Firearms Control Regulations Act of 1975

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The Firearms Control Regulations Act of 1975 was passed by the District of Columbia city council on June 26, 1976.[1] The law banned residents from owning handguns, automatic firearms, and 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"[2], thus amounting to a prohibition on the use of firearms for self-defense in the home.[3]

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.

Evaluation

Two evaluations 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.[4][5] 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.[6] The effect was greatest for homicides arising out of domestic violence involving family members and acquaitances.[6] Findings from another evaluation were published in 1991 in the New England Journal of Medicine.[7] This evaluation found that homicides and suicides 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 markets.[6]

These evaluations do not provide any conclusive findings and questions remain as to the effectiveness of the District of Columbia firearms law.[6] 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.[8][9] Results from the 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.[10]

Constitutionality

Washington, D.C.'s gun laws are considered by many to be the strictest in the United States, and have been challenged on grounds of constitutionality. Any benefits of the firearms law are weighed against the impact on personal liberty and rights under the United States Constitution's Second Amendment.[11][12] [13][14] On March 9, 2007, the law was overturned by a three-judge panel of the United States Court of Appeals, in a 2-1 ruling.[15] The District subsequently applied for a rehearing en banc, which was denied, and is appealing the decision to the Supreme Court of the United States.

See also

References

  1. ^ "Government Reform to Review D.C. s Handgun Ban". Congressman Tom Davis.
  2. ^ "The Case For Reforming The District of Columbia's Gun Laws". National Rifle Association.
  3. ^ 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. {{cite web}}: Cite has empty unknown parameter: |coauthors= (help)
  4. ^ U.S. Conference of Mayors (1980). The Analysis of the Firearms Control Act of 1975: Handgun Control in the District of Columbia.
  5. ^ Jones, E.D., III (1981). "The District of Columbia's Firearms Control Regulations Act of 1975: The toughest handgun control law in the United States—or is it?". Annals of the American Academy of Political and Social Science. 455: p. 138-149. {{cite journal}}: |pages= has extra text (help)CS1 maint: multiple names: authors list (link)
  6. ^ a b c d Commission on Behavioral and Social Sciences and Education (1993). Understanding and Preventing Violence, Volume 1. National Academy of Sciences. pp. p. 278. {{cite book}}: |pages= has extra text (help)
  7. ^ Loftin, C., d. McDowall, B. Wiersema, and T.J. Cottey (1991). "Effects of restrictive licensing of handguns on homicide and suicide in the District of Columbia". New England Journal of Medicine. 325: p. 1615-1620. {{cite journal}}: |pages= has extra text (help)CS1 maint: multiple names: authors list (link)
  8. ^ Butterfield, Fox (July 1, 1999). "Gun Flows to Criminals Laid to Tiny Fraction of Dealers". The New York Times.
  9. ^ Wintemute, Garen (2000). "Guns and Gun Violence". In Blumstein, Alfred, Joel Wallman (ed.). The Crime Drop in America. Cambridge University Press.{{cite book}}: CS1 maint: multiple names: editors list (link)
  10. ^ "Youth Crime Gun Interdiction Initiative (1998)". Bureau of Alcohol, Tobacco, Firearms and Explosives.
  11. ^ Kates, Jr. Don B. (1983). "Handgun Prohibition and the Original Meaning of the Second Amendment". Michigan Law Review. 204.
  12. ^ Reynolds, Glenn Harlan (1995). "A Critical Guide to the Second Amendment". Tennessee Law Review. 461.
  13. ^ Hirschman, Albert O. (1991). The Rhetoric of Reaction: Perversity, Futility, Jeopardy.
  14. ^ Polsby, Daniel P. (March 1994). "The False Promise of Gun Control". Atlantic Monthly.
  15. ^ Miller, Bill and Robert Barnes (March 9, 2007). "Appeals Court Guts D.C. Gun Ban". The Washington Post.
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