Heller Wins Against DC Ammunition Restrictions

CCRKBA: ‘Impeachment’s Hidden Agenda’ to Derail 2A Judge Confirmations
Heller Wins Against DC Ammunition Restrictions

U.S.A.-(AmmoLand.com)-– On June 30, 2022, the Heller Foundation, along with Dick Heller and Charles W. Nesby, filed a 42 U.S.C. § 1983 and § 1988 lawsuit against the District of Columbia. The claim is that 24 DCMR § 2343.1 of the District code is unconstitutional under the Second Amendment.  The section limits how much ammunition an individual may carry for the purposes of self-defense in DC.

24 DCMR § 2343.1

2343.1

A person issued a concealed carry license by the Chief, while carrying the pistol, shall not carry more ammunition than is required to fully load the pistol twice, and in no event shall that amount be greater than twenty (20) rounds of ammunition.

Before the case came to trial, the District of Columbia folded, repealed 24 DCMR § 2343.1, and asked for a stay while they negotiate a settlement with the Heller Foundation. From the Defendant’s Notice of Repeal:

Defendants provide the attached Notice of Emergency and Proposed Rulemaking by the Metropolitan Police Department, promulgated on September 14, 2022. See Exhibit A ( Notice of Emergency and Proposed Rulemaking). It was effective immediately on signature and will be published in the September 23, 2022 edition of the D.C. Register.1 The Notice repeals the ammunition limit challenged here, 24 DCMR § 2343.1. Date: September 14, 2022

The Court granted a stay until October 17, 2022. During that time, the parties are to work on a negotiated settlement.  From the Joint motion to stay litigation:

Plaintiffs Dick Anthony Heller, Charles W. Nesby, and the Heller Foundation, and Defendants District of Columbia and Robert Conti, Chief of the Metropolitan Police Department (collectively, the Parties), jointly move to stay this litigation until October 17, 2022. The Parties are discussing settlement and need additional time to pursue a potential resolution that would avoid further litigation. To facilitate these efforts, the Parties request that the Court stay this matter until October 17, 2022, and order the Parties to submit a joint status report by October 17, 2022, updating the Court on the status of any settlement negotiations and whether a further stay of proceedings is warranted. A memorandum of points and authorities and the text of a proposed order are attached. Date: September 14, 2022

While this appears to be the end of the DC ban on how much ammunition may be carried for self-defense, it seems likely the District of Columbia knew this case was a loser for them. They may have wished to prevent a court loss, which might have been used as precedent in future cases.

The District of Columbia still has a ban on magazines that hold more than 10 rounds of ammunition. It is D.C. Official Code § 7-2506.01:

 (b) No person in the District shall possess, sell, or transfer any large capacity ammunition feeding device regardless of whether the device is attached to a firearm. For the purposes of this subsection, the term “large capacity ammunition feeding device” means a magazine, belt, drum, feed strip, or similar device that has a capacity of, or that can be readily restored or converted to accept, more than 10 rounds of ammunition. The term “large capacity ammunition feeding device” shall not include an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition.

The entire docket of the case can be accessed at the Court Listener Docket.

The ban on magazine capacity over 10 rounds is being litigated in several cases. It appears likely the ban will be struck down by the courts, as there is no history of widespread or national bans on magazine capacity before 1989 when California adopted a controversial ban on commonly owned rifles and magazines that held over 10 rounds.

Judge Roger T. Benitz stuck down the California ban in 2019. The three-judge panel in the Ninth Circuit agreed with Judge Benitez. Then the Ninth Circuit heard the case en banc and reversed Judge Benitez and the three-judge panel. The case was appealed to the Supreme Court. After Bruen, the Supreme Court reversed the Ninth Circuit en banc panel and told them to hear the case again.

It is very likely magazine bans will be found unconstitutional for the entire United States, including the District of Columbia.

Dick Heller and the Heller Foundation continue to chip away at Second Amendment infringements. This incremental approach has been shown to be effective.


About Dean Weingarten:

Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of Constitutional Carry was attained. He has degrees in meteorology and mining engineering, and retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.

Dean Weingarten

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Wild Bill

That is terrific news. Thanks for bringing it to us Mr. Weingarten.

hippybiker

Dick Heller. A man who took some money and set up a foundation to fight Second Amendment infringements. That’s absolutely amazing! Good work, Mr. Heller!

Finnky

Enough ammo to fully load pistol twice, not to exceed 20 total. Even if using neutered 10 round magazines, it takes 11 to fully load once or 22 to fully load twice. I’m confused how anyone could come up with such nonsensical rules. Sounds like they asked their five year old to write something up. I like my 20 round magazines for concealed pistol, but seemed I was outclassed in ammo capacity as well as accuracy by quite a few of the other shooters this weekend. Some could blow through stages on a single mag while I was lucky to… Read more »

Miserable Wretch

Heller must get off on the left’s tears.

gregs

rather, he gets off on the exercising of his freedoms provided by our God and not bowing down to the wisdom of man.

Tionico

and may many more take up the same response. The left’s tears are delicious as they are sure sign of their defeat. And I love me the smell of their defeat. May it happen more frequently as time marches on.

HLB

the parties are to work on a negotiated settlement”.

I find that the 2nd Amendment is being “negotiated” to be unsettling.

Any negotiated infringements will cost dearly to be regained.

HLB

swmft

how much dc will be paying for their crimes not what you are thinking….lawyers fees and should have been done as class actioncould have broke the bank in dc

HLB

I see. I suppose I am just to used to being sold out.

HLB

swmft

not an nra lawyer, just someone with enough money that is tired of having his rights trampled on

Tionico

Read for conprehension much? The pice plainly describes that the petitioin has been gratned, the ammo possession limits are GONE. What is being negotiated is the size of the pain pill the rotten gummit of DC will have to swallow aspenance for their new bill, rotten and illegal from the git go, and the costs rightly due Mr. Heller and Friends for refusing to admit their deceit and yank the bill straightaway. :awyers cost money, cubic money, and Mr. Heller has spent a boatload of his own to press this case. Now he’s won he is due his costs, and… Read more »

Chuck

Got my fingers crossed. Hoping we’ll get rid of Commierado’s Unconstiturional Capacity Limits signed into Law by that Sack of Scheiße Lickshispooper (Now Senator, then Governor).

swmft

machine guns ,next chip to make , a machine pistol would make a great self defense gun (or not )

Duane

If one takes the time to learn how to use them properly. They can be a very useful tool for self defense.

Other wise they are a good ammo waster.

Ledesma

Machine guns are almost exclusively military weapons because militaries are the only ones that can afford the staggering ammo bills.

DDS

I read a story once. It’s been a while so the details are vague. But the story was that sometime just before WWII, a Bofors sales person was at a gathering of government officials from Asia trying to interest them in their 40mm cannon. The Chinese representative asked some follow up questions about rate of fire and cost per round, then told the salesman “This gun fires much too rapidly for China!”

https://en.wikipedia.org/wiki/Bofors_40_mm_L/60_gun

buzzsaw

We sometimes see articles here about bear spray, usually failures. One of the most effective bear sprays I can think of would be a full auto MP5, preferably chambered in 10 mm, wielded by someone who has practiced with and can handle it. (No, I’ve never fired a full auto MP5, let alone one of the rare 10 mm ones, but I’d love to.)

swmft

m14 works on bears, and cars ,everyone has fits about control , it does want to climb but with a for grip they are cats meow , but ammo bill IS hell

Boom

I’ve never seen of a 10mm mp5 ..

swmft

they are out there watch auctions or midwest

Boom

Like actually made by H&K?

hippybiker

Years ago I had the opportunity to fire an MP5 with a built on Maxim Suppressor. Awesome weapon and easy to control! Unfortunately at the time and most likely still because it is an imported military weapon, civilian ownership is out of the question.

hippybiker

That would make a great “crowd pleaser!”