraila.org/news-issues/fact-sheets/2007/the-case-for-reforming-the-district-of.aspx?s=washington+dc&st=&ps= |title=The Case For Reforming The District of Columbia's Gun Laws |publisher=National Rifle Association}}</ref> this was deemed to be a prohibition on the use of firearms for self-defense in the home.<ref name=dc-circuit-opinion> |
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{{cite web |
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|url= http://pacer.cadc.uscourts.gov/docs/common/opinions/200703/04-7041a.pdf |
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|title= Case No. 04-7041, Parker v. D.C. |
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|accessdate= 2008-02-12 |
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|author= Senior Circuit Judge Silberman |
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|authorlink= |
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|date= 2007-03-09 |
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|publisher= United States Court of Appeals for the District of Columbia Circuit |
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|pages= 58 |
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|quote= Section 7-2507.02, like the bar on carrying a pistol within the home, amounts to a complete prohibition on the lawful use of handguns for self-defense.}}</ref> On June 26, 2008, in the historic case of ''[[District of Columbia v. Heller]]'', the [[Supreme Court of the United States]] determined that the ban and trigger lock provisions violate the [[Second Amendment to the United States Constitution|Second Amendment]]. |
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Portions of this law were struck down by [[United States Court of Appeals for the District of Columbia Circuit]] in the case [[Parker v. District of Columbia]]. This ruling has been stayed pending appeal with the United States Supreme Court. |
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| ⚫ | [[Washington, D.C.]]'s gun laws are considered by many to be the strictest in the United States, and have been challenged as infringing on [[constitutionality|constitutional]] rights protected by the [[United States Constitution]]'s [[Second Amendment to the United States Constitution|Second Amendment]].<ref>{{cite journal |author=Kates, Jr. Don B. |title=Handgun Prohibition and the Original Meaning of the Second Amendment |journal=Michigan Law Review |volume=204 |year=1983}}</ref><ref>{{cite journal |author=Reynolds, Glenn Harlan |title=A Critical Guide to the Second Amendment |journal=Tennessee Law Review |volume=461 |year=1995}}</ref><ref>{{cite book |author=Hirschman, Albert O. |title=The Rhetoric of Reaction: Perversity, Futility, Jeopardy |url=https://archive.org/details/rhetoricofreacti0000hirs |url-access=registration |year=1991}}</ref><ref>{{cite news |author=Polsby, Daniel P. |title=The False Promise of Gun Control |publisher=Atlantic Monthly |date=March 1994}}</ref> On March 9, 2007, portions of the law were declared unconstitutional by a three-judge panel of the [[United States Court of Appeals for the District of Columbia Circuit]], in a 2-1 ruling in the case [[District of Columbia v. Heller]].<ref>{{cite news |url=https://www.washingtonpost.com/wp-dyn/content/article/2007/03/09/AR2007030901090.html |title=Appeals Court Guts D.C. Gun Ban |author=Miller, Bill and Robert Barnes |date=2007-03-09 |work=The Washington Post}}</ref> After the District's application for a rehearing [[en banc]] was denied, it appealed the decision to the [[Supreme Court of the United States]]. On June 26, 2008, the Court determined that the ban and trigger lock provision violate the Second Amendment.<ref>{{cite web | first= | last= | title=United States: Gun Ownership and the Supreme Court| url =https://www.washingtonpost.com/wp-dyn/content/article/y2008/06/26/AR2008062600615.html | work =Library of Congress | pages = | accessdate = 7 December 2015| language = }}{{dead link|date=June 2021|bot=medic}}{{cbignore|bot=medic}}</ref> However, the ruling does not prohibit all forms of [[gun politics|gun control]]; laws requiring firearm registration remain in place as does the city's [[assault weapon]] restriction.<ref>{{cite news|first=David |last=Nakamura |title=D.C. Attorney General: All Guns Must Be Registered |date=2008-06-26 |url=http://blog.washingtonpost.com/dc/2008/06/dc_attorney_general_all_guns_m.html |work=The Washington Post |accessdate=2008-06-26 |url-status=dead |archiveurl=https://web.archive.org/web/20081011085230/http://blog.washingtonpost.com/dc/2008/06/dc_attorney_general_all_guns_m.html |archivedate=2008-10-11 }}</ref> |
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== See also == |
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Two [[evaluation]]s of the Firearms Control Regulations Act of 1975 were done a few years after the law was enacted, including one commissioned by the [[United States Conference of Mayors]].<ref>{{cite book |author=U.S. Conference of Mayors |year=1980 |title=The Analysis of the Firearms Control Act of 1975: Handgun Control in the District of Columbia}}</ref><ref>{{cite journal |author=Jones, E.D., III |year=1981 |title=The District of Columbia's Firearms Control Regulations Act of 1975: The toughest handgun control law in the United States—or is it? |journal=Annals of the American Academy of Political and Social Science |volume=455 |pages=p. 138-149}}</ref> These evaluations found that during periods of rigorous [[enforcement]] of the law in the three years after implementation, there was some reduction in rates of gun [[robbery]], [[assault]], and [[homicide]].<ref name="nas-1993">{{cite book |title=Understanding and Preventing Violence, Volume 1 |year=1993 |author=Commission on Behavioral and Social Sciences and Education |publisher=National Academy of Sciences |pages=p. 278}}</ref> The effect was greatest for homicides arising out of [[domestic violence]] involving family members and acquaitances.<ref name="nas-1993"/> Findings from another evaluation were published in 1991 in the [[New England Journal of Medicine]].<ref>{{cite journal |author=Loftin, C., d. McDowall, B. Wiersema, and T.J. Cottey |year=1991 |title=Effects of restrictive licensing of handguns on homicide and suicide in the District of Columbia |journal=New England Journal of Medicine |volume=325 |pages=p. 1615-1620}}</ref> This evaluation found that homicides and [[suicide]]s by firearm decreased by one quarter immediately after the law was enacted, with the effect remaining until 1988 when homicides by firearms increased with the prevalence of [[crack cocaine|crack]] markets.<ref name="nas-1993"/> |
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These evaluations do not provide any conclusive findings and questions remain as to the effectiveness of the District of Columbia firearms law.<ref name="nas-1993"/> One reason that local laws, such as the D.C. laws, may be ineffective is that guns are often trafficked into cities from other parts of the United States, particularly the southern states.<ref name="butterfield">{{cite news |author=Butterfield, Fox |title=Gun Flows to Criminals Laid to Tiny Fraction of Dealers |publisher=The New York Times |date=July 1, 1999}}</ref><ref>{{cite book |author=Wintemute, Garen |chapter=Guns and Gun Violence |title=The Crime Drop in America |editor=Blumstein, Alfred, Joel Wallman |publisher=Cambridge University Press |year=2000}}</ref> Results from the [[Bureau of Alcohol, Tobacco, Firearms and Explosives|ATF]]'s [[Youth Crime Gun Interdiction Initiative]] indicate that the percentage of imported guns involved in crimes is tied to the stringency of local firearm laws.<ref name="ycgii">{{cite web |url=http://www.atf.gov/firearms/ycgii/ |title=Youth Crime Gun Interdiction Initiative (1998) |publisher=Bureau of Alcohol, Tobacco, Firearms and Explosives}}</ref> |
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| ⚫ | [[Washington, D.C.]]'s gun laws are considered by many to be the strictest in the |
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==See also== |
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* [[Crime in Washington, D.C.]] |
* [[Crime in Washington, D.C.]] |
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* [[D.C. Statehood]] |
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* [[District of Columbia home rule]] |
* [[District of Columbia home rule]] |
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* [[District of Columbia |
* ''[[District of Columbia v. Heller]]'' |
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* [[Gun politics in the United States]] |
* [[Gun politics in the United States]] |
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==External links== |
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*[https://archive.org/stream/firearmscontrol00colugoog/firearmscontrol00colugoog_djvu.txt Text of the Firearms Control Regulations Act of 1975] |
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==References== |
==References== |
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{{reflist|30em}} |
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<references/> |
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[[Category:Washington, D.C.]] |
[[Category:History of Washington, D.C.]] |
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[[Category:United States firearms law]] |
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Latest revision as of 17:24, 30 October 2023
The Firearms Control Regulations Act of 1975 was passed by the District of Columbia city council on June 29, 1976,[1][2] and went into effect September 24, 1976.[3] The law banned residents from owning handguns, automatic firearms, or high-capacity semi-automatic firearms, as well as prohibited possession of unregistered firearms. Exceptions to the ban were allowed for police officers and guns registered before 1976. The law also required firearms kept in the home to be "unloaded, disassembled, or bound by a trigger lock or similar device";[4] this was deemed to be a prohibition on the use of firearms for self-defense in the home.[5] On June 26, 2008, in the historic case of District of Columbia v. Heller, the Supreme Court of the United States determined that the ban and trigger lock provisions violate the Second Amendment.
Constitutionality[edit]
Washington, D.C.'s gun laws are considered by many to be the strictest in the United States, and have been challenged as infringing on constitutional rights protected by the United States Constitution's Second Amendment.[6][7][8][9] On March 9, 2007, portions of the law were declared unconstitutional by a three-judge panel of the United States Court of Appeals for the District of Columbia Circuit, in a 2-1 ruling in the case District of Columbia v. Heller.[10] After the District's application for a rehearing en banc was denied, it appealed the decision to the Supreme Court of the United States. On June 26, 2008, the Court determined that the ban and trigger lock provision violate the Second Amendment.[11] However, the ruling does not prohibit all forms of gun control; laws requiring firearm registration remain in place as does the city's assault weapon restriction.[12]
See also[edit]
- Crime in Washington, D.C.
- District of Columbia home rule
- District of Columbia v. Heller
- Gun politics in the United States
- Warren v. District of Columbia
External links[edit]
References[edit]
- ^ "Gun Control Bill In Washington, D.C.", St. Louis Post-Dispatch, June 30, 1976, p. 2D
- ^ "Government Reform to Review D.C. s Handgun Ban". Congressman Tom Davis. Archived from the original on 2007-02-28. Retrieved 2007-03-09.
- ^ "Washington Gets Tough Gun Law", St. Louis Post-Dispatch, September 24, 1976, p. 16A
- ^ "The Case For Reforming The District of Columbia's Gun Laws". National Rifle Association.
- ^
Senior Circuit Judge Silberman (2007-03-09). "Case No. 04-7041, Parker v. D.C." (PDF). United States Court of Appeals for the District of Columbia Circuit. p. 58. Retrieved 2008-02-12.
Section 7-2507.02, like the bar on carrying a pistol within the home, amounts to a complete prohibition on the lawful use of handguns for self-defense.
- ^ Kates, Jr. Don B. (1983). "Handgun Prohibition and the Original Meaning of the Second Amendment". Michigan Law Review. 204.
- ^ Reynolds, Glenn Harlan (1995). "A Critical Guide to the Second Amendment". Tennessee Law Review. 461.
- ^ Hirschman, Albert O. (1991). The Rhetoric of Reaction: Perversity, Futility, Jeopardy.
- ^ Polsby, Daniel P. (March 1994). "The False Promise of Gun Control". Atlantic Monthly.
- ^ Miller, Bill and Robert Barnes (2007-03-09). "Appeals Court Guts D.C. Gun Ban". The Washington Post.
- ^ "United States: Gun Ownership and the Supreme Court". Library of Congress. Retrieved 7 December 2015.[dead link]
- ^ Nakamura, David (2008-06-26). "D.C. Attorney General: All Guns Must Be Registered". The Washington Post. Archived from the original on 2008-10-11. Retrieved 2008-06-26.