Dick Heller Win Against DC Ammunition Restrictions
By Dean Weingarten. Sept 21, 2022
On June 30, 2022, the Heller Foundation, along with Dick Heller and Charles W. Nesby, filed an 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.
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Before the case came to trial, the District of Columbia folded, repealed 24 DCMR § 2343.1, and asked for a stay while they negotiate a settlement with the Heller Foundation.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... .....