Dec. 23 (UPI) — The federal government is suing Washington, D.C., to ease its gun-ownership laws, which are the strictest in the nation.
The U.S. Department of Justice filed the suit Monday in federal court seeking to declare the laws unconstitutional and prevent the District from enforcing them. The laws ban most semiautomatic rifles and other firearms from being registered with the police department. This makes any possession of those guns illegal. AK-47s and AR-15s are among those that are illegal. Those owning those guns can face misdemeanor charges and fines.
The action “underscores our ironclad commitment to protecting the Second Amendment rights of law-abiding Americans,” Attorney General Pam Bondi said in a statement. “Washington, D.C.’s ban on some of America’s most popular firearms is an unconstitutional infringement on the Second Amendment — living in our nation’s capital should not preclude law-abiding citizens from exercising their fundamental constitutional right to keep and bear arms.”
The suit cites District of Columbia v. Heller, which was decided by the Supreme Court in 2008. Before Heller, the District made it illegal to carry unregistered firearms but it also banned the registration of handguns. The Heller decision said that people can have guns in their homes for self-defense.
After Heller, the District updated its gun laws and included a registry and training requirements. But it still makes assault rifles impossible to register.
The suit filed by the Justice Department argues the merit of the law.
“D.C.’s current semi-automatic firearms prohibition that bans many commonly used pistols, rifles or shotguns is based on little more than cosmetics, appearance, or the ability to attach accessories, and fails to take into account whether the prohibited weapon is ‘in common use today’ or that law-abiding citizens may use these weapons for lawful purposes protected by the Second Amendment. Therefore, the District’s restrictions lack legal basis,” the filing said.
D.C. Mayor Muriel E. Bowser, a Democrat, said in a statement Monday, reported by the Washington Post, that the District would “vigorously defend our right to make decisions that keep our city safe.”
“Gun violence destroys families, upends communities, and threatens our collective sense of safety. MPD has saved lives by taking illegal guns off our streets — efforts that have been praised by our federal partners,” Bowser said. “It is irresponsible to take any steps that would lead to more, and deadlier, guns in our communities, especially semi-automatic rifles like AR-15s.”
Lawyers from Everytown Law, a gun safety organization, said the city’s gun bans are legal.
“The legal consensus is clear: assault weapon bans are constitutional. Since the Supreme Court’s rulings in Bruen and Rahimi, federal courts have repeatedly affirmed that these laws are consistent with the Second Amendment,” Bill Taylor, deputy director of Second Amendment litigation at Everytown Law, said in a statement. “Assault weapons are designed for mass devastation, and we look forward to supporting D.C. as it defends this critical common-sense safety measure.”
District of Columbia U.S. Attorney Jeanine Pirro told prosecutors in August not to enforce felony charges for the city’s ban on openly carrying rifles and shotguns in public or the city’s ban on magazines that hold more than 10 bullets.