Firearms Control Regulations Act of 1975
Encyclopedia
The Firearms Control Regulations Act of 1975 was passed by the District of Columbia city council
on September 24, 1976. 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 provision violate the Second Amendment. The law banned residents from owning handgun
s, automatic firearm
s, and 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", thus amounting to a prohibition on the use of firearms for self-defense in the home.
'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
. On March 9, 2007, portions of the law were declared unconstitutional by a three-judge panel of the United States Court of Appeals
, in a 2-1 ruling in the case District of Columbia v. Heller
. The District subsequently applied for a rehearing en banc
, which was denied, and 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. 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
ban.
Council of the District of Columbia
The Council of the District of Columbia is the legislative branch of the local government of the District of Columbia. As permitted in the United States Constitution, the District is not part of any U.S. state and is instead overseen directly by the federal government...
on September 24, 1976. On June 26, 2008, in the historic case of District of Columbia v. Heller
District of Columbia v. Heller
District of Columbia v. Heller, 554 U.S. 570 , was a landmark case in which the Supreme Court of the United States held that the Second Amendment to the United States Constitution protects an individual's right to possess a firearm for traditionally lawful purposes in federal enclaves, such as...
, the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
determined that the ban and trigger lock provision violate the Second Amendment. The law banned residents from owning handgun
Handgun
A handgun is a firearm designed to be held and operated by one hand. This characteristic differentiates handguns as a general class of firearms from long guns such as rifles and shotguns ....
s, automatic firearm
Automatic firearm
An automatic firearm is a firearm that loads another round mechanically after the first round has been fired.The term can be used to refer to semi-automatic firearms, which fire one shot per single pull of the trigger , or fully automatic firearms, which will continue to load and fire ammunition...
s, and high-capacity semi-automatic firearm
Semi-automatic firearm
A semi-automatic, or self-loading firearm is a weapon which performs all steps necessary to prepare the weapon to fire again after firing—assuming cartridges remain in the weapon's feed device or magazine...
s, as well as prohibited possession of unregistered firearm
Firearm
A firearm is a weapon that launches one, or many, projectile at high velocity through confined burning of a propellant. This subsonic burning process is technically known as deflagration, as opposed to supersonic combustion known as a detonation. In older firearms, the propellant was typically...
s. Exceptions to the ban were allowed for police officer
Police officer
A police officer is a warranted employee of a police force...
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
Trigger lock
A trigger lock is a device designed to prevent a firearm from being discharged while the device is in place. Generally, two pieces come together from either side behind the trigger and are locked in place, which can be unlocked with a key or combination. This physically prevents the trigger from...
or similar device", thus amounting to a prohibition on the use of firearms for self-defense in the home.
Constitutionality
Washington, D.C.Washington, D.C.
Washington, D.C., formally the District of Columbia and commonly referred to as Washington, "the District", or simply D.C., is the capital of the United States. On July 16, 1790, the United States Congress approved the creation of a permanent national capital as permitted by the U.S. Constitution....
's gun laws are considered by many to be the strictest in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, and have been challenged as infringing on constitutional
Constitutionality
Constitutionality is the condition of acting in accordance with an applicable constitution. Acts that are not in accordance with the rules laid down in the constitution are deemed to be ultra vires.-See also:*ultra vires*Company law*Constitutional law...
rights protected by the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
's Second Amendment
Second Amendment to the United States Constitution
The Second Amendment to the United States Constitution is the part of the United States Bill of Rights that protects the right of the people to keep and bear arms. It was adopted on December 15, 1791, along with the rest of the Bill of Rights.In 2008 and 2010, the Supreme Court issued two Second...
. On March 9, 2007, portions of the law were declared unconstitutional by a three-judge panel of the United States Court of Appeals
United States court of appeals
The United States courts of appeals are the intermediate appellate courts of the United States federal court system...
, in a 2-1 ruling in the case District of Columbia v. Heller
District of Columbia v. Heller
District of Columbia v. Heller, 554 U.S. 570 , was a landmark case in which the Supreme Court of the United States held that the Second Amendment to the United States Constitution protects an individual's right to possess a firearm for traditionally lawful purposes in federal enclaves, such as...
. The District subsequently applied for a rehearing en banc
En banc
En banc, in banc, in banco or in bank is a French term used to refer to the hearing of a legal case where all judges of a court will hear the case , rather than a panel of them. It is often used for unusually complex cases or cases considered to be of greater importance...
, which was denied, and appealed the decision to the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
. On June 26, 2008, the Court determined that the ban and trigger lock provision violate the Second Amendment. However, the ruling does not prohibit all forms of gun control
Gun politics
Gun politics addresses safety issues and ideologies related to firearms through criminal and noncriminal use. Gun politics deals with rules, regulations, and restrictions on the use, ownership, and distribution of firearms.-National sovereignty:...
; laws requiring firearm registration remain in place as does the city's assault weapon
Assault weapon
Assault weapon is a non-technical term referring to any of a broad category of firearms with certain features, including some semiautomatic rifles, some pistols, and some shotguns. There are a variety of different statutory definitions of assault weapons in local, state, and federal laws in the...
ban.
See also
- Crime in Washington, D.C.Crime in Washington, D.C.Crime in Washington, D.C. is directly related to the city's changing demographics, geography, and unique criminal justice system. The District's population reached a peak of 802,178 in 1950. However, shortly thereafter, the city began losing residents and by 1980 Washington had lost one-quarter of...
- District of Columbia home ruleDistrict of Columbia home ruleDistrict of Columbia home rule is a term to describe the various means by which residents of the District of Columbia are able to govern their local affairs...
- District of Columbia v. HellerDistrict of Columbia v. HellerDistrict of Columbia v. Heller, 554 U.S. 570 , was a landmark case in which the Supreme Court of the United States held that the Second Amendment to the United States Constitution protects an individual's right to possess a firearm for traditionally lawful purposes in federal enclaves, such as...
- Gun politics in the United StatesGun politics in the United StatesGun politics in the United States refers to an ongoing political and social debate regarding both the restriction and availability of firearms within the United States. It has long been among the most controversial and intractable issues in American politics...
- Warren v. District of ColumbiaWarren v. District of ColumbiaWarren v. District of Columbia is a U.S. Court of Appeals case in which three rape victims sued the District of Columbia because of negligence on the part of the police. Two of three female roommates were upstairs when they heard men break in and attack the third...