A DC resident who won a landmark 2008 Supreme Court case to stop the city from banning all handguns, another lawsuit to ban “ghost guns” with a new law Has run
Dick A. Heller, who lives in southeastern Washington, says stopping so-called ghost guns, or homemade polymer guns without serial numbers, is a long way off.
“The district legislation in question is so poorly thought and written that the city council has managed to seize a wide range of popular, common handguns that allow residents to register regularly, including Handguns issued to their police officers, “according to the suit.
The DC Council has praised the law as a way to control non-guns used by criminals that police cannot find. In 2019, the Metropolitan Police Department reported that it recovered 116 ghost guns, which it said were “more common” because parts can be purchased online and stored at someone’s home. can.
Mr Heller, however, said the law violated his Second Amendment right to bear arms. He made the same argument in a previous lawsuit that targeted the city’s blanket ban on handguns, and the High Court eventually ruled in his favor 5-4.
He said that the elected officials of the district have been committed to the nefarious policy of ‘self-government for me’ for a long time, but there is no defense for you.
City legislation defines a ghost gun as “a firearm that is not as recognizable after removing all parts except the receiver as through a walk-through metal detector.”
When all parts except the receiver are removed from the gun, all that remains is a polymer frame – not metal. Thus, the suit claims that the city “apparently inadvertently … outlawed the existing polymer frame handgun.”
It may be a good thing that the district city council and the district government lack firearms technology so much that they do not know what they have done.
Mr Heller is joined in two other DC residential suits by Andrew Hanson and Albie Goodwin, both of whom claim they are concerned that their polymer guns are now illegal. He is being represented by Virginia-based law firm Arsenal Attorney George Lyon.
Polymer guns are popular with both citizens and police because they do not have a metal frame, making them less heavy and easier to carry. This points to an article by guns.com that the 10 pistols sold in 2020 were all based on polymers.
The new law adds a ban on making guns in the city without a dealer’s license in 1976, and Mr. Heller says the laws “prevent him from making firearms that would otherwise be allowed to be registered.”
The new law also bans recipients of incomplete handgun frames or rifles for guns, which Mr Heller believes is the reason why the gun kit he ordered and the City Register for Registration The federal firearms license was sent back to the manufacturer in April.
“The right to make an arm is equal to the right to have an arm,” the suit said. “If Mr. Heller cannot obtain advance parts for firearms, such as an incomplete recipient, whatever is under district law, he cannot make firearms.” He is seeking compensation for his failure to make firearms.
The lawsuit also notes that DC’s law is stricter than alcohol, tobacco and firearms. The ATF has ruled that parts do not qualify as firearms because the components, alone, cannot be used to shoot a projectile.
A coalition of about 20 state attorney generals sued the ATF in December, arguing that its interpretation led to an increase in non-deliverable guns. Less than three months later, President Biden vowed to direct the Department of Justice to issue new regulations for ghost guns “to deal with gun violence.”
DC gun owners, meanwhile, want a judge to declare the city’s law unconstitutional and prevent its implementation.
The named defendants in a lawsuit filed in DC District Court last month include DC Mayor Morrell Bowser, a Democrat, Attorney General Carl A. Racine, and Police Chief Robert J. Conte, III. The Washington Times sent him requests for comment Monday.
City officials have until October 18 to respond to the lawsuit.