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Heller Wins Against DC Ammunition Restrictions
AmmoLand ^ | September 17, 2022 | Dean Weingarten

Posted on 09/21/2022 4:41:01 AM PDT by marktwain

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Before the case came to trial, the District of Columbia folded, repealed 24 DCMR § 2343.1, and asked for a stay while they negotiate a settlement with the Heller Foundation.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


(Excerpt) Read more at ammoland.com ...


TOPICS:
KEYWORDS: ammunition; banglist; dc; heller
I suspect there will be a split in the Circuits on magazine bans. The Ninth will figure some way to conclude such a ban is Constitutional.

Then the Supreme Court will find the ban to be unconsitutional.

1 posted on 09/21/2022 4:41:01 AM PDT by marktwain
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To: marktwain

I don’t think the ninth will find a way. More like invent a way.


2 posted on 09/21/2022 5:03:26 AM PDT by jimpick
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To: marktwain

Observing from the outside looking in, events appear the hugest assault on gun ownership is occurring, up front and hidden: from the push for a cashless digital “ currency”, ( total control of what you can spend your money on) to another record month of gun and ammo purchases by citizens, to militarizing the IRS and other .gov agencies, to using the disgraced FBI against conservatives, ….sure looks like a “ show down” is in the making.

As I have been closely following record gun and ammo purchases by citizens since Nobama’s time, it is clear our citizens have been “ smelling” something,
and have either consciously or unconsciously been preparing for a historic showdown.


3 posted on 09/21/2022 5:12:32 AM PDT by delta7
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To: marktwain

Dick Heller is an unsung American hero.


4 posted on 09/21/2022 6:55:09 AM PDT by Wayne07
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To: marktwain
The current situation is nothing more than putting lipstick on a pig !
It resolves nothing !

5 posted on 09/21/2022 7:17:17 AM PDT by Tilted Irish Kilt
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To: Wayne07
Dick Heller is an unsung American hero.

Big time.

6 posted on 09/21/2022 8:59:44 AM PDT by zeugma (Stop deluding yourself that America is still a free country.)
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To: marktwain

SCOTUS also already has declared laws mandating gun safes, trigger locks, etc., unconstitutional because a gun secured in such a fashion is not IMMEDIATELY available to use in support of your Constitutionally-enumerated right. Magazine changes don’t happen instantaneously so the same principle should apply there. Any law that would prevent you carrying the highest capacity magazine you can get sentences you to unnecessary magazine changes.


7 posted on 09/21/2022 6:52:27 PM PDT by Paal Gulli
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To: marktwain

I am guessing that the NRA was no help in any of this?
Are they known to ever provide financial assistance to anything like this.
I remember when Wayne LaPierre was head of the ILA he was adamant about NOT doing so. I do not believe he has ever changed his mind. Please correct me, anyone, with my gratitiude.


8 posted on 09/28/2022 2:29:13 PM PDT by BDParrish (God called, He said He'd take you back!)
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