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Washington DC Firearm Laws

last updated: December 2, 2019

Firearm laws are posted here as a courtesy only and are updated as often as possible. Please check with the actual state website for any additions / revisions to law that may have been made. Up to date information can be found at http://www.lexisnexis.com/hottopics/dccode/.

Constitution for the State of New Columbia - Article I. Bill of Rights

Sec. 102. Right to keep and bear arms.

A well regulated militia being necessary to the security of a free State, the right of the people to keep and bear arms, shall not be infringed.

DIVISION I - GOVERNMENT OF DISTRICT

TITLE 1 - GOVERNMENT ORGANIZATION

Chapter 3 - Specified Governmental Authority

Subchapter II - Regulatory Authority

Part C - General

§1-303.43 - Regulations relative to firearms, explosives, and weapons

The Council of the District of Columbia is hereby authorized and empowered to make, and the Mayor of the District of Columbia is hereby authorized and empowered to enforce, all such usual and reasonable police regulations, in addition to those already made under §1-303.01 to 1-303.03 as the Council may deem necessary for the regulation of firearms, projectiles, explosives, or weapons of any kind in the District of Columbia.

History:

(June 30, 1906, 34 Stat. 809, ch. 3932, §4.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications
1981 Ed., §1-321.
1973 Ed., §1-227.
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 402(4) of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to the District of Columbia Council, subject to the right of the Commissioner as provided in §406 of the Plan. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, §711 (D.C. Code, §1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to §714(a) of such Act (D.C. Code, §1-207.14(a)), appropriate changes in terminology were made in this section.

TITLE 7 - HUMAN HEALTH CARE AND SAFETY

SUBTITLE J - PUBLIC SAFETY

Chapter 25 - Firearms Control

Unit A - Firearms Control Regulations

Subchapter I - Definitions

§7-2501.01 - (2014) Definitions

As used in this unit the term:

  1. "Acts of Congress" means:
    1. Chapter 45 of Title 22;
    2. Omnibus Crime Control and Safe Streets Act of 1968, as amended (title VII, Unlawful Possession or Receipt of Firearms (82 Stat. 1236; 18 U.S.C. Appendix)); and
    3. An Act to Amend Title 18, United States Code, To Provide for Better Control of the Interstate Traffic in Firearms Act of 1968 (82 Stat. 1213; 18 U.S.C. §921 et seq.).
  2. "Ammunition" means cartridge cases, shells, projectiles (including shot), primers, bullets (including restricted pistol bullets), propellant powder, or other devices or materials designed, redesigned, or intended for use in a firearm or destructive device.
  3. "Antique firearm" means:
    1. Any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898; and
    2. Any replica of any firearm described in subparagraph (A) if such replica:
      1. Is not designed or redesigned for using rim-fire or conventional center-fire fixed ammunition; or
      2. Uses rim-fire or conventional ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade.

    3A.

    1. "Assault weapon" means:
      1. The following semiautomatic firearms:
        1. All of the following specified rifles:
          1. aa. All AK series including, but not limited to, the models identified as follows:
            1. Made in China AK, AKM, AKS, AK47, AK47S, 56, 56S, 84S, and 86S;
            2. Norinco (all models);
            3. Poly Technologies (all models);
            4. MAADI AK47 and ARM; and
            5. Mitchell (all models).
          2. bb. UZI and Galil;
          3. cc. Beretta AR-70;
          4. dd. CETME Sporter;
          5. ee. Colt AR-15 series;
          6. ff. Daewoo K-1, K-2, Max 1, Max 2, AR 100, and AR110 C;
          7. gg. Fabrique Nationale FAL, LAR, FNC, 308 Match, and Sporter;
          8. hh. MAS 223.
          9. ii. HK-91, HK-93, HK-94, and HK-PSG-1;
          10. jj. The following MAC types:
            1. RPB Industries Inc. sM10 and sM11; and
            2. SWD Incorporated M11;
          11. kk. SKS with detachable magazine;
          12. ll. SIG AMT, PE-57, SG 550, and SG 551;
          13. mm. Springfield Armory BM59 and SAR-48;
          14. nn. Sterling MK-6;
          15. oo. Steyer AUG, Steyr AUG;
          16. pp. Valmet M62S, M71S, and M78S;
          17. qq. Armalite AR-180;
          18. rr. Bushmaster Assault Rifle;
          19. ss. Calico --900;
          20. tt. J&R ENG --68; and
          21. uu. Weaver Arms Nighthawk.
        2. All of the following specified pistols:
          1. aa. UZI;
          2. bb. Encom MP-9 and MP-45;
          3. cc. The following MAC types:
            1. RPB Industries Inc. sM10 and sM11;
            2. SWD Incorporated -11;
            3. Advance Armament Inc. --11; and
            4. Military Armament Corp. Ingram M-11;
          4. dd. Intratec TEC-9 and TEC-DC9;
          5. ee. Sites Spectre;
          6. ff. Sterling MK-7;
          7. gg. Calico M-950; and
          8. hh. Bushmaster Pistol.
        3. All of the following specified shotguns:
          1. aa. Franchi SPAS 12 and LAW 12; and
          2. bb. Striker 12. The Streetsweeper type S/S Inc. SS/12;
        4. A semiautomatic, rifle that has the capacity to accept a detachable magazine and any one of the following:
          1. aa. A pistol grip that protrudes conspicuously beneath the action of the weapon;
          2. bb. A thumbhole stock;
          3. cc. A folding or telescoping stock;
          4. dd. A grenade launcher or flare launcher;
          5. ee. A flash suppressor; or
          6. ff. A forward pistol grip;
        5. A semiautomatic pistol that has the capacity to accept a detachable magazine and any one of the following:
          1. aa. A threaded barrel, capable of accepting a flash suppressor, forward handgrip, or silencer;
          2. bb. A second handgrip;
          3. cc. A shroud that is attached to, or partially or completely encircles, the barrel that allows the bearer to fire the weapon without burning his or her hand, except a slide that encloses the barrel; or
          4. dd. The capacity to accept a detachable magazine at some location outside of the pistol grip;
        6. A semiautomatic shotgun that has one or more of the following:
          1. aa. A folding or telescoping stock;
          2. bb. A pistol grip that protrudes conspicuously beneath the action of the weapon;
          3. cc. A thumbhole stock; or
          4. dd. A vertical handgrip; and
        7. A semiautomatic shotgun that has the ability to accept a detachable magazine; and
        8. All other models within a series that are variations, with minor differences, of those models listed in subparagraph (A) of this paragraph, regardless of the manufacturer;
      2. Any shotgun with a revolving cylinder; provided, that this sub-subparagraph shall not apply to a weapon with an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition; and
      3. Any firearm that the Chief may designate as an assault weapon by rule, based on a determination that the firearm would reasonably pose the same or similar danger to the health, safety, and security of the residents of the District as those weapons enumerated in this paragraph.
    2. The term "assault weapon" shall not include:
      1. Any antique firearm; or
      2. Any of the following pistols, which are designed expressly for use in Olympic target shooting events, sanctioned by the International Olympic Committee and by USA Shooting, the national governing body for international shooting competition in the United States, and used for Olympic target shooting purposes:
        • MANUFACTURER - MODEL - CALIBER
        • BENELLI - MP90 - .22LR
        • BENELLI - MP90 - .32 S&W LONG
        • BENELLI - MP95 - .22LR
        • BENELLI - MP95 - .32 S&W LONG
        • HAMMERLI - 280 - .22LR
        • HAMMERLI - 280 - .32 S&W LONG
        • HAMMERLI - SP20 - .22LR
        • HAMMERLI - SP20 - .32 S&W LONG
        • PARDINI - GPO - .22 SHORT
        • PARDINI - GP-SCHUMANN - .22 SHORT
        • PARDINI - HP - .32 S&W LONG
        • PARDINI - MP - .32 S&W LONG
        • PARDINI - SP - .22LR
        • PARDINI - SPE - .22LR
        • WALTHER - GSP - .22LR
        • WALTHER - GSP - .32 S&W LONG
        • WALTHER - OSP - .22 SHORT
        • WALTHER - OSP-2000 - .22 SHORT
    3. The Chief may exempt, by rule, new models of competitive pistols that would otherwise fall within the definition of "assault weapon" pursuant to this section from being classified as an assault weapon. The exemption of competitive pistols shall be based either on recommendations by USA Shooting consistent with the regulations contained in the USA Shooting Official Rules or on the recommendation or rules of any other organization that the Chief considers relevant.
  4. "Chief" means the Chief of Police of the Metropolitan Police Department of the District of Columbia or his designated agent.
  5. "Crime of violence" shall have the same meaning as provided in §23-1331(4).
  6. "Dealer's license" means a license to buy or sell, repair, trade, or otherwise deal in firearms, destructive devices, or ammunition as provided for in subchapter IV of this unit.
  7. "Destructive device" means:
    1. An explosive, incendiary, or poison gas bomb, grenade, rocket, missile, mine, or similar device;
    2. Any device by whatever name known which will, or is designed or redesigned, or may be readily converted or restored to expel a projectile by the action of an explosive or other propellant through a smooth bore barrel, except a shotgun;
    3. Any device containing tear gas or a chemically similar lacrimator or sternutator by whatever name known;
    4. Any device designed or redesigned, made or remade, or readily converted or restored, and intended to stun or disable a person by means of electric shock;
    5. Any combination of parts designed or intended for use in converting any device into any destructive device; or from which a destructive device may be readily assembled; provided, that the term shall not include:
      1. Any pneumatic, spring, or B-B gun which expels a single projectile not exceeding .18 inch in diameter;
      2. Any device which is neither designed nor redesigned for use as a weapon;
      3. Any device originally a weapon which has been redesigned for use as a signaling, line throwing, or safety device; or
      4. Any device which the Chief finds is not likely to be used as a weapon.
  8. "District" means District of Columbia.

    8A. ".50 BMG rifle" means:

    1. A rifle capable of firing a center-fire cartridge in .50 BMG caliber, including a 12.7 mm equivalent of .50 BMG and any other metric equivalent; or
    2. A copy or duplicate of any rifle described in subparagraph (A) of this paragraph, or any other rifle developed and manufactured after January 6, 2009, regardless of caliber, if such rifle is capable of firing a projectile that attains a muzzle energy of 12,000 foot-pounds or greater in any combination of bullet, propellant, case, or primer.
  9. "Firearm" means any weapon, regardless of operability, which will, or is designed or redesigned, made or remade, readily converted, restored, or repaired, or is intended to, expel a projectile or projectiles by the action of an explosive; the frame or receiver of any such device; or any firearm muffler or silencer; provided, that such term shall not include:
    1. Antique firearms; or
    2. Destructive devices;
    3. Any device used exclusively for line throwing, signaling, or safety, and required or recommended by the Coast Guard or Interstate Commerce Commission; or
    4. Any device used exclusively for firing explosive rivets, stud cartridges, or similar industrial ammunition and incapable for use as a weapon.

    9A. "Firearms instructor" means an individual who is certified by the Chief to be qualified to teach firearms training and safety courses.

    9B. "Intrafamily offense" shall have the same meaning as provided in §16-1001(8).

  10. "Machine gun" means any firearm which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger. The term "machine gun" shall also include the frame or receiver of any such firearm, any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a firearm into a machine gun, and any combination of parts from which a machine gun can be assembled if such parts are in the possession or under the control of a person.
  11. "Organization" means any partnership, company, corporation, or other business entity, or any group or association of 2 or more persons united for a common purpose.
  12. "Pistol" means any firearm originally designed to be fired by use of a single hand or with a barrel less than 12 inches in length.

    12A. "Place of business" means a business that is located in an immovable structure at a fixed location and that is operated and owned entirely, or in substantial part, by the firearm registrant.

  13. "Registration certificate" means a certificate validly issued pursuant to this unit evincing the registration of a firearm pursuant to this unit.

    13A.

    1. "Restricted pistol bullet" means:
      1. A projectile or projectile core which may be used in a pistol and which is constructed entirely (excluding the presence of traces of other substances) from one or a combination of tungsten alloys, steel, iron, brass, bronze, beryllium copper, or depleted uranium;
      2. A full jacketed projectile larger than .22 caliber designed and intended for use in a pistol and whose jacket has a weight of more than 25% of the total weight of the projectile; or
      3. Ammunition for a .50 BMG rifle.
    2. The term "restricted pistol bullet" does not include:
      1. Shotgun shot required by federal or state environmental or game regulations for hunting purposes;
      2. A frangible projectile designed for target shooting;
      3. A projectile which the Attorney General of the United States finds is primarily intended to be used for sporting purposes; or
      4. Any other projectile or projectile core which the Attorney General of the United States finds is intended to be used for industrial purposes, including a charge used in an oil and gas well perforating device.
  14. "Rifle" means a grooved bore firearm using a fixed metallic cartridge with a single projectile and designed or redesigned, made or remade, and intended to be fired from the shoulder.
  15. "Sawed-off shotgun" means a shotgun having a barrel of less than 18 inches in length; or a firearm made from a shotgun if such firearm as modified has an overall length of less than 26 inches or any barrel of less than 18 inches in length.
  16. "Shotgun" means a smooth bore firearm using a fixed shotgun shell with either a number of ball shot or a single projectile, and designed or redesigned, made or remade, and intended to be fired from the shoulder.
  17. "Short barreled rifle" means a rifle having any barrel less than 16 inches in length, or a firearm made from a rifle if such firearm as modified has an overall length of less than 26 inches or any barrel of less than 16 inches.
  18. "Weapons offense" means any violation in any jurisdiction of any law which involves the sale, purchase, transfer in any manner, receipt, acquisition, possession, having under control, use, repair, manufacture, carrying, or transportation of any firearm, ammunition, or destructive device.

HISTORY: (Sept. 24, 1976, D.C. Law 1-85, title I, § 101, 23 DCR 2464; Mar. 16, 1978, D.C. Law 2-62, § 2, 24 DCR 5780; Aug. 2, 1983, D.C. Law 5-19, § 2, 30 DCR 3328; Mar. 31, 2009, D.C. Law 17-372, § 3(a), 56 DCR 1365; Sept. 29, 2012, D.C. Law 19-170, § 2(a), 59 DCR 5691; Apr. 27, 2013, D.C. Law 19-295, § 2(a), 60 DCR 2623.)

Subchapter II - Firearms and Destructive Devices

§7-2502.01 - (2014) Registration requirements
  1. Except as otherwise provided in this unit, no person or organization in the District of Columbia ("District") shall receive, possess, control, transfer, offer for sale, sell, give, or deliver any destructive device, and no person or organization in the District shall possess or control any firearm, unless the person or organization holds a valid registration certificate for the firearm. A registration certificate may be issued:
    1. To an organization if:
      1. The organization employs at least 1 commissioned special police officer or employee licensed to carry a firearm whom the organization arms during the employee's duty hours; and
      2. The registration is issued in the name of the organization and in the name of the president or chief executive officer of the organization;
    2. In the discretion of the Chief of Police, to a police officer who has retired from the Metropolitan Police Department;
    3. In the discretion of the Chief of Police, to the Fire Marshal and any member of the Fire and Arson Investigation Unit of the Fire Prevention Bureau of the Fire Department of the District of Columbia, who is designated in writing by the Fire Chief, for the purpose of enforcing the arson and fire safety laws of the District of Columbia;
    4. To a firearms instructor, or to an organization that employs a firearms instructor, for the purpose of conducting firearms training; or
    5. To a person who complies with, and meets the requirements of, this unit.
  2. Subsection (a) of this section shall not apply to:
    1. Any law enforcement officer or agent of the District or the United States, or any law enforcement officer or agent of the government of any state or subdivision thereof, or any member of the armed forces of the United States, the National Guard or organized reserves, when such officer, agent, or member is authorized to possess such a firearm or device while on duty in the performance of official authorized functions;
    2. Any person holding a dealer's license; provided, that the firearm or destructive device is:
      1. Acquired by such person in the normal conduct of business;
      2. Kept at the place described in the dealer's license; and
      3. Not kept for such person's private use or protection, or for the protection of his business;
    3. With respect to firearms, any nonresident of the District participating in any lawful recreational firearm-related activity in the District, or on his way to or from such activity in another jurisdiction; provided, that such person, whenever in possession of a firearm, shall upon demand of any member of the Metropolitan Police Department, or other bona fide law enforcement officer, exhibit proof that he is on his way to or from such activity, and that his possession or control of such firearm is lawful in the jurisdiction in which he resides; provided further, that such weapon shall be transported in accordance with §22-4504.02;.
    4. Any person who temporarily possesses a firearm registered to another person while in the home or place of business of the registrant; provided, that the person is not otherwise prohibited from possessing firearms and the person reasonably believes that possession of the firearm is necessary to prevent imminent death or great bodily harm to himself or herself; or
    5. Any person who temporarily possesses a firearm while participating in a firearms training and safety class conducted by a firearms instructor.
  3. For the purposes of subsection (b)(3) of this section, the term "recreational firearm-related activity" includes a firearms training and safety class.

History:

(Sept. 24, 1976, D.C. Law 1-85, title II, §201, 23 DCR 2464; May 7, 1993, D.C. Law 9-266, §2(a), 39 DCR 5676; Mar. 26, 1999, D.C. Law 12-176, §5, 45 DCR 5662; Apr. 20, 1999, D.C. Law 12-264, §19, 46 DCR 2118; Mar. 31, 2009, D.C. Law 17-372, §3(b), 56 DCR 1365; Sept. 26, 2012, D.C. Law 19-170, §2(b), 59 DCR 5691.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications
1981 Ed., §6-2311.
1973 Ed., §6-1811.
Effect of Amendments
D.C. Law 17-372, in subsec. (b)(3), substituted "that such weapon shall be transported in accordance with §22-4504.02; or" for "that such weapon shall be unloaded, securely wrapped, and carried in open view"; and added subsec. (b)(4).
D.C. Law 19-170, in subsec. (a), deleted "or" from the end of par. (2), substituted "; or" for a period at the end of par. (3), and added pars. (4) and (5); in subsec. (b), deleted "or" from the end of par. (3), substituted "; or" for a period at the end of par. (4), and added par. (5); and added subsec. (c).
Emergency Act Amendments
For temporary authorization for seizure and forfeiture of firearms under certain circumstances, see §2(b) of the Zero Tolerance for Guns Emergency Amendment Act of 1996 (D.C. Act 11-390, August 26, 1996, 43 DCR 4986).
For temporary amendment of section, see §5 of the Arson Investigators Emergency Amendment Act of 1998 (D.C. Act 12-406, July 13, 1998, 45 DCR 4833), §5 of the Arson Investigators Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-466, October 28, 1998, 45 DCR 7838), and §5 of the Arson Investigators Second Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-539, December 24, 1998, 45 DCR 297).
For temporary (90 day) amendment of section, see §3(b) of Firearms Registration Emergency Amendment Act of 2008 (D.C. Act 17-651, January 6, 2009, 56 DCR 911).
For temporary (90 day) amendment of section, see §2(b) of Firearms Emergency Amendment Act of 2012 (D.C. Act 19-352, May 11, 2012, 59 DCR 5116).
For temporary (90 day) amendment of section, see §2(b) of the Firearms Amendments Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-394, July 18, 2012, 59 DCR 8694).
For temporary (90 day) amendment of section, see §2(b) of the Firearms Second Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-510, October 26, 2012, 59 DCR 12808).
Legislative History of Laws
Law 1-85, the "Firearms Control Regulations Act of 1975," was introduced in Council and assigned Bill No. 1-164, which was referred to the Committee on the Judiciary and the Committee on Criminal Law. The Bill was adopted on first, amended first, and second readings, and reconsideration of second reading, on May 3, 1976, May 18, 1976, June 15, 1976, and June 29, 1976, respectively. Signed by the Mayor on July 23, 1976, it was assigned Act No. 1-142 and transmitted to both Houses of Congress for its review.
Law 9-266, the "Handgun Possession Amendment Act of 1992," was introduced in Council and assigned Bill No. 9-91 which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on June 2, 1992, and July 7, 1972, respectively. Signed by the Mayor on July 21, 1992, it was assigned Act No. 9-247 and transmitted to both Houses of Congress for its review. D.C. Law 9-266 became effective on May 7, 1993.
Law 12-176, the "Arson Investigators Amendment Act of 1998," was introduced in Council and assigned Bill No. 12-485, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on May 5, 1998, and June 2, 1998, respectively. Signed by the Mayor on July 20, 1998, it was assigned Act No. 12-418 and transmitted to both Houses of Congress for its review. D.C. Law 12-176 became effective on March 26, 1999.
Law 12-264, the "Technical Amendments Act of 1998," was introduced in Council and assigned Bill No. 12-804, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on November 10, 1998, and December 1, 1998, respectively. Signed by the Mayor on January 7, 1999, it was assigned Act No. 12-626 and transmitted to both Houses of Congress for its review. D.C. Law 12-264 became effective on April 20, 1999.
For Law 17-372, see notes following §7-2501.01.
For history of Law 19-170, see notes under §7-2501.01.
Miscellaneous Notes
Employees of United States Department of Agriculture authorized to carry firearms: Public Law 97-312 provided that any employee of the United States Department of Agriculture designated by the Secretary of Agriculture and the Attorney General of the United States may carry a firearm and use a firearm when necessary for self-protection, in accordance with rules and regulations issued by the Secretary of Agriculture and the Attorney General of the United States, while such employee is engaged in the performance of the employee's official duties to (1) carry out any law or regulation related to the control, eradication, or prevention of the introduction or dissemination of communicable disease of livestock or poultry into the United States or (2) perform any duty related to such disease control, eradication, or prevention, subject to the direction of the Secretary.
Seizure and forfeiture of conveyances used in firearms offenses: Section 2(b) of D.C. Law 11-273 provided for the forfeiture and seizure of any conveyance, including vehicles and vessels in which any person or persons transport, possess, or conceal any firearm as defined in §7-2501.01, or in any manner use to facilitate a violation of §22-4503 and 22-4504. D.C. Law 11-273 became effective on June 3, 1997.

§7-2502.02 - (2014) Registration of certain firearms prohibited
  1. A registration certificate shall not be issued for a:
    1. Sawed-off shotgun;
    2. Machine gun;
    3. Short-barreled rifle;
    4. Pistol not validly registered to the current registrant in the District prior to September 24, 1976, except that the prohibition on registering a pistol shall not apply to:
      1. Any organization that employs at least one commissioned special police officer or other employee licensed to carry a firearm and that arms the employee with a firearm during the employee's duty hours;
      2. A police officer who has retired from the Metropolitan Police Department;
      3. Any person who seeks to register a pistol:
        1. for use in self-defense within that person's home or place of business; or
        2. As part of the application process for a license to carry a concealed pistol pursuant to section 902; or
      4. A firearms instructor, or an organization that employs a firearms instructor, for the purpose of conducting firearms training.
    5. An unsafe firearm prohibited under §7-2505.04;
    6. An assault weapon; or
    7. A .50 BMG rifle.
  2. Repealed.

History:

(Sept. 24, 1976, D.C. Law 1-85, title II, §202, 23 DCR 2464; Mar. 16, 1978, D.C. Law 2-62, §2, 24 DCR 5780; May 7, 1993, D.C. Law 9-266, §2(b), 39 DCR 5676; Mar. 31, 2009, D.C. Law 17-372, §3(c), 56 DCR 1365; Sept. 26, 2012, D.C. Law 19-170, §2(c), 59 DCR 5691.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications
1981 Ed., §6-2312.
1973 Ed., §6-1812.
Effect of Amendments
D.C. Law 17-372, in subsec. (a), deleted "or" from the end of par. (3), rewrote par. (4), and added pars. (5), (6), and (7); and repealed subsec. (b). Prior to amendment, subsec. (a)(4) and subsec. (b) read as follows:
"(4) Pistol not validly registered to the current registrant in the District prior to September 24, 1976, except that the provisions of this section shall not apply to any organization that employs at least 1 commissioned special police officer or other employee licensed to carry a firearm and that arms the employee with a firearm during the employee's duty hours or to a police officer who has retired from the Metropolitan Police Department.
"(b) Nothing in this section shall prevent a police officer who has retired from the Metropolitan Police Department from registering a pistol."
D.C. Law 19-170, in subsec. (a)(4), deleted "or" from the end of subpar. (B), substituted "; or" for a period at the end of par. (C), and added par. (D).
Emergency Act Amendments
For temporary (90 day) amendment, see §2(a) of Firearms Control Emergency Amendment Act of 2008 (D.C. Act 17-422, July 16, 2008, 55 DCR 8237).
For temporary (90 day) amendment of section, see §2(b) of Second Firearms Control Emergency Amendment Act of 2008 (D.C. Act 17-502, September 16, 2008, 55 DCR 9904).
For temporary (90 day) repeal of D.C. Act 17-422, see §5 of Second Firearms Control Emergency Amendment Act of 2008 (D.C. Act 17-502, September 16, 2008, 55 DCR 9904).
For temporary (90 day) amendment of section, see §2(b) and 4 of Second Firearms Control Congressional Review Emergency Amendment Act of 2008 (D.C. Act 17-601, December 12, 2008, 56 DCR 9).
For temporary (90 day) amendment of section, see §3(c) of Firearms Registration Emergency Amendment Act of 2008 (D.C. Act 17-651, January 6, 2009, 56 DCR 911).
For temporary (90 day) amendment of section, see §2(c) of Firearms Emergency Amendment Act of 2012 (D.C. Act 19-352, May 11, 2012, 59 DCR 5116).
For temporary (90 day) amendment of section, see §2(c) of the Firearms Amendments Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-394, July 18, 2012, 59 DCR 8694).
For temporary (90 day) amendment of section, see §2(c) of the Firearms Second Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-510, October 26, 2012, 59 DCR 12808).
Legislative History of Laws
For legislative history of D.C. Law 1-85, see Historical and Statutory Notes following §7-2501.01.
For legislative history of D.C. Law 2-62, see Historical and Statutory Notes following §7-2501.01.
For legislative history of D.C. Law 9-266, see Historical and Statutory Notes following §7-2502.01.
For Law 17-372, see notes following §7-2501.01.
For history of Law 19-170, see notes under §7-2501.01.

§7-2502.03 - (2018) Qualifications for registration; information required for registration
  1. No registration certificate shall be issued to any person (and in the case of a person between the ages of 18 and 21, to the person and his signatory parent or guardian) or organization unless the Chief determines that such person (or the president or chief executive in the case of an organization):
    1. Is 21 years of age or older; provided, that the Chief may issue to an applicant between the ages of 18 and 21 years old, and who is otherwise qualified, a registration certificate if the application is accompanied by a notarized statement of the applicant's parent or guardian:
      1. That the applicant has the permission of his parent or guardian to own and use the firearm to be registered; and
      2. The parent or guardian assumes civil liability for all damages resulting from the actions of such applicant in the use of the firearm to be registered; provided further, that such registration certificate shall expire on such person's 21st birthday;
    2. Has not been convicted of a weapons offense (but not an infraction or misdemeanor violation under §7-2502.08, §7-2507.02, §7-2507.06, or §7-2508.07) or a felony in this or any other jurisdiction (including a crime punishable by imprisonment for a term exceeding one year);
    3. Is not under indictment for a crime of violence or a weapons offense;
    4. Has not been convicted within 5 years prior to the application of any:
      1. Violation in any jurisdiction of any law restricting the use, possession, or sale of any narcotic or dangerous drug;
      2. A violation of §22-404, regarding assaults and threats, or §22-407, regarding threats to do bodily harm, or a violation of any similar provision of the law of another jurisdiction;
      3. Two or more violations of §50-2201.05(b), or, in this or any other jurisdiction, any law restricting driving under the influence of alcohol or drugs;
      4. Intrafamily offense punishable as a misdemeanor, including any similar provision in the law of another jurisdiction;
      5. Misdemeanor violation pursuant to §7-2507.02 or §7-2507.06; or
      6. Violation of section 503 of the Omnibus Public Safety and Justice Amendment Act of 2009, effective December 10, 2009 (D.C. Law 18-88; D.C. Official Code§ 22-3133);
    5. Within the 5-year period immediately preceding the application, has not been acquitted of any criminal charge by reason of insanity or has not been adjudicated a chronic alcoholic by any court; provided, that this paragraph shall not apply if such person shall present to the Chief, with the application, a medical certification indicating that the applicant has recovered from such insanity or alcoholic condition and is capable of safe and responsible possession of a firearm;
    6. Within the 5 years immediately preceding the application, has not been voluntarily or involuntarily committed to any mental hospital or institution; provided, that this paragraph shall not apply, if such person shall present to the Chief, with the application, a medical certification that the applicant has recovered from whatever malady prompted such commitment;

      6A. Within the 5 years immediately preceding the application, has not had a history of violent behavior.

    7. Does not appear to suffer from a physical defect which would tend to indicate that the applicant would not be able to possess and use a firearm safely and responsibly;
    8. Has not been adjudicated negligent in a firearm mishap causing death or serious injury to another human being;
    9. Is not otherwise ineligible to possess a firearm under §22-4503;
    10. Has not failed to demonstrate satisfactorily, in accordance with a test prescribed by the Chief, a knowledge of the laws of the District of Columbia pertaining to firearms and, in particular, the requirements of this unit, the responsibilities regarding storage, and the requirements for transport; provided, that once this determination is made with respect to a given applicant for a particular firearm, it need not be made again for the same applicant with respect to a subsequent application for a firearm or for the renewal of a registration certificate pursuant to §7-2502.07a;
    11. Is not blind, as defined in §7-1009(1);
      1. Has not been the respondent in an intrafamily proceeding in which a civil protection order was issued against the applicant pursuant to §16-1005; provided, that an applicant who has been the subject of such an order shall be eligible for registration if the applicant has submitted to the Chief a certified court record establishing that the order has expired or has been rescinded for a period of 5 years or more; or
      2. Has not been the respondent in a proceeding in which a foreign protection order, as that term is defined in §16-1041, was issued against the applicant; provided, that an applicant who has been the subject of such an order shall be eligible for registration if the applicant has submitted to the Chief a certified court record establishing that the order has expired or has been rescinded for a period of 5 years;
      1. Has completed a firearms training and safety class provided free of charge by the Chief; or
      2. Has submitted evidence of any of the following:
        1. That the applicant has received firearms training in the United States military;
        2. A license from another state for which firearms training is required, where the training, as determined by the Chief, is equal to or greater than that provided under subparagraph (A) of this paragraph; or
        3. That the applicant has otherwise completed a firearms training or safety course conducted by a firearms instructor that, as determined by the Chief, is equal to or greater than that conducted under subparagraph (A) of this paragraph; and
    14. Has not been prohibited from possessing or registering a firearm pursuant to §7-2502.08.
    15. Is not the subject of a final extreme risk protection order issued pursuant to § 7-2510.03 or renewed pursuant to § 7-2510.06.
  2. Every person applying for a registration certificate shall provide on a form prescribed by the Chief:
    1. The full name or any other name by which the applicant is known;
    2. The present address and each home address where the applicant has resided during the 5-year period immediately preceding the application;
    3. The present business or occupation of the applicant and the address and phone number of the employer;
    4. The date and place of birth of the applicant;
    5. The sex of the applicant;
    6. Whether (and if so, the reasons) the District, the United States or the government of any state or subdivision of any state has denied or revoked the applicant's license, registration certificate, or permit pertaining to any firearm;
    7. A description of the applicant's role in any mishap involving a firearm, including the date, place, time, circumstances, and the names of the persons injured or killed;
    8. Repealed.
    9. The caliber, make, model, manufacturer's identification number, serial number, and any other identifying marks on the firearm;
    10. The name and address of the person or organization from whom the firearm was obtained, and in the case of a dealer, his dealer's license number;
    11. Where the firearm will generally be kept;
    12. Whether the applicant has applied for other registration certificates issued and outstanding;
    13. Such other information as the Chief determines is necessary to carry out the provisions of this unit.
  3. Every organization applying for a registration certificate shall:
    1. With respect to the president or chief executive of such organization, comply with the requirements of subsection (b) of this section; and
    2. Provide such other information as the Chief determines is necessary to carry out the provisions of this unit.
  4. Repealed.
  5. The Chief shall register no more than one pistol per registrant during any 30-day period; provided, that the Chief may permit a person first becoming a District resident to register more than one pistol if those pistols were lawfully owned in another jurisdiction for a period of 6 months prior to the date of the application.
    1. A person disqualified under subsection (a)(6)(A) of this section, or 18 U.S.C. § 922(g)(4) as a result of a commitment or adjudication that occurred in the District, may petition the Superior Court for the District of Columbia for relief from disqualification.
    2. A petition filed pursuant to paragraph (1) of this subsection shall:
      1. Be in writing;
      2. State the reason the petitioner was disqualified;
      3. State facts in support of the petitioner's claim that the petitioner should no longer be disqualified;
      4. Include a statement, on a form approved by the court, signed by a licensed physician, psychiatrist, or qualified psychologist within the 30-day period immediately preceding the filing of the petition for relief, stating:
        1. The symptoms or behaviors for which the petitioner has been disqualified;
        2. The length of time that the petitioner has no longer experienced those symptoms or behaviors;
        3. The length of time that the petitioner has been compliant with any applicable treatment plans related to the reason the petitioner was disqualified; and
        4. That, in the physician, psychiatrist, or psychologist's opinion, the petitioner would not be likely to act in a manner dangerous to public safety if allowed to register a firearm;
      5. Be accompanied by any appropriate exhibits, affidavits, or supporting documents, including records of any guardianship, conservatorship, or commitment proceeding related to the petitioner's disqualification;
      6. Include 2 statements from individuals who are not related to the petitioner by blood, adoption, guardianship, marriage, domestic partnership, having a child in common, cohabitating, or maintaining a romantic, dating, or sexual relationship and have known the petitioner for at least 3 years. The individuals' statements shall:
        1. Be on a form approved by the court, and signed by the individual within the 30-day period immediately preceding the filing of the petition for relief;
        2. Describe the petitioner's reputation and character; and
        3. State that, in the individual's opinion, the petitioner would not be likely to act in a manner dangerous to public safety if allowed to register a firearm; and
      7. Be served upon the Office of the Attorney General.
        1. Upon receipt of a petition filed under paragraph (1) of this subsection, and for good cause shown, the court shall issue such orders as may be necessary to obtain any mental health records and other information relevant for the purposes of the petition. The order shall require the disclosure of records to the Office of the Attorney General so that the Office of the Attorney General can conduct a search of the petitioner's mental health records and report its findings to the court as required by subparagraph (B) of this paragraph.
        2. The court shall order the Office of the Attorney General to file a response to the petition. Within 60 days after the court's order for a response, the Office of the Attorney General shall file a response indicating whether the Office of the Attorney General supports or opposes the petition.
        3. The court may, for good cause shown, extend in 30-day increments the date by which the Office of Attorney General must file its response under subsubparagraph (ii) of this subparagraph.
      2. The Office of Attorney General shall:
        1. Conduct a reasonable search of all available records of the petitioner's mental health;
        2. Perform a national criminal history and firearms eligibility background check on the petitioner; and
        3. Include its findings under this subparagraph in its response to the court.
      3. The Metropolitan Police Department shall, upon request, provide to the Office of Attorney General any records related to the petitioner it has in its possession or could obtain after conducting a reasonable search.
      1. The court shall hold a hearing on a petition filed under paragraph (1) of this subsection within 60 days after the date on which the Office of Attorney General files its response.
      2. In determining whether to grant a petition filed pursuant to paragraph (1) of this subsection, the court shall consider all relevant evidence, including:
        1. The reason the petitioner was disqualified;
        2. The petitioner's mental health and criminal history records; and
        3. Evidence of the petitioner's reputation.
    5. The court shall grant a petition filed pursuant to paragraph (1) of this subsection if the petitioner establishes, by a preponderance of the evidence, that:
      1. The petitioner would not be likely to act in a manner dangerous to public safety; and
      2. Granting the relief would not be contrary to the public interest.
    6. If the court grants a petition for relief pursuant to paragraph (5) of this subsection, the court shall issue an order that:
      1. States the petitioner is no longer disqualified under subsection (a)(6)(A) of this section;
      2. Orders the Clerk of the Court to submit a copy of the order to the Metropolitan Police Department, the Office of the Attorney General, and any other relevant law enforcement, pretrial, corrections, or community supervision agency; and
      3. Requires that the petitioner's record be updated in the National Instant Criminal Background Check System and any other system used to determine firearm registration eligibility to reflect that the petitioner is no longer disqualified.
    7. If the court denies a petition for relief, the court shall state the reasons for its denial in writing.
    8. An order granting or denying a petition filed under paragraph (1) of this subsection shall be a final order for the purposes of appeal.

History:

(Sept. 24, 1976, D.C. Law 1-85, title II, §203, 23 DCR 2464; Mar. 16, 1978, D.C. Law 2-62, §2, 24 DCR 5780; Mar. 31, 2009, D.C. Law 17-372, §3(d), 56 DCR 1365; June 3, 2011, D.C. Law 18-377, §2(a), 58 DCR 1174; Sept. 26, 2012, D.C. Law 19-170, §2(d), 59 DCR 5691 June 16, 2015, D.C. Law 20-279, § 2(c), 62 DCR 1944; May 10, 2019, D.C. Law 22-314, § 2(a), 66 DCR 1672..)

HISTORICAL AND STATUTORY NOTES

Prior Codifications
1981 Ed., §6-2313.
1973 Ed., §6-1813.
Effect of Amendments
D.C. Law 17-372, in subsec. (a)(4), deleted "or" from the end of par. (A) and added pars. (C) and (D); added subsec. (a)(6A); in subsec. (a)(10), substituted "and, in particular, the safe and responsible use, handling, and storage of the same in accordance with training, tests, and standards" for "and the safe and responsible use of the same in accordance with tests and standards" and deleted "and" from the end; in subsec. (a)(11), substituted a semicolon for a period; added subsecs. (a)(12), (13), and (14); and added subsecs. (d) and (e).
D.C. Law 18-377 rewrote subsec. (a)(4)(D); in subsec. (a)(9), substituted "firearm" for "pistol"; in subsec.(a)(14), substituted "§7-2502.08" for "§7-2502.09"; rewrote subsec. (b)(3); and repealed subsec. (b)(8). Prior to amendment or repeal, subsecs. (a)(4)(D), (b)(3) and (b)(8) read as follows:
"(D) Intrafamily offense;"
"(3) The present business or occupation and any business or occupation in which the applicant has engaged during the 5-year period immediately preceding the application and the addresses of such businesses or places of employment;"
"(8) The intended use of the firearm;"
D.C. Law 19-170 rewrote subsecs. (a)(2), (a)(4), (a)(10), (a)(11), (a)(13), and repealed subsec. (d) which had read as follows:
"(2) Has not been convicted of a crime of violence, weapons offense, or of a violation of this unit;"
"(4) Has not been convicted within 5 years prior to the application of any:
"(A) Violation in any jurisdiction of any law restricting the use, possession, or sale of any narcotic or dangerous drug;
"(B) A violation of §22-407, regarding threats to do bodily harm, or §22-404, regarding assaults and threats, or any similar provision of the law of any other jurisdiction so as to indicate a likelihood to make unlawful use of a firearm;
"(C) Two or more violations of §50-2201.05(b) or, in any other jurisdiction, any law restricting driving under the influence of alcohol or drugs; or
"(D) Intrafamily offense, including any similar provision of the law of any other jurisdiction;"
"(10) Has not failed to demonstrate satisfactorily a knowledge of the laws of the District of Columbia pertaining to firearms and, in particular, the safe and responsible use, handling, and storage of the same in accordance with training, tests, and standards prescribed by the Chief; provided, that once this determination is made with respect to a given applicant for a particular type of firearm, it need not be made again for the same applicant with respect to a subsequent application for the same type of firearms; provided, further, that this paragraph shall not apply with respect to any firearm reregistered pursuant to §7-2502.06;
"(11) Has vision better than or equal to that required to obtain a valid driver's license under the laws of the District of Columbia; provided, that current licensure by the District of Columbia, of the applicant to drive, shall be prima facie evidence that such applicant's vision is sufficient and; provided further, that this determination shall not be made with respect to persons applying to reregister any firearm pursuant to §7-2502.06; "
"(13)(A) Has completed a firearms training or safety course or class conducted by a state-certified firearms instructor or a certified military firearms instructor that provides, at a minimum, a total of at least one hour of firing training at a firing range and a total of at least 4 hours of classroom instruction.
"(B) An affidavit signed by the certified firearms instructor who conducted or taught the course, providing the name, address, and phone number of the instructor and attesting to the successful completion of the course by the applicant shall constitute evidence of certified successful completion under this paragraph."
"(d) The Chief shall require any registered pistol to be submitted for a ballistics identification procedure and shall establish a reasonable fee for the procedure."
Emergency Act Amendments
For temporary (90 day) amendment, see §2(b) of Firearms Control Emergency Amendment Act of 2008 (D.C. Act 17-422, July 16, 2008, 55 DCR 8237).
For temporary (90 day) amendment of section, see §2(c) of Second Firearms Control Emergency Amendment Act of 2008 (D.C. Act 17-502, September 16, 2008, 55 DCR 9904).
For temporary (90 day) repeal of D.C. Act 17-422, see §5 of Second Firearms Control Emergency Amendment Act of 2008 (D.C. Act 17-502, September 16, 2008, 55 DCR 9904).
For temporary (90 day) amendment of section, see §2(c) and 4 of Second Firearms Control Congressional Review Emergency Amendment Act of 2008 (D.C. Act 17-601, December 12, 2008, 56 DCR 9).
For temporary (90 day) amendment of section, see §3(d) of Firearms Registration Emergency Amendment Act of 2008 (D.C. Act 17-651, January 6, 2009, 56 DCR 911).
For temporary (90 day) amendment of section, see §502(a) of Public Safety Legislation Sixty-Day Layover Emergency Amendment Act of 2010 (D.C. Act 18-693, January 18, 2011, 58 DCR 640).
For temporary (90 day) amendment of section, see §502(a) of Public Safety Legislation Sixty-Day Layover Congressional Review Emergency Amendment Act of 2011 (D.C. Act 19-45, April 20, 2011, 58 DCR 3701).
For temporary (90 day) amendment of section, see §2(d) of Firearms Emergency Amendment Act of 2012 (D.C. Act 19-352, May 11, 2012, 59 DCR 5116).
For temporary (90 day) amendment of section, see §2(d) of the Firearms Amendments Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-394, July 18, 2012, 59 DCR 8694).
For temporary (90 day) amendment of section, see §2(d) of the Firearms Second Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-510, October 26, 2012, 59 DCR 12808).
Legislative History of Laws
For legislative history of D.C. Law 1-85, see Historical and Statutory Notes following §7-2501.01.
For legislative history of D.C. Law 2-62, see Historical and Statutory Notes following §7-2501.01.
For Law 17-372, see notes following §7-2501.01.
Law 18-377, the "Criminal Code Amendment Act of 2010", was introduced in Council and assigned Bill No. 18-963, which was referred to the Committee on Public Safety and the Judiciary. The Bill was adopted on first and second readings on December 7, 2010, and December 21, 2010, respectively. Signed by the Mayor on February 2, 2011, it was assigned Act No. 18-722 and transmitted to both Houses of Congress for its review. D.C. Law 18-377 became effective on June 3, 2011.
For history of Law 19-170, see notes under §7-2501.01.

§7-2502.04 - Fingerprints and photographs of applicants; application in person required
  1. The Chief shall require any person applying for a registration certificate to be fingerprinted in order to conduct an efficient and adequate investigation into the matters described in §7-2502.03 and to effectuate the purposes of this unit. The Chief shall maintain a record of the fingerprints of sufficient quality to enable periodic investigation to ensure compliance with §7-2502.03.
  2. The Chief shall take a digitalized, full-face photograph of each applicant, other than an organization, to be included as part of a person's firearms registration application. The photo shall be taken simultaneously with the filing of the application.
  3. Every applicant (or in the case of an organization, the president or chief executive, or a person authorized in writing by him), shall appear in person at a time and place prescribed by the Chief, and may be required to bring with him the firearm for which a registration certificate is sought, which shall be transported in accordance with §22-4504.02.

History:

(Sept. 24, 1976, D.C. Law 1-85, title II, §204, 23 DCR 2464; Mar. 16, 1978, D.C. Law 2-62, §2, 24 DCR 5780; Mar. 31, 2009, D.C. Law 17-372, §3(e), 56 DCR 1365; Sept. 26, 2012, D.C. Law 19-170, §2(e), 59 DCR 5691.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications
1981 Ed., §6-2314.
1973 Ed., §6-1814.
Effect of Amendments
D.C. Law 17-372, in subsec. (a), substituted "6 years" for "5 years"; and, in subsec. (c), substituted "shall be transported in accordance with §22-4504.02" for "shall be unloaded and securely wrapped, and carried in open view".
D.C. Law 19-170 rewrote subsecs. (a) and (b), which had read as follows:
"(a) The Chief may require any person applying for a registration certificate to be fingerprinted if, in his judgment, this is necessary to conduct an efficient and adequate investigation into the matters described in §7-2502.03 and to effectuate the purpose of this unit; provided, that any person who has been fingerprinted by the Chief within 6 years prior to submitting the application need not, in the Chief's discretion, be fingerprinted again if he offers other satisfactory proof of identity.
"(b) Each applicant, other than an organization, shall submit with the application 2 full-face photographs of himself, 1 3/4 by 1 7/8 inches in size which shall have been taken within the 30-day period immediately preceding the filing of the application."
Emergency Act Amendments
For temporary (90 day) amendment of section, see §3(e) of Firearms Registration Emergency Amendment Act of 2008 (D.C. Act 17-651, January 6, 2009, 56 DCR 911).
For temporary (90 day) amendment of section, see §2(e) of Firearms Emergency Amendment Act of 2012 (D.C. Act 19-352, May 11, 2012, 59 DCR 5116).
For temporary (90 day) amendment of section, see §2(e) of the Firearms Amendments Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-394, July 18, 2012, 59 DCR 8694).
For temporary (90 day) amendment of section, see §2(e) of the Firearms Second Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-510, October 26, 2012, 59 DCR 12808).
Legislative History of Laws
For legislative history of D.C. Law 1-85, see Historical and Statutory Notes following §7-2501.01.
For legislative history of D.C. Law 2-62, see Historical and Statutory Notes following §7-2501.01.
For Law 17-372, see notes following §7-2501.01.
For history of Law 19-170, see notes under §7-2501.01.

§7-2502.05 - Application signed under oath; fees
  1. Each applicant (the president or chief executive in the case of an organization) shall sign an oath or affirmation attesting to the truth of all the information required by §7-2502.03 or §7-2502.07a.
  2. Each application required by this subchapter shall be accompanied by a nonrefundable fee to be established by the Mayor; provided, that such fee shall, in the judgment of the Mayor, reimburse the District for the cost of services provided under this subchapter.
  3. Any declaration, certificate, verification, or statement made for purposes of firearm registration under this title shall be made under penalty of perjury pursuant to §22-2402. Except as required in §7-2502.03(a)(1), no document shall be required to be notarized.

History:

(Sept. 24, 1976, D.C. Law 1-85, title II, §205, 23 DCR 2464; Mar. 31, 2009, D.C. Law 17-372, §3(f), 56 DCR 1365; Sept. 26, 2012, D.C. Law 19-170, §2(f), 59 DCR 5691.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications
1981 Ed., §6-2315.
1973 Ed., §6-1815.
Effect of Amendments
D.C. Law 17-372, in subsec. (a), substituted "§7-2502.03 or §7-2502.07a" for "§7-2502.03".
D.C. Law 19-170 added subsec. (c).
Emergency Act Amendments
For temporary (90 day) amendment of section, see §3(f) of Firearms Registration Emergency Amendment Act of 2008 (D.C. Act 17-651, January 6, 2009, 56 DCR 911).
For temporary (90 day) amendment of section, see §2(f) of Firearms Emergency Amendment Act of 2012 (D.C. Act 19-352, May 11, 2012, 59 DCR 5116).
For temporary (90 day) amendment of section, see §2(f) of the Firearms Amendments Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-394, July 18, 2012, 59 DCR 8694).
For temporary (90 day) amendment of section, see §2(f) of the Firearms Second Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-510, October 26, 2012, 59 DCR 12808).
Legislative History of Laws
For legislative history of D.C. Law 1-85, see Historical and Statutory Notes following §7-2501.01.
For Law 17-372, see notes following §7-2501.01.
For history of Law 19-170, see notes under §7-2501.01.
Delegation of Authority
Delegation of Authority pursuant to D.C. Law 1-85, the Firearms Control Regulation Act of 1975

§7-2502.06 - Time for filing registration applications
  1. An application for a registration certificate shall be filed (and a registration certificate issued) prior to taking possession of a firearm from a licensed dealer or from any person or organization holding a registration certificate therefor. In all other cases, an application for registration shall be filed immediately after a firearm is brought into the District. It shall be deemed compliance with the preceding sentence if such person personally communicates with the Metropolitan Police Department (as determined by the Chief to be sufficient) and provides such information as may be demanded; provided, that such person files an application for a registration certificate within 48 hours after such communication.
  2. Repealed.

History:

(Sept. 24, 1976, D.C. Law 1-85, title II, §206, 23 DCR 2464; Mar. 16, 1978, D.C. Law 2-62, §2, 24 DCR 5780; Sept. 26, 2012, D.C. Law 19-170, §2(g), 59 DCR 5691.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications
1981 Ed., §6-2316.
1973 Ed., §6-1816.
Effect of Amendments
D.C. Law 19-170 repealed subsec. (b), which had read as follows:
"(b) Any firearm validly registered under prior regulations must be registered pursuant to this unit in accordance with procedures to be promulgated by the Chief. An application to register such firearm shall be filed pursuant to this unit within 60 days of September 24, 1976."
Emergency Act Amendments
For temporary (90 day) repeal of section, see §2(g) of Firearms Emergency Amendment Act of 2012 (D.C. Act 19-352, May 11, 2012, 59 DCR 5116).
For temporary (90 day) repeal of section, see §2(g) of the Firearms Amendments Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-394, July 18, 2012, 59 DCR 8694).
For temporary (90 day) repeal of section, see §2(g) of the Firearms Second Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-510, October 26, 2012, 59 DCR 12808).
Legislative History of Laws
For legislative history of D.C. Law 1-85, see Historical and Statutory Notes following §7-2501.01.
For legislative history of D.C. Law 2-62, see Historical and Statutory Notes following §7-2501.01.
For history of Law 19-170, see notes under §7-2501.01.

§7-2502.07 - Issuance of registration certificate; time period; corrections
  1. Upon receipt of a properly executed application for registration certificate, the Chief, upon determining through inquiry, investigation, or otherwise, that the applicant is entitled and qualified under the provisions of this unit, thereto, shall issue a registration certificate. Each registration certificate shall be in duplicate and bear a unique registration certificate number and such other information as the Chief determines is necessary to identify the applicant and the firearm registered. The duplicate of the registration certificate shall be delivered to the applicant and the Chief shall retain the original.
  2. The Chief shall approve or deny an application for a registration certificate within a 60-day period beginning on the date the Chief receives the application, unless good cause is shown, including nonreceipt of information from sources outside the District government; provided, that in the case of an application to register a firearm validly registered under prior regulations, the Chief shall have 365 days after the receipt of such application to approve or deny such application. The Chief may hold in abeyance an application where there is a revocation proceeding pending against such person or organization.
  3. Upon receipt of a registration certificate, each applicant shall examine same to ensure that the information thereon is correct. If the registration certificate is incorrect in any respect, the person or organization named thereon shall return it to the Chief with a signed statement showing the nature of the error. The Chief shall correct the error, if it occurred through administrative error. In the event the error resulted from information contained in the application, the applicant shall be required to file an amended application setting forth the correct information, and a statement explaining the error in the original application. Each amended application shall be accompanied by a fee equal to that required for the original application.
  4. In the event the Chief learns of an error in a registration certificate other than as provided in subsection (c) of this section, he may require the holder to return the registration certificate for correction. If the error resulted from information contained in the application, the person or organization named therein shall be required to file an amended application as provided in subsection (c) of this section.
  5. Each registration certificate issued by the Chief shall be accompanied by a statement setting forth the registrant's duties under this unit.
  6. In the discretion of the Chief of Police, a registration certificate may be issued to a retired police officer who is a resident of the District of Columbia for a pistol and ammunition which conforms to the Metropolitan Police Department General Orders and policies.
  7. When the retired police officer ceases to be a resident of the District of Columbia the registration certificate expires.
  8. Nothing in this unit shall create an entitlement to a registration certificate for a retired police officer. If the Chief of Police denies a retired police officer's registration certificate application, the Chief of Police shall state the reasons for the denial in writing.
    (i) The District of Columbia shall not incur any liability by reason of the issuance or denial of a certificate, nor for any use made of the registered firearm.

History:

(Sept. 24, 1976, D.C. Law 1-85, title II, §207, 23 DCR 2464; Mar. 16, 1978, D.C. Law 2-62, §2, 24 DCR 5780; May 7, 1993, D.C. Law 9-266, §2(c), 39 DCR 5676.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications
1981 Ed., §6-2317.
1973 Ed., §6-1817.
Legislative History of Laws
For legislative history of D.C. Law 1-85, see Historical and Statutory Notes following §7-2501.01.
For legislative history of D.C. Law 2-62, see Historical and Statutory Notes following §7-2501.01.
For legislative history of D.C. Law 9-266, see Historical and Statutory Notes following §7-2502.01.

§7-2502.07a - Expiration and renewal of registration certificate
  1. Registration certificates shall expire 3 years after the date of issuance unless renewed in accordance with this section for subsequent 3-year periods.
  2. A registrant shall be eligible for renewal of registration of a firearm if the registrant continues to meet all of the initial registration requirements set forth in §7-2502.03(a) and follows any procedures the Chief may establish by rule.
    1. For each renewal, a registrant shall submit a statement to the Metropolitan Police Department attesting to:
      1. Possession of the registered firearm;
      2. The registrant's address; and
      3. The registrant's continued compliance with all registration requirements set forth in §7-2502.03(a).
    2. The statement submitted pursuant to paragraph (1) of this subsection shall be on a form provided by the Chief that can be submitted online via the Metropolitan Police Department website, by mail, or in person.
  4. Repealed.
    1. The Metropolitan Police Department shall mail a renewal notice to each registrant at least 90 days prior to the expiration of the registration certificate.
    2. A renewal application shall be received by the Metropolitan Police Department at least 60 days prior to the expiration of the current registration certificate to ensure timely renewal.
    3. It is the duty of the registrant to timely renew a registration before its expiration date and a failure of the Metropolitan Police Department to mail or the registrant to receive the notice required under paragraph (1) of this subsection shall not prevent a registration from expiring as of that date.
  6. Repealed.
  7. The Chief shall establish, by rule, a method for conducting the renewal of registration certificates for all firearms registered before January 1, 2011. This method shall be established before January 1, 2014.
  8. Notwithstanding subsection (a) of this section, no registration certificate shall expire and no renewal of a registration certificate shall be required earlier than provided in the rule established pursuant to subsection (g) of this section.

History:

(Sept. 24, 1976, D.C. Law 1-85, title II, §207a, as added Mar. 31, 2009, D.C. Law 17-372, §3(g), 56 DCR 1365; June 3, 2011, D.C. Law 18-377, §2(b), 58 DCR 1174; Sept. 26, 2012, D.C. Law 19-170, §2(h), 59 DCR 5691.)

HISTORICAL AND STATUTORY NOTES

Effect of Amendments
D.C. Law 18-377 substituted "§7-2502.03(a)" for "§7-2502.03".
D.C. Law 19-170, in subsec. (c), designated the existing text as par. (1), redesignated former subpars. (1), (2), and (3) as (A), (B), and (C), and added par. (2).
D.C. Law 19-170, in subsec. (c), designated the existing text as par. (1), redesignated former subpars. (1), (2), and (3) as (A), (B), and (C), and added par. (2); repealed subsecs. (d) and (f); rewrote subsec. (g); and added subsec. (h). Prior to repeal or amendment, subsecs. (d), (f), and (g) read as follows:
"(d) A registrant shall submit to a background check once every 6 years to confirm that the registrant continues to qualify for registration under §7-2502.03(a)."
"(f) An applicant for the renewal of a registration certificate may be charged a reasonable fee to cover the administrative costs incurred by the Metropolitan Police Department in connection with the renewal.
"(g) The Chief shall establish, by rule, a method for conducting the renewal of registrations for all firearms registered prior to March 31, 2009. The renewals of all firearms registered prior to March 31, 2009, shall be completed within 3 years of March 31, 2009."
Emergency Act Amendments
For temporary (90 day) addition, see §3(g) of Firearms Registration Emergency Amendment Act of 2008 (D.C. Act 17-651, January 6, 2009, 56 DCR 911).
For temporary (90 day) amendment of section, see §502(b) of Public Safety Legislation Sixty-Day Layover Emergency Amendment Act of 2010 (D.C. Act 18-693, January 18, 2011, 58 DCR 640).
For temporary (90 day) amendment of section, see §502(b) of Public Safety Legislation Sixty-Day Layover Congressional Review Emergency Amendment Act of 2011 (D.C. Act 19-45, April 20, 2011, 58 DCR 3701).
For temporary (90 day) amendment of section, see §2 of Firearms Registration Renewal Emergency Amendment Act of 2012 (D.C. Act 19-324, March 18, 2012, 59 DCR 2258).
For temporary (90 day) amendment of section, see §2(h) of Firearms Emergency Amendment Act of 2012 (D.C. Act 19-352, May 11, 2012, 59 DCR 5116).
For temporary (90 day) amendment of section, see §2(h) of the Firearms Amendments Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-394, July 18, 2012, 59 DCR 8694).
For temporary (90 day) amendment of section, see §2(h) of the Firearms Second Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-510, October 26, 2012, 59 DCR 12808).
Legislative History of Laws
For Law 17-372, see notes following §7-2501.01.
For history of Law 18-377, see notes under §7-2502.03.
For history of Law 19-170, see notes under §7-2501.01.

§7-2502.08 - Duties of registrants; penalties
  1. Each person or organization holding a registration certificate (for purposes of this section, "registrant") shall:
    1. Notify the Chief in writing of the loss, theft, or destruction of the registration certificate or of a registered firearm (including the circumstances, if known) immediately upon discovery of such loss, theft, or destruction;
    2. Notify the Chief in writing within 30 days of a change in the registrant's name or address as it appears on the registration certificate;
    3. Notify the Chief in writing of the sale, transfer, or other disposition of the firearm within 2 business days of such sale, transfer, or other disposition. The notification shall include:
      1. The identification of the registrant, the firearm, and the serial number of the registration certificate;
      2. The name, address, and date of birth of the person to whom the firearm has been sold or transferred; and
      3. Whether the firearm was sold or how it was otherwise transferred or disposed of.
  2. Each registrant shall return to the Chief the registration certificate for any firearm which is lost, stolen, destroyed, sold, or otherwise transferred or disposed of, at the time the registrant notifies the Chief of such loss, theft, destruction, sale, transfer, or other disposition.
  3. Each registrant shall have in the registrant's possession, whenever in possession of a firearm, the registration certificate, or exact photocopy thereof, for such firearm, and exhibit the same upon the demand of a member of the Metropolitan Police Department, or other law enforcement officer.
  4. The duties set forth in subsections (a) through (c) of this section are in addition to any other requirements imposed by this unit or other applicable law.
    1. A registrant shall be subject to a civil fine of $100 for the first violation or omission of the duties and requirements imposed by this section.
    2. A registrant shall be subject to a civil fine of $500 for the second violation or omission of the duties and requirements imposed by this section, a registrant's registration certificates shall be revoked, and the registrant shall be prohibited from possessing or registering any firearm for a period of 5 years.
    3. A registrant shall be subject to a civil fine of $1,000 for the third violation or omission of the duties and requirements imposed by this section, a registrant's registration certificates shall be revoked, and the registrant shall be prohibited from possessing or registering any firearm.
    4. For the purposes of this subsection, "a violation or omission" that applies to multiple firearms shall constitute a single violation or omission if the violation or omission pertaining to each firearm arose from the same occurrence.
    5. The penalties prescribed in §7-2507.06 shall not apply to a violation or omission of the duties and requirements imposed by this section.

History:

(Sept. 24, 1976, D.C. Law 1-85, title II, §208, 23 DCR 2464; June 3, 2011, D.C. Law 18-377, §2(c), 58 DCR 1174; Sept. 26, 2012, D.C. Law 19-170, §2(i), 59 DCR 5691.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications
1981 Ed., §6-2318.
1973 Ed., §6-1818.
Effect of Amendments
D.C. Law 18-377 rewrote the section, which formerly read:
"Each person and organization holding a registration certificate, in addition to any other requirements imposed by this unit, or the acts of Congress, shall:
"(1) Notify the Chief in writing of:
"(A) The loss, theft, or destruction of the registration certificate or of a registered firearm (including the circumstances, if known) immediately upon discovery of such loss, theft, or destruction;
"(B) A change in any of the information appearing on the registration certificate or required by §7-2502.03;
"(C) The sale, transfer or other disposition of the firearm not less than 48 hours prior to delivery, pursuant to such sale, transfer or other disposition, including:
"(i) Identification of the registrant, the firearm and the serial number of the registration certificate;
"(ii) The name, residence, and business address and date of birth of the person to whom the firearm has been sold or transferred; and
"(iii) Whether the firearm was sold or how it was otherwise transferred or disposed of.
"(2) Return to the Chief, the registration certificate for any firearm which is lost, stolen, destroyed, or otherwise transferred or disposed of, at the time he notifies the Chief of such loss, theft, destruction, sale, transfer, or other disposition.
"(3) Have in his possession, whenever in possession of a firearm, the registration certificate for such firearm, and exhibit the same upon the demand of a member of the Metropolitan Police Department, or other law enforcement officer."
D.C. Law 19-170, in the section heading, inserted "; penalties".
Emergency Act Amendments
For temporary (90 day) amendment of section, see §502(c) of Public Safety Legislation Sixty-Day Layover Emergency Amendment Act of 2010 (D.C. Act 18-693, January 18, 2011, 58 DCR 640).
For temporary (90 day) amendment of section, see §502(c) of Public Safety Legislation Sixty-Day Layover Congressional Review Emergency Amendment Act of 2011 (D.C. Act 19-45, April 20, 2011, 58 DCR 3701).
For temporary (90 day) amendment of section heading, see §2(i) of Firearms Emergency Amendment Act of 2012 (D.C. Act 19-352, May 11, 2012, 59 DCR 5116).
For temporary (90 day) amendment of section heading, see §2(i) of the Firearms Amendments Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-394, July 18, 2012, 59 DCR 8694).
For temporary (90 day) amendment of section heading, see §2(i) of the Firearms Second Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-510, October 26, 2012, 59 DCR 12808).
Legislative History of Laws
For legislative history of D.C. Law 1-85, see Historical and Statutory Notes following §7-2501.01.
For history of Law 18-377, see notes under §7-2502.03.
For history of Law 19-170, see notes under §7-2501.01.

§7-2502.09 - Revocation of registration certificate
  1. A registration certificate shall be revoked if:
    1. Any of the criteria in §7-2502.03(a) are not currently met;
    2. The registered firearm has become an unregisterable firearm under the terms of §7-2502.02, or a destructive device; or
    3. The information furnished to the Chief on the application for a registration certificate proves to be intentionally false.
    4. Repealed.
  2. Repealed.

History:

(Sept. 24, 1976, D.C. Law 1-85, title II, §209, 23 DCR 2464; Mar. 31, 2009, D.C. Law 17-372, §3(h), 56 DCR 1365; June 3, 2011, D.C. Law 18-377, §2(d), 58 DCR 1174.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications
1981 Ed., §6-2319.
1973 Ed., §6-1819.
Effect of Amendments
D.C. Law 17-372 designated subsec. (a); in subsec. (a), inserted "or" at the end of par. (2), substituted a period for "; and" at the end of par. (3), and repealed par. (4); and added subsec. (b). Prior to repeal, par. (4) of subsec. (a) read as follows:
"(4) There is a violation or omission of the duties, obligations or requirements imposed by §7-2502.08."
D.C. Law 18-377, in subsec. (a)(1), substituted "§7-2502.03(a)" for "§7-2502.03"; and rewrote subsec. (b), which had read as follows:
"(b) In addition to any other criminal or civil sanctions that may be imposed, including §7-2507.06:
"(1) A registrant shall be subject to a civil fine of $100 for the 1st violation or omission of the duties, obligations, or requirements imposed by §7-2502.08.
"(2) A registrant shall be subject to a civil fine of $500 for the 2nd violation or omission of the duties, obligations, or requirements imposed by §7-2502.08, a registrant's registration shall be revoked, and the registrant shall be prohibited from possessing or registering any firearm for a period of 5 years.
"(3) A registrant shall be subject to a civil fine of $500 for the 3rd violation or omission of the duties, obligations, or requirements imposed by §7-2502.08, a registrant's registration shall be revoked, and the registrant shall be prohibited from possessing or registering any firearm."
Emergency Act Amendments
For temporary (90 day) amendment of section, see §3(h) of Firearms Registration Emergency Amendment Act of 2008 (D.C. Act 17-651, January 6, 2009, 56 DCR 911).
For temporary (90 day) amendment of section, see §502(d) of Public Safety Legislation Sixty-Day Layover Emergency Amendment Act of 2010 (D.C. Act 18-693, January 18, 2011, 58 DCR 640).
For temporary (90 day) amendment of section, see §502(d) of Public Safety Legislation Sixty-Day Layover Congressional Review Emergency Amendment Act of 2011 (D.C. Act 19-45, April 20, 2011, 58 DCR 3701).
Legislative History of Laws
For legislative history of D.C. Law 1-85, see Historical and Statutory Notes following §7-2501.01.
For Law 17-372, see notes following §7-2501.01.
For history of Law 18-377, see notes under §7-2502.03.

§7-2502.10 - Procedure for denial and revocation of registration certificate
  1. If it appears to the Chief that an application for a registration certificate should be denied or that a registration certificate should be revoked, the Chief shall notify the applicant or registrant of the proposed denial or revocation, briefly stating the reason or reasons therefor. Service may be made by delivering a copy of the notice to the applicant or registrant personally, or by leaving a copy thereof at the place of residence identified on the application or registration with some person of suitable age and discretion then residing therein, or by mailing a copy of the notice first class mail, postage prepaid, to the residence address identified on the application or certificate. In the case of an organization, service may be made upon the president, chief executive, or other officer, managing agent or person authorized by appointment or law to receive such notice as described in the preceding sentence at the business address of the organization identified in the application or registration certificate. The person serving the notice shall make proof thereof by preparing an affidavit identifying the person served and stating the time, place, and manner of service. The applicant or registrant shall have 15 days from the date the notice is served in which to submit further evidence in support of the application or qualifications to continue to hold a registration certificate, as the case may be; provided, that if the applicant does not make such a submission within 15 days from the date of service, the applicant or registrant shall be deemed to have conceded the validity of the reason or reasons stated in the notice, and the denial or revocation shall become final.
  2. Within 10 days of the date upon which the Chief receives such a submission, he shall serve upon the applicant or registrant in the manner specified in subsection (a) of this section notice of his final decision. The Chief's decision shall become effective at the expiration of the time within which to file a notice of appeal pursuant to the District of Columbia Administrative Procedure Act (§2-501 et seq.) or, if such a notice of appeal is filed, at the time the final order or judgment of the District of Columbia Court of Appeals becomes effective.
  3. Within 7 days of a decision unfavorable to the applicant or registrant becoming final, the applicant or registrant shall:
    1. Peaceably surrender to the Chief the firearm for which the registration certificate was revoked in the manner provided in §7-2507.05; or
    2. Lawfully remove such firearm from the District for so long as he has an interest in such firearm; or
    3. Otherwise lawfully dispose of his interest in such firearm.
  4. If a firearm is in the possession of the Chief, the Chief may maintain possession of the firearm for which the registrant is temporarily or permanently prohibited from having lawful possession until final disposition of the matter.

History:

(Sept. 24, 1976, D.C. Law 1-85, title II, §210, 23 DCR 2464; Mar. 16, 1978, D.C. Law 2-62, §2, 24 DCR 5780; Mar. 31, 2009, D.C. Law 17-372, §3(i), 56 DCR 1365.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications
1981 Ed., §6-2320.
1973 Ed., §6-1820.
Effect of Amendments
D.C. Law 17-372 rewrote subsec. (a); and added subsec. (d). Prior to amendment, subsec. (a) read as follows:
"(a) If it appears to the Chief that an application for a registration certificate should be denied or that a registration certificate should be revoked, the Chief shall notify the applicant or registrant of the proposed denial or revocation, briefly stating the reason or reasons therefor. Service may be made by delivering a copy of the notice to the applicant or registrant personally, or by leaving a copy thereof at the place of residence identified on the application or registration with some person of suitable age and discretion then residing therein, or by mailing a copy of the notice by certified mail to the residence address identified on the application or certificate, in which case service shall be complete as of the date the return receipt was signed. In the case of an organization, service may be made upon the president, chief executive, or other officer, managing agent or person authorized by appointment or law to receive such notice as described in the preceding sentence at the business address of the organization identified in the application or registration certificate. The person serving the notice shall make proof thereof with the Chief in a manner prescribed by him. In the case of service by certified mail, the signed return receipt shall be filed with the Chief together with a signed statement showing the date such notice was mailed; and if the return receipt does not purport to be signed by the person named in the notice, then specific facts from which the Chief can determine that the person who signed the receipt meets the appropriate qualifications for receipt of such notice set out in this subsection. The applicant or registrant shall have 15 days from the date the notice is served in which to submit further evidence in support of the application or qualifications to continue to hold a registration certificate, as the case may be; provided, that if the applicant does not make such a submission within 15 days from the date of service, the applicant or registrant shall be deemed to have conceded the validity of the reason or reasons stated in the notice, and the denial of revocation shall become final."
Emergency Act Amendments
For temporary (90 day) amendment of section, see §3(i) of Firearms Registration Emergency Amendment Act of 2008 (D.C. Act 17-651, January 6, 2009, 56 DCR 911).
Legislative History of Laws
For legislative history of D.C. Law 1-85, see Historical and Statutory Notes following §7-2501.01.
For legislative history of D.C. Law 2-62, see Historical and Statutory Notes following §7-2501.01.
For Law 17-372, see notes following §7-2501.01.

§7-2502.11 - Information prohibited from use as evidence in criminal proceedings

No information obtained from a person under this subchapter or retained by a person in order to comply with any section of this subchapter, shall be used as evidence against such person in any criminal proceeding with respect to a violation of this unit, occurring prior to or concurrently with the filing of the information required by this subchapter; provided, that this section shall not apply to any violation of §22-2402, or §7-2507.04.

History:

(Sept. 24, 1976, D.C. Law 1-85, title II, §211, 23 DCR 2464; Mar. 16, 1978, D.C. Law 2-62, §2, 24 DCR 5780; Aug. 2, 1983, D.C. Law 5-24, §13, 30 DCR 3341.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications
1981 Ed., §6-2321.
1973 Ed., §6-1821.
Legislative History of Laws
For legislative history of D.C. Law 1-85, see Historical and Statutory Notes following §7-2501.01.
For legislative history of D.C. Law 2-62, see Historical and Statutory Notes following §7-2502.01.
Law 5-24, the "Technical and Clarifying Amendments Act of 1983," was introduced in Council and assigned Bill No. 5-169, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on May 10, 1983, and May 24, 1983, respectively. Signed by the Mayor on June 9, 1983, it was assigned Act No. 5-41 and transmitted to both Houses of Congress for its review.

§7-2502.11a - (2014) Freedom of information exception

Any record regarding individuals who have applied, received, or had revoked any registration issued pursuant to this title shall not be made available as a public record under section 202 of the Freedom of Information Act of 1976, effective March 25, 1977 (D.C. Law 1-96; D.C. Official Code § 2-532).

§7-2502.12 - Definition of self-defense spray

For the purposes of §7-2502.12 through 7-2502.14, the term:

"Self-defense spray" means a mixture of a lacrimator including chloroacetophenone, alphacloracetophenone, phenylchloromethylketone, orthochlorobenazalm-alononitrile or oleoresin capsicum.

History:

(Sept. 24, 1976, D.C. Law 1-85, title II, §212, as added Mar. 17, 1993, D.C. Law 9-244, §2, 40 DCR 647; May 16, 1995, D.C. Law 10-255, §10(a), 41 DCR 5193.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications
1981 Ed., §6-2322.
Legislative History of Laws
Law 9-244, the "Legalization of Self-Defense Sprays Amendment Act of 1992," was introduced in Council and assigned Bill No. 9-587, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on December 1, 1992, and December 15, 1992, respectively. Signed by the Mayor on January 5, 1993, it was assigned Act No. 9-382 and transmitted to both Houses of Congress for its review. D.C. Law 9-244 became effective on March 17, 1993.
Law 10-255, the "Technical Amendments Act of 1994," was introduced in Council and assigned Bill No. 10-673, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on June 21, 1994, and July 5, 1994, respectively. Signed by the Mayor on July 25, 1994, it was assigned Act No. 10-302 and transmitted to both Houses of Congress for its review. D.C. Law 10-255 became effective May 16, 1995.

§7-2502.13 - Possession of self-defense sprays
  1. Notwithstanding the provisions of §7-2501.01(7)(C), a person 18 years of age or older may possess and use a self-defense spray in the exercise of reasonable force in defense of the person or the person's property only if it is propelled from an aerosol container, labeled with or accompanied by clearly written instructions as to its use, and dated to indicate its anticipated useful life.
  2. No person shall possess a self-defense spray which is of a type other than that specified in §7-2502.12 to 7-2502.14.

History:

(Sept. 24, 1976, D.C. Law 1-85, title II, §213, as added Mar. 17, 1993, D.C. Law 9-244, §2, 40 DCR 647; May 16, 1995, D.C. Law 10-255, §10(b), 41 DCR 5193.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications
1981 Ed., §6-2323.
Legislative History of Laws
For legislative history of D.C. Law 9-244, see Historical and Statutory Notes following §7-2502.12.
For legislative history of D.C. Law 10-255, see Historical and Statutory Notes following §7-2502.12.

§7-2502.14 - Registration of self-defense sprays
  1. A person 18 years of age or older must register the self-defense spray at the time of purchase by completing a standard registration form.
  2. The vendor must forward the registration form to the Metropolitan Police Department.

History:

(Sept. 24, 1976, D.C. Law 1-85, title II, §214, as added Mar. 17, 1993, D.C. Law 9-244, §2, 40 DCR 647.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications
1981 Ed., §6-2324.
Legislative History of Laws
For legislative history of D.C. Law 9-244, see Historical and Statutory Notes following §7-2502.12.

Subchapter III - Estates Containing Firearms

§7-2503.01 - Rights and responsibilities of executors and administrators
  1. The executor or administrator of an estate containing a firearm shall notify the Chief of the death of the decedent within 30 days of his appointment or qualification, whichever is earlier.
  2. Until the lawful distribution of such firearm to an heir or legatee or the lawful sale, transfer, or disposition of the firearm by the estate, the executor or administrator of such estate shall be charged with the duties and obligations which would have been imposed by this unit upon the decedent, if the decedent were still alive; provided, that such executor or administrator shall not be liable to the criminal penalties of §7-2507.06.

History:

(Sept. 24, 1976, D.C. Law 1-85, title III, §301, 23 DCR 2464; Mar. 16, 1978, D.C. Law 2-62, §2, 24 DCR 5780; Aug. 2, 1983, D.C. Law 5-19, §3, 30 DCR 3328.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications
1981 Ed., §6-2331.
1973 Ed., §6-1831.
Legislative History of Laws
For legislative history of D.C. Law 1-85, see Historical and Statutory Notes following §7-2501.01.
For legislative history of D.C. Law 2-62, see Historical and Statutory Notes following §7-2501.01.

Subchapter IV - Licensing of Firearms Businesses

§7-2504.01 - Manufacture of firearms, destructive devices or ammunition prohibited; requirement for dealer's license
  1. No person or organization shall manufacture any firearm, destructive device or parts thereof, or ammunition, within the District; provided, that persons holding registration certificates may engage in hand loading, reloading, or custom loading ammunition for his registered firearms; provided further, that such person may not hand load, reload, or custom load ammunition for others.
  2. No person or organization shall engage in the business of selling, purchasing, or repairing any firearm, destructive device, parts therefor, or ammunition, without first obtaining a dealer's license, and no licensee shall engage in the business of selling, purchasing, or repairing firearms which are unregisterable under §7-2502.02, destructive devices, or parts therefor, except pursuant to a valid work or purchase order, for those persons specified in §7-2502.01(b)(1).
  3. Any license issued pursuant to this section shall be issued by the Metropolitan Police Department as a Public Safety endorsement to a basic business license under the basic business license system as set forth in subchapter I-A of Chapter 28 of Title 47.

History:

(Sept. 24, 1976, D.C. Law 1-85, title IV, §401, 23 DCR 2464; Apr. 20, 1999, D.C. Law 12-261, §2003(k)(1), 46 DCR 3142; Oct. 28, 2003, D.C. Law 15-38, §3(i)(1), 50 DCR 6913.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications
1981 Ed., §6-2341.
1973 Ed., §6-1841.
Effect of Amendments
D.C. Law 15-38, in subsec. (c), substituted "Public Safety endorsement to a basic business license under the basic" for "Class A Public Safety endorsement to a master business license under the master".
Emergency Act Amendments
For temporary (90 day) amendment of section, see §3(i)(1) of Streamlining Regulation Emergency Act of 2003 (D.C. Act 15-145, August 11, 2003, 50 DCR 6896).
Legislative History of Laws
For legislative history of D.C. Law 1-85, see Historical and Statutory Notes following §7-2501.01.
Law 12-261, the "Second Omnibus Regulatory Reform Amendment Act of 1998," was introduced in Council and assigned Bill No. 12-615, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on December 1, 1998, and December 15, 1998, respectively. Signed by the Mayor on December 31, 1998, it was assigned Act No. 12-615 and transmitted to both Houses of Congress for its review. D.C. Law 12-261 became effective on April 20, 1999.
For Law 15-38, see notes following §7-732.

§7-2504.02 - Qualifications for dealer's license; application; fee
  1. Any person eligible to register a firearm under this unit and who, if a registrant, has not previously failed to perform any of the duties imposed by this unit; and, any person eligible under the acts of Congress to engage in such business, may obtain a dealer's license, or a renewal thereof, which shall be valid for a period of not more than 1 year from the date of issuance. The license required by this unit, shall be in addition to any other license or licensing procedure required by law.
  2. Each application for a dealer's license and each application for renewal thereof shall be made on a form prescribed by the Chief, shall be sworn to or affirmed by the applicant, and shall contain:
    1. The information required by §7-2502.03(a);
    2. The address where the applicant conducts or intends to conduct his business;
    3. Whether the applicant, prior to September 24, 1976, held a license to deal in deadly weapons in the District; and
    4. Such other information as the Chief may require, including fingerprints and photographs of the applicant, to carry out the purposes of this unit.
  3. Each application for a dealer's license, or renewal shall be accompanied by a fee established by the Mayor; provided, that such fee shall in the judgment of the Mayor, reimburse the District for the cost of services provided under this subchapter.
  4. Any license issued pursuant to this section shall be issued as a Public Safety endorsement to a basic business license under the basic business license system as set forth in subchapter I-A of Chapter 28 of Title 47.

History:

(Sept. 24, 1976, D.C. Law 1-85, title IV, §402, 23 DCR 2464; Apr. 20, 1999, D.C. Law 12-261, §2003(k)(2), 46 DCR 3142; Oct. 28, 2003, D.C. Law 15-38, §3(i)(2), 50 DCR 6913.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications
1981 Ed., §6-2342.
1973 Ed., §6-1842.
Effect of Amendments
D.C. Law 15-38, in subsec. (c), substituted "Public Safety endorsement to a basic business license under the basic" for "Class A Public Safety endorsement to a master business license under the master".
Emergency Act Amendments
For temporary (90 day) amendment of section, see §3(i)(2) of Streamlining Regulation Emergency Act of 2003 (D.C. Act 15-145, August 11, 2003, 50 DCR 6896).
Legislative History of Laws
For legislative history of D.C. Law 1-85, see Historical and Statutory Notes following §7-2501.01.
For legislative history of D.C. Law 12-261, see Historical and Statutory Notes following §7-2504.01.
For Law 15-38, see notes following §7-732.
Delegation of Authority
Delegation of Authority pursuant to D.C. Law 1-85, the Firearms Control Regulation Act of 1975

§7-2504.03 - Issuance of dealer's license; time period; corrections
  1. Upon receipt of a properly executed application for a dealer's license, or renewal thereof, the Chief, upon determining through further inquiry, investigation, or otherwise, that the applicant is entitled and qualified under the provisions of this unit thereto, shall issue a dealer's license. Each dealer's license shall be in duplicate and bear a unique dealer's license number, and such other information as the Chief determines is necessary to identify the applicant and premises. The duplicate of the dealer's license shall be delivered to the applicant and the Chief shall retain the original.
  2. The Chief shall approve or deny an application for a registration certificate within a 60-day period beginning on the date the Chief receives the application, unless good cause is shown, including nonreceipt of information from sources outside the District government. The Chief may hold in abeyance an application where there is any firearms revocation proceeding pending against such person.
  3. Upon receipt of a dealer's license, each applicant shall examine the same to ensure that the information thereon is correct. If the dealer's license is incorrect in any respect, the person named thereon shall return the same to the Chief with a signed statement showing the nature of the error. The Chief shall correct the error, if it occurred through administrative error. In the event the error resulted from information contained in the application, the applicant shall be required to file an amended application explaining the error in the original application. Each amended application shall be accompanied by a fee equal to that required for the original application.
  4. In the event the Chief learns of an error in a dealer's license, other than as provided in subsection (c) of this section, he may require the holder to return the dealer's license for correction. If the error resulted from information contained in the application, the person named therein shall be required to file an amended application as provided in subsection (c) of this section.
    (e) Each dealer's license issued by the Chief shall be accompanied by a statement setting forth a dealer's duties under this unit.

History:

(Sept. 24, 1976, D.C. Law 1-85, title IV, §403, 23 DCR 2464.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications
1981 Ed., §6-2343.
1973 Ed., §6-1843.
Legislative History of Laws
For legislative history of D.C. Law 1-85, see Historical and Statutory Notes following §7-2501.01.

§7-2504.04 - Duties of licensed dealers; records required
  1. Each person holding a dealer's license, in addition to any other requirements imposed by this unit, the acts of Congress, and other law, shall:
    1. Display the dealer's license in a conspicuous place on the premises;
    2. Notify the Chief in writing:
      1. Of the loss, theft, or destruction of the dealer's license (including the circumstances, if known) immediately upon the discovery of such loss, theft, or destruction or of the loss, theft, or destruction of any firearms or ammunition in the dealer's inventory;
      2. Of a change in any of the information appearing on the dealer's license or required by §7-2504.02 immediately upon the occurrence of any such change;
    3. Keep at the premises identified in the dealer's license a true and current record in book form of:
      1. The name, address, home phone, and date of birth of each employee handling firearms, ammunition, or destructive devices;
      2. Each firearm or destructive device received into inventory or for repair including the:
        1. Serial number, caliber, make, model, manufacturer's number (if any), dealer's identification number (if any), registration certificate number (if any) of the firearm, and similar descriptive information for destructive devices;
        2. Name, address, and dealer's license number (if any) of the person or organization from whom the firearm or destructive device was purchased or otherwise received;
        3. Consideration given for the firearm or destructive device, if any;
        4. Date and time received by the licensee and in the case of repair, returned to the person holding the registration certificate; and
        5. Nature of the repairs made;
      3. Each firearm or destructive device sold or transferred including the:
        1. Serial number, caliber, make, model, manufacturer's number or dealer's identification number, and registration certificate number (if any) of the firearm or similar information for destructive devices;
        2. Name, address, registration certificate number or license number (if any) of the person or organization to whom transferred;
        3. The consideration for transfer; and
        4. Time and date of delivery of the firearm or destructive device to the transferee;
      4. Ammunition received into inventory including the:
        1. Brand and number of rounds of each caliber or gauge;
        2. Name, address, and dealer's license or registration number (if any) of the person or organization from whom received;
        3. Consideration given for the ammunition; and
        4. Date and time of the receipt of the ammunition;
      5. Ammunition sold or transferred including:
        1. Brand and number of rounds of each caliber or gauge;
        2. Name, address and dealer's license number (if any) of the person or organization to whom sold or transferred;
        3. If the purchaser or transferee is not a licensee, the registration certificate number of the firearm for which the ammunition was sold or transferred;
        4. The consideration for the sale and transfer; and
        5. The date and time of sale or transfer.
  2. The records required by subsection (a) of this section shall upon demand be exhibited during normal business hours to any member of the Metropolitan Police Department. In addition, the records required by subsection (a) of this section shall be submitted upon demand with the dealer's application for license renewal.
  3. Each person holding a dealer's license shall, when required by the Chief in writing, submit on a form and for the periods of time specified, any record information required to be maintained by subsection (a) of this section, and any other information reasonably obtainable therefrom.

History:

(Sept. 24, 1976, D.C. Law 1-85, title IV, §404, 23 DCR 2464; Mar. 31, 2009, D.C. Law 17-372, §3(j), 56 DCR 1365.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications
1981 Ed., §6-2344.
1973 Ed., §6-1844.
Effect of Amendments
D.C. Law 17-372, in subsec. (a)(2)(A), substituted "destruction or of the loss, theft, or destruction of any firearms or ammunition in the dealer's inventory;" for "destruction;"; and, in subsec. (b), added the second sentence.
Emergency Act Amendments
For temporary (90 day) amendment of section, see §3(j) of Firearms Registration Emergency Amendment Act of 2008 (D.C. Act 17-651, January 6, 2009, 56 DCR 911).
Legislative History of Laws
For legislative history of D.C. Law 1-85, see Historical and Statutory Notes following §7-2501.01.
For Law 17-372, see notes following §7-2501.01.

§7-2504.05 - Revocation of dealer's license

A dealer's license shall be revoked if:

  1. Any of the criteria in §7-2504.04 is not currently met;
  2. The information furnished to the Chief on the application for a dealer's license proves to be intentionally false;
  3. There is a violation or omission of the duties, obligations, or requirements imposed by §7-2504.04; or
  4. The license holder no longer meets any of the criteria required by this subchapter .

History:

(Sept. 24, 1976, D.C. Law 1-85, title IV, §405, 23 DCR 2464; Mar. 31, 2009, D.C. Law 17-372, §3(k), 56 DCR 1365; Sept. 26, 2012, D.C. Law 19-170, §2(j), 59 DCR 5691.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications
1981 Ed., §6-2345.
1973 Ed., §6-1845.
Effect of Amendments
D.C. Law 17-372, in pars. (1) and (2), deleted "or" at the end; in par. (3), substituted "; or" for a period; and added par. (4).
D.C. Law 19-170, in par. (4), substituted "subchapter" for "unit".
Emergency Act Amendments
For temporary (90 day) amendment of section, see §3(k) of Firearms Registration Emergency Amendment Act of 2008 (D.C. Act 17-651, January 6, 2009, 56 DCR 911).
For temporary (90 day) amendment of section, see §2(j) of Firearms Emergency Amendment Act of 2012 (D.C. Act 19-352, May 11, 2012, 59 DCR 5116).
For temporary (90 day) amendment of section, see §2(j) of the Firearms Amendments Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-394, July 18, 2012, 59 DCR 8694).
For temporary (90 day) amendment of section, see §2(j) of the Firearms Second Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-510, October 26, 2012, 59 DCR 12808).
Legislative History of Laws
For legislative history of D.C. Law 1-85, see Historical and Statutory Notes following §7-2501.01.
For Law 17-372, see notes following §7-2501.01.
For history of Law 19-170, see notes under §7-2501.01.

§7-2504.06 - Procedure for denial and revocation of dealer's license
  1. If it appears to the Chief that an application for a dealer's license should be denied or that a dealer's license should be revoked, the Chief shall notify the applicant or registrant of the proposed denial or revocation briefly stating the reason or reasons therefor. Service may be made as provided for in §7-2502.10(a). The applicant or dealer shall have 15 days from the date of service in which to submit further evidence in support of the application or qualifications to continue to hold a dealer's license, as the case may be; provided, that if the applicant or dealer does not make such a submission within 15 days from the date of service, the applicant or dealer shall be deemed to have conceded the validity of the reason or reasons stated in the notice, and the denial or revocation shall become final.
  2. Within 10 days of the date upon which the Chief receives such a submission, the Chief shall serve upon the applicant or registrant in the manner provided in §7-2502.10(a) notice of his final decision. The Chief's decision shall become effective at the expiration of the time within which to file a notice of appeal pursuant to the District of Columbia Administrative Procedure Act (§2-501 et seq.) or, if such a notice of appeal is filed, at the time the final order or judgment of the District of Columbia Court of Appeals becomes effective.
  3. Within 45 days of a decision becoming effective, which is unfavorable to a licensee or to an applicant for a dealer's license, the licensee or applicant shall:
    1. If he is eligible to register firearms pursuant to this unit, register such firearms in his inventory as are capable of registration pursuant to this unit;
    2. Peaceably surrender to the Chief any firearms in his inventory which he does not register, and all destructive devices in his inventory in the manner provided for in §7-2507.05;
    3. Lawfully remove from the District any firearm in his inventory which he does not register and all destructive devices and ammunition in his inventory for so long as he has an interest in them; or
    4. Otherwise lawfully dispose of any firearms in his inventory which he does not register and all destructive devices and ammunition in his inventory.

History:

(Sept. 24, 1976, D.C. Law 1-85, title IV, §406, 23 DCR 2464; Mar. 16, 1978, D.C. Law 2-62, §2, 24 DCR 5780.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications
1981 Ed., §6-2346.
1973 Ed., §6-1846.
Legislative History of Laws
For legislative history of D.C. Law 1-85, see Historical and Statutory Notes following §7-2501.01.
For legislative history of D.C. Law 2-62, see Historical and Statutory Notes following §7-2501.01.

§7-2504.07 - Display of firearms or ammunition by dealers; security; employees of dealers
  1. No licensed dealer shall display any firearm or ammunition in windows visible from a street or sidewalk. All firearms, destructive devices, and ammunition shall be kept at all times in a securely locked place affixed to the premises except when being shown to a customer, being repaired, or otherwise being worked on.
  2. No licensee shall knowingly employ any person in his establishment if such person would not be eligible to register a firearm under this unit.

History:

(Sept. 24, 1976, D.C. Law 1-85, title IV, §407, 23 DCR 2464.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications
1981 Ed., §6-2347.
1973 Ed., §6-1847.
Legislative History of Laws
For legislative history of D.C. Law 1-85, see Historical and Statutory Notes following §7-2501.01.

§7-2504.08 - (2016) Identification number on firearm required before sale
  1. No licensee shall sell or offer for sale any firearm which does not have imbedded into the metal portion of such firearm a unique manufacturer's identification number or serial number, unless the licensee shall have imbedded into the metal portion of such firearm a unique dealer's identification number.
  2. Beginning on January 1, 2018, no licensee shall sell or offer for sale any semiautomatic pistol manufactured on or after January 1, 2018 that is not microstamp-ready as required by and in accordance with §7-2505.03.

History:

(Sept. 24, 1976, D.C. Law 1-85, title IV, §408, 23 DCR 2464; Mar. 31, 2009, D.C. Law 17-372, §3(l), 56 DCR 1365; June 3, 2011, D.C. Law 18-377, §2(e), 58 DCR 1174; Sept. 26, 2012, D.C. Law 19-170, §2(k), 59 DCR 5691; January 17, 2014, D.C. Law 20-612, §2(b), 60 DCR 408.)

§7-2504.09 - Certain information obtained from or retained by dealers not to be used as evidence in criminal proceedings

No information obtained from or retained by a licensed dealer to comply with this unit shall be used as evidence against such licensed dealer in any criminal proceeding with respect to a violation of this unit occurring prior to or concurrently with the filing of such information; provided, that this section shall not apply to any violation of §22-2402, or of §7-2507.04.

History:

(Sept. 24, 1976, D.C. Law 1-85, title IV, §409, 23 DCR 2464; Mar. 16, 1978, D.C. Law 2-62, §2, 24 DCR 5780; Aug. 2, 1983, D.C. Law 5-24, §13, 30 DCR 3341.)

§7-2504.10 - District as federal firearms licensee
  1. Whenever there is no active federal firearms licensee in the District of Columbia, the Mayor may seek from federal authorities a license for the District to act as a federal firearms licensee solely for the benefit of any District resident eligible and seeking to obtain a lawful handgun.
  2. The Mayor shall delegate the authority under subsection (a) of this section to a subordinate agency.
  3. The District shall act under the license obtained pursuant to subsection (a) of this section only until such time as there is an active federal firearms licensee in the District of Columbia.
  4. The District may charge a fee to recover the cost of acting as a federal firearms licensee pursuant to subsection (a) of this section by charging $125 or its actual costs, whichever is less, for each handgun.
  5. For the purposes of this section, the term "active federal firearms licensee" means a person or business that has applied for and received a federal firearms license pursuant to 18 U.S.C. §923 for the purpose of interstate transfer of handguns, and is operating commercially in the District of Columbia.

History:

(Sept. 24, 1976, D.C. Law 1-85, title IV, §410, as added Sept. 26, 2012, D.C. Law 19-170, §2(l), 59 DCR 5691.)

Subchapter V - Sale and Transfer of Firearms, Destructive Devices, and Ammunition

§7-2505.01 - Sales and transfers prohibited

No person or organization shall sell, transfer or otherwise dispose of any firearm, destructive device or ammunition in the District except as provided in §7-2502.10(c), §7-2505.02, or §7-2507.05.

History:

(Sept. 24, 1976, D.C. Law 1-85, title V, §501, 23 DCR 2464; Mar. 16, 1978, D.C. Law 2-62, §2, 24 DCR 5780.)

§7-2505.02 - (2013) Permissible sales and transfers
  1. Any person or organization eligible to register a firearm may sell or otherwise transfer ammunition or any firearm, except those which are unregisterable under §7-2502.02, to a licensed dealer.
  2. Any licensed dealer may sell or otherwise transfer:
    1. Ammunition, excluding one or more restricted pistol bullets, and any firearm or destructive device which is lawfully a part of such licensee's inventory, to any nonresident person or business licensed under the acts of Congress and the jurisdiction where such person resides or conducts such business;
    2. Ammunition, including one or more restricted pistol bullets, and any firearm or destructive device which is lawfully a part of such licensee's inventory to:
      1. Any other licensed dealer;
      2. Any law enforcement officer or agent of the District or the United States of America when such officer or agent is on duty, and acting within the scope of his duties when acquiring such firearm, ammunition, or destructive device, if the officer or agent has in his possession a statement from the head of his agency stating that the item is to be used in such officer's or agent's official duties.
  3. Any licensed dealer may sell or otherwise transfer a firearm except those which are unregisterable under §7-2502.02, to any person or organization possessing a registration certificate for such firearm; provided, that if the Chief denies a registration certificate, he shall so advise the licensee who shall thereupon: (1) withhold delivery until such time as a registration certificate is issued, or, at the option of the purchaser; (2) declare the contract null and void, in which case consideration paid to the licensee shall be returned to the purchaser; provided further, that this subsection shall not apply to persons covered by subsection (b) of this section.
  4. Except as provided in subsections (b) and (e) of this section, no licensed dealer shall sell or otherwise transfer ammunition unless:
    1. The sale or transfer is made in person; and
    2. The purchaser exhibits, at the time of sale or other transfer, a valid registration certificate, or in the case of a nonresident, proof that the weapon is lawfully possessed in the jurisdiction where such person resides;
    3. The ammunition to be sold or transferred is of the same caliber or gauge as the firearm described in the registration certificate, or other proof in the case of nonresident; and
    4. The purchaser signs a receipt for the ammunition which (in addition to the other records required under this unit) shall be maintained by the licensed dealer for a period of 1 year from the date of sale.
  5. Any licensed dealer may sell ammunition to any person holding an ammunition collector's certificate on September 24, 1976; provided, that the collector's certificate shall be exhibited to the licensed dealer whenever the collector purchases ammunition for his collection; provided further, that the collector shall sign a receipt for the ammunition, which shall be treated in the same manner as that required under paragraph (4) of subsection (d) of this section.

History:

(Sept. 24, 1976, D.C. Law 1-85, title V, §502, 23 DCR 2464; Mar. 16, 1978, D.C. Law 2-62, §2, 24 DCR 5780; Aug. 2, 1983, D.C. Law 5-19, §3, 30 DCR 3328.)

§7-2505.03 - (2016) Microstamping
  1. For the purposes of the section, the term:
    1. "Firearms dealer" means a person or organization possessing a dealer's license under authority of subchapter IV of this chapter.
    2. "Manufacturer" means any person in business to manufacture or assemble a firearm, for sale or distribution.
    3. "Microstamp-ready" means a semiautomatic pistol that is manufactured to produce a unique alpha-numeric or geometric code on at least 2 locations on each expended cartridge case that identifies the make, model, and serial number of the pistol.
    4. "Semiautomatic pistol" means a pistol capable of utilizing a portion of the energy of a firing cartridge to extract the fired cartridge case and automatically chamber the next round, and that requires a separate pull of the trigger to fire each successive round.
  2. Except as provided in subsection (c) of this section, beginning on January 1, 2018, a semiautomatic pistol shall be microstamp-ready if it is:
    1. Manufactured in the District of Columbia;
    2. Manufactured on or after January 1, 2018, and delivered or caused to be delivered by any manufacturer to a firearms dealer in the District of Columbia; or
    3. Manufactured on or after January 1, 2018, and sold, offered for sale, loaned, given, or transferred by a firearms dealer in the District of Columbia.
    1. A semiautomatic pistol manufactured after January 1, 2018 that is not microstamp-ready and that was acquired outside of the District by a person who was not a District resident at the time of acquisition but who subsequently moved to the District shall be registered if the requirements of this unit are met, and may be sold, transferred, or given away; provided, that the pistol shall be sold, transferred, or given away only through a firearms dealer.
    2. If a firearms dealer lawfully acquires a microstamp-ready semiautomatic pistol that was originally purchased by a non-dealer resident of the District of Columbia, the firearms dealer shall not sell, offer for sale, loan, give, or transfer that pistol if he or she knows or reasonably should have known that the unique alphanumeric or geometric code associated with that pistol has been changed, altered, removed, or obliterated, excepting for normal wear.
    1. Except as provided in paragraph (2) of this subsection, and except for normal wear, no person shall change, alter, remove, or obliterate the unique alpha-numeric or geometric code associated with that pistol.
    2. Replacing a firing pin that has been damaged or worn and is in need of replacement for the safe use of the semiautomatic pistol or for a legitimate sporting purpose shall not alone be evidence that someone has violated this subsection.
  5. Beginning January 1, 2018, a manufacturer that delivers a semiautomatic pistol, or causes a semiautomatic pistol to be delivered, to a firearms dealer for sale in the District of Columbia shall certify whether the pistol was manufactured on or after January 1, 2018 and, if it was, that:
    1. The semiautomatic pistol will produce a unique alpha-numeric code or a geometric code on each cartridge case that identifies the make, model, and serial number of the semiautomatic pistol that expended the cartridge casing; and
    2. The manufacturer will supply the Chief with the make, model, and serial number of the semiautomatic pistol that expended the cartridge case, when presented with an alpha-numeric or geometric code from a cartridge case; provided, that the cartridge case was recovered as part of a legitimate law enforcement investigation.
  6. The Chief, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to implement the provisions of this section.

History:

(Sept. 24, 1976, D.C. Law 1-85, title V, §503, as added Mar. 31, 2009, D.C. Law 17-372, §3(m), 56 DCR 1365; June 3, 2011, D.C. Law 18-377, §2(f), 58 DCR 1174; Sept. 26, 2012, D.C. Law 19-170, §2(m), 59 DCR 5691; January 17, 2014, D.C. Law 20-612, §2(b), 60 DCR 503.)

§7-2505.04 - Prohibition on sale, transfer, ownership, or possession of designated unsafe pistol
  1. Except as provided in subsections (c), (d), or (e) of this section, beginning January 1, 2009, a pistol that is not on the California Roster of Handguns Certified for Sale, (also known as the California Roster of Handguns Determined Not to be Unsafe), pursuant to California Penal Code §12131, as of January 1, 2009, may not be manufactured, sold, given, loaned, exposed for sale, transferred, or imported into the District of Columbia.
  2. Except as provided in subsection (e) of this section, beginning January 1, 2009, a pistol that is not on the California Roster of Handguns Certified for Sale as of January 1, 2009, may not be owned or possessed within the District of Columbia unless that pistol was lawfully owned and registered prior to January 1, 2009.
  3. Except as provided in subsection (e) of this section, a District of Columbia resident who is the owner of a pistol lawfully registered prior to January 1, 2009, that is not on the California Roster of Handguns Certified for Sale as of January 1, 2009, and who wishes to sell or transfer that pistol after January 1, 2009, may do so only by selling or transferring ownership of the handgun to a licensed firearm dealer.
  4. Except as provided in subsection (e) of this section, beginning January 1, 2009, a licensed firearm dealer who retains in the dealer's inventory, or who otherwise lawfully acquires, any pistol not on the California Roster of Handguns Certified for Sale as of January 1, 2009, may sell, loan, give, trade, or otherwise transfer the firearm only to another licensed firearm dealer.
  5. This section shall not apply to:
    1. Firearms defined as curios or relics, as defined in 27 C.F.R. §478.11;
    2. The purchase of any firearm by any law enforcement officer or agent of the District or the United States;
    3. Pistols that are designed expressly for use in Olympic target shooting events, as defined by rule;
    4. Certain single-action revolvers, as defined by rule;
    5. The sale, loan, or transfer of any firearm that is to be used solely as a prop during the course of a motion picture, television, or video production by an authorized participant in the course of making that production or event or by an authorized employee or agent of the entity producing that production or event;
    6. The temporary transfer of a lawfully owned and registered firearm for the purposes of cleaning, repair, or servicing of the firearm by a licensed firearm dealer; or
    7. The possession of a firearm by a non-resident of the District of Columbia while temporarily traveling through the District; provided, that the firearm shall be transported in accordance with §22-4504.02.
  6. The Chief shall review any additions or deletions to the California Roster of Handguns Certified for Sale at least annually. For purposes of District law, the Chief is authorized to revise, by rule, the roster of handguns determined not to be unsafe prescribed by subsection (a) of this section and to prescribe by rule the firearms permissible pursuant to subsection (e) of this section.
  7. The Chief shall provide to the licensed firearm dealers within the District information about how to obtain a copy of the California Roster of Handguns Certified for Sale and any revisions to it made the Chief.

History:

(Sept. 24, 1976, D.C. Law 1-85, title II, §504, as added Mar. 31, 2009, D.C. Law 17-372, §3(m), 56 DCR 1365.)

Subchapter VI - Possession of Ammunition

§7-2506.01 - Persons permitted to possess ammunition
  1. No person shall possess ammunition in the District of Columbia unless:
    1. He is a licensed dealer pursuant to subchapter IV of this unit;
    2. He is an officer, agent, or employee of the District of Columbia or the United States of America, on duty and acting within the scope of his duties when possessing such ammunition;
    3. He is the holder of a valid registration certificate for a firearm pursuant to subchapter II of this unit; except, that no such person shall possess one or more restricted pistol bullets;
    4. He holds an ammunition collector's certificate on September 24, 1976; or
    5. He temporarily possesses ammunition while participating in a firearms training and safety class conducted by a firearms instructor.
  2. 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.

History:

(Sept. 24, 1976, D.C. Law 1-85, title VI, §601, 23 DCR 2464; Mar. 16, 1978, D.C. Law 2-62, §2, 24 DCR 5780; Aug. 2, 1983, D.C. Law 5-19, §4, 30 DCR 3328; Mar. 31, 2009, D.C. Law 17-372, §3(n), 56 DCR 1365; Sept. 26, 2012, D.C. Law 19-170, §2(n), 59 DCR 5691.)

Subchapter VII - Miscellaneous Provisions

§7-2507.01 - Security mortgages, deposits, or pawns with firearms, destructive devices, or ammunition prohibited; loan or rental of firearms, destructive devices, or ammunition prohibited
  1. No firearm, destructive device, or ammunition shall be security for, or be taken or received by way of any mortgage, deposit, pledge, or pawn.
  2. No person may loan, borrow, give, or rent to or from another person, any firearm, destructive device, or ammunition.

History: (Sept. 24, 1976, D.C. Law 1-85, title VII, §701, 23 DCR 2464.)

§7-2507.02 - Responsibilities regarding storage of firearms; penalties
  1. It shall be the policy of the District of Columbia that each registrant should keep any firearm in his or her possession unloaded and either disassembled or secured by a trigger lock, gun safe, locked box, or other secure device.
  2. No person shall store or keep any firearm on any premises under his control if he knows or reasonably should know that a minor is likely to gain access to the firearm without the permission of the parent or guardian of the minor unless such person:
    1. Keeps the firearm in a securely locked box, secured container, or in a location which a reasonable person would believe to be secure; or
    2. Carries the firearm on his person or within such close proximity that he can readily retrieve and use it as if he carried it on his person.
    1. A person who violates subsection (b) of this section is guilty of criminally negligent storage of a firearm and, except as provided in paragraph (2) of this subsection, shall be fined not more than $1,000, imprisoned not more than 180 days, or both.
    2. A person who violates subsection (b) of this section and the minor causes injury or death to himself or another shall be fined not more than $5,000, imprisoned not more than 5 years, or both.
    3. The provisions of paragraphs (1) and (2) of this subsection shall not apply if the minor obtains the firearm as a result of an unlawful entry or burglary to any premises by any person.

    c-1. The provisions of §7-2507.06 shall not apply to this section.

  4. For the purposes of this section, the term "minor" shall mean a person under the age of 18 years.

History: (Sept. 24, 1976, D.C. Law 1-85, title VII, §702, 23 DCR 2464; Mar. 31, 2009, D.C. Law 17-372, §3(o), 56 DCR 1365; Sept. 26, 2012, D.C. Law 19-170, §2(o), 59 DCR 5691.)

§7-2507.03 - Firing ranges

Any person operating a firing range in the District, shall in addition to any other requirement imposed by law, register with the Chief, on a form prescribed by him, which shall include the business name of the range, the location, the names and home addresses of the owners and principal officers, the types of weapons fired there, the number and types of weapons normally stored there, the days and hours of operation, and such other information as the Chief shall require.

History:

(Sept. 24, 1976, D.C. Law 1-85, title VII, §703, 23 DCR 2464.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications
1981 Ed., §6-2373.
1973 Ed., §6-1873.
Legislative History of Laws
For legislative history of D.C. Law 1-85, see Historical and Statutory Notes following §7-2501.01.

§7-2507.04 - False information; forgery or alteration
  1. It shall be unlawful for any person purchasing any firearm or ammunition, or applying for any registration certificate or dealer's license under this unit, or in giving any information pursuant to the requirements of this unit, to knowingly give false information or offer false evidence of identity.
  2. It shall be unlawful for anyone to forge or alter any application, registration certificate, or dealer's license submitted, retained or issued under this unit.

History:

(Sept. 24, 1976, D.C. Law 1-85, title VII, §704, 23 DCR 2464.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications
1981 Ed., §6-2374.
1973 Ed., §6-1874.
Legislative History of Laws
For legislative history of D.C. Law 1-85, see Historical and Statutory Notes following §7-2501.01.

§7-2507.05 - Voluntary surrender of firearms, destructive devices, or ammunition; immunity from prosecution; determination of evidentiary value of firearm
  1. If a person or organization within the District voluntarily and peaceably delivers and abandons to the Chief any firearm, destructive device or ammunition at any time, such delivery shall preclude the arrest and prosecution of such person on a charge of violating any provision of this unit with respect to the firearm, destructive device, or ammunition voluntarily delivered. Delivery under this section may be made at any police district, station, or central headquarters, or by summoning a police officer to the person's residence or place of business. Every firearm and destructive device to be delivered and abandoned to the Chief under this section shall be transported in accordance with §22-4504.02 and, in the case of delivery to a police facility, the package shall be carried in open view. No person who delivers and abandons a firearm, destructive device, or ammunition under this section, shall be required to furnish identification, photographs, or fingerprints. No amount of money shall be paid for any firearm, destructive device, or ammunition delivered and abandoned under this section.
  2. Whenever any firearm, destructive device, or any ammunition is surrendered under this section or pursuant to §7-2502.10(c)(1), the Chief shall inquire of the United States Attorney's Office and the Office of Attorney General whether such firearm is needed as evidence; provided, that if the same is not needed as evidence, it shall be destroyed.

History:

(Sept. 24, 1976, D.C. Law 1-85, title VII, §705, 23 DCR 2464; Mar. 31, 2009, D.C. Law 17-372, §3(p), 56 DCR 1365.)

§7-2507.06 - (2014) Penalties
  1. Except as provided in §§ 7-2502.05, 7-2502.08, 7-2507.02, and 7-2508.07, subchapter IX of this chapter [§ 7-2509.01 et seq.], and § 7-2510.11, any person convicted of a violation of any provision of this unit shall be fined not more than the amount set forth in § 22-3571.01 or imprisoned for not more than 1 year, or both; except that:
    1. A person who knowingly or intentionally sells, transfers, or distributes a firearm, destructive device, or ammunition to a person under 18 years of age shall be fined not more than the amount set forth in § 22-3571.01 or imprisoned for not more than 10 years, or both.
      1. Except as provided in subparagraph (B) of this paragraph, any person who is convicted a second time for possessing an unregistered firearm shall be fined not more than the amount set forth in § 22-3571.01 or imprisoned not more than 5 years, or both.
      2. A person who in the person's dwelling place, place of business, or on other land possessed by the person, possesses a pistol, or firearm that could otherwise be registered, shall be fined not more than the amount set forth in § 22-3571.01 or imprisoned not more than 1 year, or both.
      1. A person convicted of possessing more than one restricted pistol bullet in violation of § 7-2506.01(a)(3) may be sentenced to imprisonment for a term not to exceed 10 years and shall be sentenced to imprisonment for a mandatory-minimum term of not less than 1 year and shall not be released from prison or granted probation or suspension of sentence prior to serving the mandatory-minimum sentence, and, in addition, may be fined not more than the amount set forth in § 22-3571.01.
      2. A person convicted of possessing a single restricted pistol bullet in violation of § 7-2506.01(a)(3) shall be fined not more than the amount set forth in § 22-3571.01 or imprisoned for not more than 1 year, or both.
    1. For the following violations of this unit, the prosecution may, in the operation of its discretion, offer an administrative disposition whereby a person may immediately resolve his or her case upon payment of a fine, in an amount set by the Board of Judges of the Superior Court of the District of Columbia; provided, that the person is not concurrently charged with another criminal offense arising from the same event, other than an offense pursuant to § 7-2502.01 or § 7-2506.01:
      1. Possession of an unregistered firearm pursuant to § 7-2502.01;
      2. Unlawful possession of ammunition (but not possession of more than one restricted pistol bullet) pursuant to § 7-2506.01; and
      3. Possession of a single restricted pistol bullet pursuant to § 7-2507.06(a)(3)(B); provided, that the person did not also possess a firearm at the time of arrest.
    2. In determining whether to offer an administrative disposition pursuant to this subsection, the prosecution, in the operation of its discretion, may consider, among other factors, whether at the time of his or her arrest, the person was a resident of the District of Columbia and whether the person had knowledge of § 7-2502.01, § 7-2506.01, or § 7-2507.06(a)(3)(B).
    3. An administrative disposition pursuant to this subsection is not a conviction of a crime and shall not be equated to a criminal conviction. The fact that a person resolved a charge through an administrative disposition pursuant to this subsection may not be relied upon by any court of the District of Columbia or any agency of the District of Columbia in any subsequent criminal, civil, or administrative proceeding or administrative action to impose any sanction, penalty, enhanced sentence, or civil disability.
    4. At the time of the prosecution's offer of an administrative disposition, the person may elect to proceed with the criminal case in lieu of an administrative disposition.
    5. The Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.], may issue rules to implement the provisions of this subsection. The rules may provide procedures and criteria to be used in determining when the prosecution, in the operation of its discretion, may offer the option of an administrative disposition pursuant to this subsection.

History:

(Sept. 24, 1976, D.C. Law 1-85, title VII, §706, 23 DCR 2464; Mar. 5, 1981, D.C. Law 3-147, §2, 27 DCR 4882; Aug. 20, 1994, D.C. Law 10-151, §301, 41 DCR 2608; Apr. 24, 2007, D.C. Law 16-306, §205, 53 DCR 8610; Sept. 26, 2012, D.C. Law 19-170, §2(p), 59 DCR 5691; Apr. 27, 2013, D.C. Law 19-295, § 2(d), 60 DCR 2623.)

§7-2507.06a. - Seizure and forfeiture of conveyances

Any conveyance in which a person or persons transport, possess, or conceal any firearm, as that term is defined in § 7-2501.01, or in any manner use to facilitate a violation of § 7-2502.02 or § 22-4503 or § 22-4504, is subject to forfeiture pursuant to the standards and procedures set forth in D.C. Law 20-278.

History: (Sept. 24, 1976, D.C. Law 1-85, title VII, § 706a, as added June 3, 1997, D.C. Law 11-273, § 2, 43 DCR 6168; June 3, 1997, D.C. Law 11-274, § 19(b), 43 DCR 1232; June 16, 2015, D.C. Law 20-278, § 302, 62 DCR 1920.)

Subchapter IX - Licenses To Carry A Pistol

§7-2509.01 - (2014) Definitions

For the purposes of this title, the term:

  1. "Concealed pistol" means a loaded or unloaded pistol carried on or about a person entirely hidden from view of the public, or carried on or about a person in a vehicle in such a way as it is entirely hidden from view of the public.
  2. "Law enforcement officer" means a sworn member of the Metropolitan Police Department or of any other law enforcement agency operating and authorized to make arrests in the District of Columbia, and includes any MPD reserve officer, any special police officers appointed pursuant to section 202 of An Act Making appropriations to provide for the expenses of the government of the District of Columbia for the fiscal year ending June thirtieth, nineteen hundred, and for other purposes, approved March 3, 1899 (30 Stat. 1057; D.C. Official Code § 5-129.02), and campus and university special police officers appointed pursuant to the College and University Campus Security Amendment Act of 1995, effective October 18, 1995 (D.C. Law 11-63; 6A DCMR § 1200 et seq.).
  3. "License" means a license to carry a concealed pistol issued pursuant to section 6 of the Pistols and Other Dangerous Weapons Act.
  4. "Licensee" means a person who has been issued a license pursuant to section 6 of the Pistols and Other Dangerous Weapons Act.
  5. "MPD" means the Metropolitan Police Department.
  6. "Section 6 of the Pistols and Other Dangerous Weapons Act" means section 6 of An Act To control the possession, sale, transfer, and use of pistols and other dangerous weapons in the District of Columbia, to provide penalties, to prescribe rules of evidence, and for other purposes, approved July 8, 1932 (47 Stat. 650; D.C. Official Code § 22-4506).

2014, Law 20-0447, §2

§7-2509.02 - (2014) Application requirements
  1. A person who submits an application pursuant to section 6 of the Pistols and Other Dangerous Weapons Act shall certify and demonstrate to the satisfaction of the Chief that he or she:
    1. Is at least 21 years of age;
    2. Meets all of the requirements for a person registering a firearm pursuant to this act, and has obtained a registration certificate for the pistol that the person is applying to carry concealed;
    3. Does not currently suffer nor has suffered in the previous 5 years from any mental illness or condition that creates a substantial risk that he or she is a danger to himself or herself or others;
    4. Has completed a firearms training course, or combination of courses, conducted by an instructor (or instructors) certified by the Chief that includes at least 16 hours of training, and covers the following:
      1. Firearm safety;
      2. Firearm nomenclature;
      3. The basic principles of marksmanship;
      4. The care, cleaning, maintenance, loading, unloading, and storage of pistols;
      5. Situational awareness, conflict management, and moral and ethical decisions on the use of deadly force;
      6. Defensive pistol and ammunition selection; and
      7. All applicable District and federal firearms laws, including the requirements of this act, An Act To control the possession, sale, transfer, and use of pistols and other dangerous weapons in the District of Columbia, to provide penalties, to prescribe rules of evidence, and for other purposes, approved July 8, 1932 (47 Stat. 650; D.C. Official Code § 22-4501 et seq.), and District law pertaining to self-defense;
    5. Has completed at least 2 hours of range training conducted by an instructor certified by the Chief, including shooting a qualification course of 50 rounds of ammunition from a maximum distance of 15 yards (45 feet); and
    6. Follows any procedures the Chief may establish by rule.
  2. An applicant shall satisfy the requirements of subsection (a)(4) and (5) of this section with a certification from the firearms instructor that:
    1. The applicant demonstrated satisfactory completion of the requirement; and
    2. The applicant possesses the proper knowledge, skills, and attitude to carry a concealed pistol.
  3. An applicant shall be exempt from the requirements of subsection (a)(4) and (5) of this section if he or she has submitted evidence that he or she has received firearms training in the United States military, or has otherwise completed firearms training conducted by a firearms instructor that, as determined by the Chief, is equal to or greater than that required under subsection (a)(4) and (5) of this section.
  4. A non-resident applicant for a license may satisfy any component of the requirements of subsection (a)(4) and (5) of this section by demonstrating to the satisfaction of the Chief that the applicant has met that particular component as part of a successful application to carry a concealed pistol issued by the lawful authorities of any state or subdivision of the United States.
    1. An applicant shall sign an oath or affirmation attesting to the truth of all the information required by section 6 of the Pistols and Other Dangerous Weapons Act and this section.
    2. Any declaration, certificate, verification, or statement made for purposes of an application for a license to carry a concealed pistol pursuant to this act shall be made under penalty of perjury pursuant to section 401 of the District of Columbia Theft and White Collar Crime Act of 1982, effective December 1, 1982 (D.C. Law 4-164; D.C. Official Code § 22-2402).
  6. An applicant is required to appear for an in-person interview at the MPD headquarters, for purposes including verification of the applicant's identity and verification of the information submitted as part of the application process for a license.

2014, Law 20-0447, §2

§7-2509.03 - (2014) Expiration and renewal of licenses
  1. Licenses shall expire no later than 2 years after the date of issuance unless revoked by the Chief or renewed pursuant to this title.
    1. A licensee shall be eligible for renewal of a license if:
      1. The licensee continues to meet all of the initial standards and application requirements set forth in section 6 of the Pistols and Other Dangerous Weapons Act and section 902, except that with regard to section 902(a)(4), only 4 hours of such training shall be required;
      2. With regard to section 902(a)(5), the licensee provides proof of 2 hours of range practice within the previous 12 months; and
      3. Follows any procedures the Chief may establish by rule.
    2. Timely renewal shall be the responsibility of the licensee, pursuant to any procedures the Chief may establish by rule.
    3. A renewal license shall expire no later than 2 years after the date of issuance unless revoked by the Chief or renewed pursuant to this act.
  3. Any person whose renewal application has been denied may, within 15 days of notice of the denial, appeal to the Concealed Pistol Licensing Review Board established pursuant to section 908.

2014, Law 20-0447, §2

§7-2509.04 - (2014) Duties of licensees
  1. A licensee shall:
    1. Notify the Chief in writing of the loss, theft, or destruction of the license (including the circumstances, if known) immediately upon discovery of such loss, theft, or destruction; and
    2. Notify the Chief in writing within 30 days of a change in the licensee's name or address as it appears on the license.
  2. A licensee shall have on or about his or her person each time the pistol is carried in the District of Columbia:
    1. The license; and
    2. The registration certificate for the pistol being carried, issued pursuant to this act.
  3. If a law enforcement officer initiates an investigative stop of a person carrying a concealed pistol pursuant to section 6 of the Pistols and Other Dangerous Weapons Act, the person, and any other licensee who is with the person at the time of the investigative stop, shall:
    1. Disclose to the officer that he or she is carrying a concealed pistol pursuant to section 6 of the Pistols and Other Dangerous Weapons Act;
    2. Present the license and registration certificate;
    3. Identify the location of the concealed pistol; and
    4. Comply with all lawful orders and directions from the officer, including allowing a pat down of his or her person and permitting the law enforcement officer to take possession of the pistol for so long as is necessary for the safety of the officer or the public.
  4. A licensee shall comply with all limits and conditions stated in the issuance of the license.
  5. The duties set forth in this section are in addition to any other requirements imposed by this act or applicable law.
  6. In addition to any other penalty provided by law, any person who violates subsection (c) of this section shall be subject to revocation of his or her license.

2014, Law 20-0447, §2

§7-2509.05 - (2014) Revocation of licenses
  1. The Chief may revoke a license upon a finding that the licensee no longer meets the standards and requirements of section 6 of the Pistols and Other Dangerous Weapons Act and this title, or as a penalty as specified in this act.
    1. The United States Attorney for the District of Columbia, the Attorney General for the District of Columbia, or any person may apply to the MPD at any time for revocation of a license.
    2. Any person having knowledge that a licensee no longer meets the requirements of this act or the requirements of section 6 of the Pistols and Other Dangerous Weapons Act may so notify the Chief or any other law enforcement officer who may take such action as may be appropriate.
  3. Any person whose license has been revoked may, within 15 days of notice of the revocation, appeal to the Concealed Pistol Licensing Review Board established pursuant to section 908.

2014, Law 20-0447, §2

§7-2509.06 - (2014) Carrying while impaired
  1. A licensee may not carry a pistol while impaired.
  2. In addition to any other penalty provided by law, any person who violates this section shall be subject to revocation of his or her license.
  3. Upon establishing reasonable suspicion that a licensee has been consuming drugs or alcohol, a licensee's failure to submit to one or more field sobriety, breathalyzer, or urine tests, administered to determine whether the licensee is impaired while carrying a pistol, shall be grounds for immediate revocation and seizure of the license.
  4. For the purposes of this section, the term "impaired" means a licensee has consumed alcohol or a drug or a combination thereof and that it has affected the licensee's behavior in a way that can be perceived or noticed.

2014, Law 20-0447, §2

§7-2509.07 - (2016) Prohibitions on carrying licensed pistols
  1. No person holding a license shall carry a pistol in the following locations or under the following circumstances:
    1. A building or office occupied by the District of Columbia, its agencies, or instrumentalities;
    2. The building and grounds, including any adjacent parking lot, of an childcare facility, preschool, public or private elementary or secondary school; or a public or private college or university;
    3. A hospital, or an office where medical or mental health services are the primary services provided;
    4. A penal institution, secure juvenile residential facility, or halfway house;
    5. A polling place while voting is occurring;
    6. A public transportation vehicle, including the Metrorail transit system and its stations;
    7. Any premises, or portion thereof, where alcohol is served, or sold and consumed on the premises, pursuant to a license issued under Title 25; provided, that this prohibition shall not apply to premises operating under a temporary license issued pursuant to § 25-115, a C/R, D/R, C/H, D/H or caterer license issued pursuant to § 25-113, or premises with small-sample tasting permits issued pursuant to § 25-118, unless otherwise prohibited pursuant to subsection (b)(3) of this section;
    8. A stadium or arena;
    9. A gathering or special event open to the public; provided, that no licensee shall be criminally prosecuted unless:
      1. The organizer or the District has provided notice prohibiting the carrying of pistols in advance of the gathering or special event and by posted signage at the gathering or special event; or
      2. The licensee has been ordered by a law enforcement officer to leave the area of the gathering or special event and the licensee has not complied with the order;
    10. The public memorials on the National Mall and along the Tidal Basin, and any area where firearms are prohibited under federal law or by a federal agency or entity, including U.S. Capitol buildings and grounds;
    11. The White House Complex and its grounds up to and including to the curb of the adjacent sidewalks touching the roadways of the area bounded by Constitution Avenue, N.W., 15th Street, N.W., H Street, N.W., and 17th Street, N.W.;
    12. The U.S. Naval Observatory and its fence line, including the area from the perimeter of its fence up to and including to the curb of the adjacent sidewalks touching the roadway of Observatory Circle, from Calvert Street, N.W., to Massachusetts Avenue, N.W., and around Observatory Circle to the far corner of Observatory Lane;
      1. When a dignitary or high-ranking official of the United States or a state, local, or foreign government is moving under the protection of the MPD, the U.S. Secret Service, the U.S. Capitol Police, or other law enforcement agency assisting or working in concert with MPD, within an area designated by the Chief, the Chief of the U.S. Secret Service, or the Chief of the U.S. Capitol Police, or a designee of any of the foregoing, that does not include any point at a distance greater than 1,000 feet from the moving dignitary or high-ranking official; provided, that no licensee shall be criminally prosecuted unless:
        1. The law enforcement agency provides notice of the designated area by the presence of signs, law enforcement vehicles or officers acting as a perimeter, or other means to make the designated area of protection obvious;
        2. The District or federal government has provided notice prohibiting the carrying of pistols along a designated route or in a designated area in advance of the event, if possible, and by posted signage along a route or in a designated area; or
        3. The licensee has been ordered by a law enforcement officer to leave the designated area and the licensee has not complied with the order.
      2. For the purposes of this paragraph, the term "moving" shall include any planned or unplanned stops, including temporary stops, in locations open to the public.
    14. When demonstration in a public place is occurring, within an area designated by the Chief or his or her designee, or other law enforcement agency, that does not include any point at a distance greater than 1,000 feet from the demonstration; provided, that no licensee shall be criminally prosecuted unless:
      1. The law enforcement agency provides notice of the designated area by the presence of signs, law enforcement vehicles or officers acting as a perimeter, or other means to make the designated area of the demonstration obvious;
      2. The District or federal government has provided notice prohibiting the carrying of pistols along or within a demonstration route or designated area in advance of the event, if possible, and by posted signage along a demonstration route or designated area; or
      3. The licensee has been ordered by a law enforcement officer to leave the designated area and the licensee has not complied with the order; or
    15. Any prohibited location or circumstance that the Chief determines by rule; provided, that for spontaneous circumstances, no criminal penalty shall apply unless the licensee has notice of the prohibition and has failed to comply.
    1. The carrying of a concealed pistol on private residential property shall be presumed to be prohibited unless otherwise authorized by the property owner or person in control of the premises and communicated personally to the licensee in advance of entry onto the residential property.
    2. The carrying of a concealed pistol in a church, synagogue, mosque, or other place where people regularly assemble for religious worship shall be presumed to be prohibited unless the property is posted with conspicuous signage allowing the carrying of a concealed pistol, or the owner or authorized agent communicates such allowance personally to the licensee in advance of entry onto the property; provided, that such places may not authorize the carrying of a concealed pistol where services are conducted in locations listed in subsection (a) of this section.
    3. The carrying of a concealed pistol on private property that is not a residence shall be presumed to be permitted unless the property is posted with conspicuous signage prohibiting the carrying of a concealed pistol, or the owner or authorized agent communicates such prohibition personally to the licensee.
  3. Whenever a licensee carries a concealed pistol and approaches any prohibited location, or is subject to any prohibited circumstance, under subsection (a) or (b) of this section, the licensee shall:
    1. If the licensee is in a vehicle or if a vehicle is readily available, immediately secure the pistol in the manner prescribed in § 22-4504.02(b); or
    2. If the licensee does not have a vehicle available, immediately leave the prohibited location or circumstance.
  4. A licensee shall not be in violation of this section:
    1. While he or she is traveling along a public sidewalk that touches the perimeter of any of the premises where the carrying of a concealed pistol is prohibited under subsection (a) and subsection (b) of this section, except for the areas designated in subsection (a)(11) and (a)(12), or along a public street, roadway, or highway if the concealed pistol is carried on his or her person in accordance with this unit, or is being transported by the licensee in accordance with § 22-4504.02; or
    2. While driving a vehicle into and immediately parking at any location listed in subsection (a)(2) of this section for the purpose of picking up or dropping off a student or a child; provided, that the licensee shall secure the concealed pistol in accordance with § 22-4504.02(b), before leaving the parked vehicle.
  5. A licensee shall not carry a pistol openly or otherwise in a manner that is not concealed.
  6. In addition to any other penalty provided by law, any person who violates this section shall be subject to revocation of his or her license.
  7. For the purposes of this section, the term:
    1. "Demonstration" means one or more persons demonstrating, picketing, speechmaking, marching, holding a vigil, or engaging in any other similar conduct that involves the communication or expression of views or grievances and that has the effect, intent, or propensity to attract a crowd or onlookers. The term "demonstration" does not include the casual use of property by visitors or tourists that does not have the effect, intent, or propensity to attract a crowd or onlookers.
    2. "Public place" means a place to which the general public has access and a right to occupy for business, entertainment, or other lawful purpose. The term "public place" is not limited to a place devoted solely to the uses of the public, and includes:
      1. The front or immediate area or parking lot of a store, restaurant, tavern, shopping center, or other place of business;
      2. A public building, including its grounds and curtilage;
      3. A public parking lot;
      4. A public street, sidewalk, or right-of-way;
      5. A public park; and
      6. Other public grounds.
    3. "Public transportation vehicle" means any publicly owned or operated commercial vehicle, including any DC Circulator bus, DC Streetcar, MetroAccess vehicle, Metrobus, or Metrorail train.
    4. "Residence" means a building wholly or partly used or intended to be used for living and sleeping by human occupants, together with any fences, walls, sheds, garages, or other accessory buildings appurtenant to the building, and the area of land surrounding the building and actually or by legal construction forming one enclosure in which such a building is located, but does not include adjacent common areas or commercial property contained in any part of the building.

HISTORY: (Sept. 24, 1976, D.C. Law 1-85, § 907, as added June 16, 2015, D.C. Law 20-279, § 2(f), 62 DCR 1944; June 30, 2016, D.C. Law 21-125, § 601, 63 DCR 4659.)

§7-2509.08 - (2014) Concealed Pistol Licensing Review Board
  1. There is established a Concealed Pistol Licensing Review Board ("Board") for the purpose of hearing appeals from:
    1. A denial of any application or renewal application for a license to carry a concealed pistol in the District pursuant to this act; or
    2. A revocation of a license to carry a concealed pistol.
  2. The Board's membership shall be comprised as follows:
    1. A mental health professional employed by the Department of Behavioral Health, appointed by the Mayor;
    2. A representative from the Office of the Attorney General for the District of Columbia, appointed by the Attorney General for the District of Columbia;
    3. A representative from the United States Attorney's Office for the District of Columbia ("USAO"), appointed by the United States Attorney for the District of Columbia. If the USAO declines to provide a representative, the Mayor shall appoint a person who is a former employee of the USAO;
    4. The Chief Judge of the Superior Court of the District of Columbia or his or her designee, or if the Chief Judge declines to serve or appoint a designee, a person appointed by the Mayor who is a retired judge of the Superior Court of the District of Columbia; and
    5. One public member appointed by the Mayor, who shall be a current or former sworn officer of a law enforcement agency other than the MPD.
  3. Each member shall serve a 4-year term.
  4. The initial terms shall begin on the date a majority of the members have been sworn in, which shall become the anniversary date for all subsequent appointments.
  5. A vacancy on the Board shall be filled in the same manner in which the original appointment was made.
  6. A Board member whose term has expired may continue to serve as a member until a replacement member has been appointed.
  7. A member appointed to replace a member who has resigned, dies, or is no longer able to serve (as determined by the Board) shall serve for the remainder of the unexpired term of the member being replaced.
  8. The Board shall elect a chairperson by majority vote on an annual basis.
  9. Three members of the Board shall constitute a quorum, except that the Board may only take official action when at least one of the following members is present:
    1. The representative from the Office of the Attorney General for the District of Columbia designated pursuant to subsection (b)(2) of this section;
    2. The representative from the United States Attorney's Office for the District of Columbia designated pursuant to subsection (b)(3) of this section; or
    3. he current or former sworn officer of a law enforcement agency other than the MPD representative designated pursuant to subsection (b)(5) of this section.
  10. Members shall serve without compensation, but shall receive actual and necessary expenses incurred in the performance of their official duties.
  11. The Mayor shall provide hearing facilities and administrative support for the Board from existing resources for the current fiscal year.
    1. Within 30 days after the date that a majority of the Board members are sworn in pursuant to subsection (d) of this section, the Mayor, by rule, shall establish hearing procedures for a contested case review of any appeal from a denial of an application or renewal application for a license or revocation of a license, including procedures for the Board to assign panels of 3 Board members to conduct such hearings pursuant to subsection (i) of this section.
    2. The rules shall include that the burden of production of evidence, and the burden of persuasion, at any hearing before the Board shall be upon the applicant or licensee that is challenging any denial of an application or renewal application or revocation of a license.
  13. The meetings and hearings conducted by the Board shall be confidential and not open to the public.

2014, Law 20-0447, §2

§7-2509.09 - Freedom of information exception; report
  1. Any record regarding a person who has applied for, received, or had revoked a license shall not be made available as a public record under § 2-532; provided, that aggregate data, excluding any personal identifying information, may be used for the purposes of the public report in subsection (b) of this section.
  2. Every 2 years, the MPD shall make public a report that includes the following information:
    1. The total number of valid licenses; and
    2. For the most recent 2-year period:
      1. The number of applications for a license received;
      2. The number of licenses issued;
      3. The number of licenses renewed, suspended, revoked, or denied;
      4. The number of licensees convicted of a crime involving a pistol, classified by type of crime;
      5. The number of pistols for which a license was issued that were reported lost or stolen; and
      6. The number of pistols for which a license was issued that were found or recovered as stolen that were unreported by a licensee as lost or stolen.

History: (Sept. 24, 1976, D.C. Law 1-85, § 909, as added June 16, 2015, D.C. Law 20-279, § 2(f), 62 DCR 1944.)

§7-2509.10 - (2014) Penalties
    1. Except as otherwise provided in this title, a person convicted of a violation of a provision of this title, or rules or regulations issued under the authority of this title, shall be fined not more than the amount set forth in section 101 of the Criminal Fine Proportionality Amendment Act of 2012, effective June 11, 2013 (D.C. Law 19-317; D.C. Official Code § 22-3571.01), or imprisoned for not more than 180 days.
    2. Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction of the provisions of this title, or any rules or regulations issued under the authority of this title.
  2. All prosecutions for violations of this title shall be brought in the name of the District of Columbia and prosecuted by the Office of the Attorney General for the District of Columbia.

2014, Law 20-0447, §2

§7-2509.11 - (2014) Rules
  1. The Chief of the Metropolitan Police Department, pursuant to Title I of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), shall, by October 22, 2014, issue rules to implement the provisions of the License to Carry a Pistol Emergency Amendment Act of 2014, passed on emergency basis on September 23, 2014 (Enrolled version of Bill 20-926), including rules:
    1. To establish criteria for determining when an applicant has, pursuant to section 6 of the Pistols and Other Dangerous Weapons Act:
      1. Demonstrated a good reason to fear injury to his or her person, which shall at a minimum require a showing of a special need for self-protection distinguishable from the general community as supported by evidence of specific threats or previous attacks which demonstrate a special danger to the applicant's life;
      2. Demonstrated any other proper reason for carrying a concealed pistol, which shall at a minimum include types of employment that require the handling of cash or other valuable objects that may be transported upon the applicant's person; and
      3. Demonstrated the applicant's suitability to carry a concealed pistol, which shall at a minimum include evidence that the applicant meets the requirements of section 902;
    2. To establish the type and amount of ammunition that may be carried concealed by a licensee;
    3. To establish the methods by which a pistol may be carried, including any standards for safe holstering;
    4. To establish all application forms, investigation procedures, background checks, and fees necessary to process an application for a license to carry a concealed pistol;
    5. To specify any procedures or requirements specific to non-residents who apply to carry a concealed pistol pursuant to section 6 of the Pistols and Other Dangerous Weapons Act, with regard to the registration requirements in this act;
    6. To specify requirements for signage on any private premises where the owner or person in control of the premises prohibits carrying concealed pistols, pursuant tosection 907(b); and
    7. To establish procedures for the renewal of licenses.

2014, Law 20-0447, §2

Unit B - Strict Liability for Illegal Sale and Distribution of Firearms

§7-2531.01 - Definitions

For the purposes of this unit, the term:

  1. "Dealer" means:
    1. Any person engaged in the business of selling firearms at wholesale or retail;
    2. Any person engaged in the business of repairing firearms or of making or fitting special barrels, stocks, or trigger mechanisms to firearms; or
    3. Any person who is a pawnbroker who takes or receives by way of pledge or pawn, any firearm as security for the payment or repayment of money.
  2. "Engaged in the business" means:
    1. A person who devotes time, attention, and labor to dealing in firearms as a regular course of trade or business with the principal objective of livelihood and profit through the repetitive purchase and resale of firearms. The term "engaged in business" shall not include a person who makes occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or for a hobby, or who sells all or part of this personal collection of firearms; or
    2. A person who devotes time, attention, and labor to importing firearms as a regular course of trade or business with the principal objective of livelihood and profit through the sale or distribution of the firearms imported.
  3. "Firearm" shall have the same meaning as in §7-2501.01(9).
  4. "Illegal sale" means:
    1. Failure to establish proof of the purchaser's residence in a jurisdiction where the purchase of the weapon is legal or ignoring proof of the purchaser's residence in the District of Columbia;
    2. Failure to comply with District of Columbia registration and waiting requirements prior to delivery of the firearm to the purchaser when proof of District of Columbia residence is provided;
    3. Failure to maintain full, complete, and accurate records of firearm sales as required by local, state, and federal law; or
    4. Knowingly and willfully maintaining false records with the intent to misrepresent the name and address of persons purchasing firearms, or the type of firearm sold to those persons.
  5. "Importer" means any person engaged in the business of importing or bringing firearms or ammunition into the United States for purposes of sale or distribution.
  6. "Law enforcement agency" means a federal, state, or local law enforcement agency, state militia, or an agency of the United States government.
  7. "Law enforcement officer" means any employee or agent of a law enforcement agency who is authorized to use a firearm in the course of employment.
  8. "Manufacturer" means any person in business to manufacture or assemble a firearm or ammunition for sale or distribution.
  9. "Pawnbroker" means any person whose business or occupation includes the taking or receiving, by way of pledge or pawn, of any firearm as security for the payment or repayment of money.

History:

(June 11, 1992, D.C. Law 9-115, §2, 39 DCR 3182.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications
1981 Ed., §6-2381.
Legislative History of Laws
Law 9-115, the "Illegal Firearm Sale and Distribution Strict Liability Act of 1992," was introduced in Council and assigned Bill No. 9-87, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on March 3, 1992, and April 7, 1992, respectively. Signed by the Mayor on April 24, 1992, it was assigned Act No. 9-189 and transmitted to both Houses of Congress for its review. D.C. Law 9-115 became effective on June 11, 1992.
Delegation of Authority
Delegation of authority pursuant to D.C. Law 9-115, the "Illegal Firearm Sale and Distribution Strict Liability Act of 1992", see Mayor's Order 94-72, March 15, 1994 (41 DCR 1571).
Miscellaneous Notes
Application of Law 9-115: Section 7 of D.C. Law 9-115 provided that the act shall only apply to the discharge of a firearm in the District of Columbia that is sold, loaned, leased, or rented after the effective date of this act.
Mayor authorized to issue rules: Section 6 of D.C. Law 9-115 provided that the Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to implement the provisions of the act.

§7-2531.02 - Liability
  1. Any manufacturer, importer, or dealer of a firearm who can be shown by a preponderance of the evidence to have knowingly and willfully engaged in the illegal sale of a firearm shall be held strictly liable in tort, without regard to fault and without regard to either: (1) an intent to interfere with a legally protected interest; or (2) a breach of duty to exercise reasonable care, for all direct and consequential damages that arise from bodily injury or death if the bodily injury or death proximately results from the discharge of the firearm in the District of Columbia, regardless of whether or not the person operating the firearm is the original, illegal purchaser.
  2. Any individual who can be shown by a preponderance of the evidence to have knowingly and willfully engaged in the illegal sale, loan, lease, or rental of a firearm for money or anything of value shall be held strictly liable in tort, without regard to fault and without regard to either: (1) an intent to interfere with a legally protected interest; or (2) a breach of duty to exercise reasonable care, for all direct and consequential damages that arise from bodily injury or death if the bodily injury or death proximately results from the discharge of the firearm in the District of Columbia regardless of whether or not the person operating the firearm is the original, illegal purchaser.
  3. Nothing in this unit shall relieve from liability any person who commits a crime, is negligent, or who might otherwise be liable for acts committed with the firearm.

History:

(June 11, 1992, D.C. Law 9-115, §3, 39 DCR 3182.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications
1981 Ed., §6-2382.
Legislative History of Laws
For legislative history of D.C. Law 9-115, see Historical and Statutory Notes following §7-2531.01.
Miscellaneous Notes
Application of Law 9-115: See Historical and Statutory Notes following §7-2531.01.

§7-2531.03 - Exemptions
  1. No firearm originally distributed to a law enforcement agency or a law enforcement officer shall provide the basis for liability under this unit.
  2. No action may be brought pursuant to this unit by a person who can be shown by a preponderance of the evidence to have committed a self-inflicted injury or by a person injured by a firearm while committing a crime, attempting to commit a crime, engaged in criminal activity, or engaged in a delinquent act.
  3. No action may be brought pursuant to this unit by a person who can be shown by a preponderance of the evidence to be engaged in the sale or distribution of illegal narcotics.
  4. No action may be brought pursuant to this unit by a person who either: (1) assumed the risk of the injury that occurred; or (2) negligently contributed to the injury that occurred.

History:

(June 11, 1992, D.C. Law 9-115, §4, 39 DCR 3182.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications
1981 Ed., §6-2383.
Legislative History of Laws
For legislative history of D.C. Law 9-115, see Historical and Statutory Notes following §7-2531.01.
Miscellaneous Notes
Application of Law 9-115: See Historical and Statutory Notes following §7-2531.01.

§7-2531.04 - Firearms Bounty Fund
  1. There is established a fund to be known as the Firearms Bounty Fund ("Fund") to be administered by the Metropolitan Police Department. The Fund shall be operated as a proprietary fund and shall consist of monies appropriated to the Fund, federal grants to the Fund, or private monies donated to the Fund.
  2. Disbursements from the Fund shall be used exclusively for the payment of cash rewards to persons who provide District of Columbia law enforcement agencies with tips that lead to the adjudication or conviction of:
    1. A person or entity engaged in the illegal sale, rental, lease, or loan of a firearm in exchange for money or other thing of value; or
    2. A person who has committed a crime with a firearm.
  3. The amount of each cash reward shall be determined at the discretion of the Chief of the Metropolitan Police Department and the cash reward may range up to $100,000 per tip.
  4. The Chief of the Metropolitan Police Department shall report annually to the Mayor and Council all income and expenditures of the Fund.
  5. The Mayor, by a proposed notice to the Council, may terminate the Fund if the Mayor determines that the Fund is no longer necessary to pay cash rewards.
  6. If monies exist in the Fund at the time of its termination, the monies shall be deposited in the General Fund of the District of Columbia.
  7. The proposed notice to terminate the Fund shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove by resolution within the 45-day review period, the proposed notice to terminate the Fund shall be deemed approved.

History:

(June 11, 1992, D.C. Law 9-115, §5, 39 DCR 3182.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications
1981 Ed., §6-2384.
Legislative History of Laws
For legislative history of D.C. Law 9-115, see Historical and Statutory Notes following §7-2531.01.
Miscellaneous Notes
Application of Law 9-115: See Historical and Statutory Notes following §7-2531.01.

Unit C. - Assault Weapons Manufacturing Strict Liability.

§7-2551.01 - Definitions

For the purposes of this unit, the term:

  1. "Assault weapon" shall have the same meaning as provided in §7-2501.01(3A).
  2. "Handgun" means a firearm with a barrel less than 12 inches in length at the time of manufacture.
  3. "Dealer" and "importer" shall have the same meaning as in 18 U.S.C. §921.
  4. "Machine gun" shall have the same meaning as in paragraph (10) of §7-2501.01.
  5. "Manufacturer" means any person in business to manufacture or assemble a firearm or ammunition for sale or distribution.
  6. "Law enforcement agency" means a federal, state, or local law enforcement agency, state militia, or an agency of the United States government.
  7. "Law enforcement officer" means any officer or agent of an agency defined in paragraph (6) of this section who is authorized to use a handgun or machine gun in the course of his or her work.

History:

(Mar. 6, 1991, D.C. Law 8-263, §3, 37 DCR 8482; Mar. 31, 2009, D.C. Law 17-372, §4, 56 DCR 1365.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications
1981 Ed., §6-2391.
Effect of Amendments
D.C. Law 17-372 rewrote par. (1) which had read as follows:
"(1) ‘Assault weapon' includes the following weapons:
"(A) Norinco, Mitchell, and Poly Technologies Avtomat Kalashnikovs (all models);
"(B) Action Arms Israeli Military Industries UZI and Galil;
"(C) Beretta AR-70 (SC-70);
"(D) Colt AR-15 and CAR-15;
"(E) Fabrique Nationale FN/FAL, FN/LAR, and FNC;
"(F) MAC 10 and MAC 11;
"(G) Steyr AUG;
"(H) INTRATEC TEC-9; and
"(I) Street Sweeper and Striker 12."
Temporary Amendments of Section
Repeal and revival of Law 8-263: D.C. Law 8-263 was temporarily repealed by Emergency Act 9-1, §2, the Assault Weapon Manufacturing Strict Liability Act of 1990 Emergency Repealer Act of 1991 (D.C. Act 9-1, February 15, 1991, 38 DCR 1457). Section 2 of D.C. Law 9-3 temporarily repealed D.C. Law 8-263. Section 3(b) of D.C. Law 9-3 provided that the act shall expire on the 225th day of its having taken effect or upon the effective date of the Assault Weapon Manufacturing Strict Liability Act of 1990 Repealer Act of 1991, whichever occurs first.
Emergency Act Amendments
For temporary (90 day) amendment of section, see §4 of Firearms Registration Emergency Amendment Act of 2008 (D.C. Act 17-651, January 6, 2009, 56 DCR 911).
Legislative History of Laws
Law 8-263, the "Assault Weapon Manufacturing Strict Liability Act of 1990," was introduced in Council and assigned Bill No. 8-132, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on June 27, 1989, and December 11, 1990, respectively. Signed by the Mayor on December 17, 1990, it was assigned Act No. 8-289 and transmitted to both Houses of Congress for its review. D.C. Law 8-263 became effective March 6, 1991.
For Law 17-372, see notes following §7-2501.01.
Effective Dates
Pursuant to the Court's holding in Bliley v. Kelly, 23 F.3d 507 (D.C.Cir.1994), the Congressional review period for the Assault Weapon Manufacturing Strict Liability Act of 1990, began to run on November 19, 1991, and the act took effect on February 29, 1992.
Miscellaneous Notes
Repeal of Act 9-32: D.C. Act 9-32, the Assault Weapon Manufacturing Strict Liability Act of 1990 Repealer Act of 1991, May 17, 1991, 38 DCR 3380, was repealed by Referendum 006, certified by the Board of Elections and Ethics November 18, 1991.
Application of Law 8-263: Section 6 of D.C. Law 8-263, as amended by §3(b) of D.C. Law 10-194, provided that the act shall apply only to the discharge of an assault weapon that is manufactured, imported, or distributed after Mar. 6, 1991, and to the discharge of a machine gun that is manufactured, imported, or distributed after Oct. 7, 1994.
Findings of Council: Section 2 of D.C. Law 8-263 provided findings of Council.

§7-2551.02 - Liability

Any manufacturer, importer, or dealer of an assault weapon or machine gun shall be held strictly liable in tort, without regard to fault or proof of defect, for all direct and consequential damages that arise from bodily injury or death if the bodily injury or death proximately results from the discharge of the assault weapon or machine gun in the District of Columbia.

History:

(Mar. 6, 1991, D.C. Law 8-263, §4, 37 DCR 8482; Oct. 7, 1994, D.C. Law 10-194, §3(a), 41 DCR 4283.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications
1981 Ed., §6-2392.
Legislative History of Laws
For legislative history of D.C. Law 8-263, see Historical and Statutory Notes following §7-2551.01.
Law 10-194, the "Repeat Offender Life Without Parole Amendment Act of 1994," was introduced in Council and assigned Bill No. 10-478, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on June 7, 1994, and June 21, 1994, respectively. Signed by the Mayor on June 21, 1994, it was assigned Act No. 10-254 and transmitted to both Houses of Congress for its review. D.C. Law 10-194 became effective on October 7, 1994.
Effective Dates
Pursuant to the Court's holding in Bliley v. Kelly, 23 F.3d 507 (D.C.Cir.1994), the Congressional review period for the Assault Weapon Manufacturing Strict Liability Act of 1990, began to run on November 19, 1991, and the act took effect on February 29, 1992.
Miscellaneous Notes
Application of Law 8-263: See Historical and Statutory Notes following §7-2551.01.

§7-2551.03 - Exemptions
  1. No assault weapon originally distributed to a law enforcement agency or a law enforcement officer shall provide the basis for liability under this unit.
  2. No action may be brought pursuant to this unit by a person injured by an assault weapon while committing a crime.
  3. This section shall not operate to limit in scope any cause of action, other than that provided by this unit, available to a person injured by an assault weapon.
  4. Any defense that is available in a strict liability action shall be available as a defense under this unit.
  5. Recovery shall not be allowed under this unit for a self-inflicted injury that results from a reckless, wanton, or willful discharge of an assault weapon.

History:

(Mar. 6, 1991, D.C. Law 8-263, §5, 37 DCR 8482.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications
1981 Ed., §6-2393.
Legislative History of Laws
For legislative history of D.C. Law 8-263, see Historical and Statutory Notes following §7-2551.01.
Effective Dates
Pursuant to the Court's holding in Bliley v. Kelly, 23 F.3d 507 (D.C.Cir.1994), the Congressional review period for the Assault Weapon Manufacturing Strict Liability Act of 1990, began to run on November 19, 1991, and the act took effect on February 29, 1992.
Miscellaneous Notes
Application of Law 8-263: See Historical and Statutory Notes following §7-2551.01.

DIVISION IV - CRIMINAL LAW AND PROCEDURE AND PRISONERS

TITLE 22 - CRIMINAL OFFENSES AND PENALTIES

SUBTITLE I - CRIMINAL OFFENSES

CHAPTER 25a - Presence In A Motor Vehicle Containing A Firearm

§22-2511 - Presence in a motor vehicle containing a firearm
  1. It is unlawful for a person to be voluntarily in a motor vehicle if that person knows that a firearm is in the vehicle, unless the firearm is being lawfully carried or lawfully transported.
  2. It shall be an affirmative defense to this offense, which the defendant must prove by a preponderance of the evidence, that the defendant, upon learning that a firearm was in the vehicle, had the specific intent to immediately leave the vehicle, but did not have a reasonable opportunity under the circumstances to do so.
    1. Except as provided in paragraph (2) of this subsection, a person who violates this section shall be fined not more than and, in addition, may be fined not more than the amount set forth in §22-3571.01, imprisoned for not more than 5 years, or both.
    2. If the violation of this section occurs after a person has been convicted in the District of Columbia of a violation of §22-4504(a), or of a felony, either in the District of Columbia or another jurisdiction, the person shall be fined not more than and, in addition, may be fined not more than the amount set forth in §22-3571.01, imprisoned for not more than 10 years, or both.
    3. No person shall be sentenced consecutively for this offense and any other firearms offense arising out of the same incident. Any conviction under this section and any conviction for carrying or possessing the same firearm on the same occasion shall be considered as one conviction for purposes of any application of repeat offender sentencing provisions.

History:
(Dec. 10, 2009, D.C. Law 18-88, §101, 56 DCR 7413; June 11, 2013, D.C. Law 19-317, §213(a), 60 DCR 2064.)

Effect of amendments.
The 2013 amendment by D.C. Law 19-317 substituted "not more than the amount set forth in §22-3571.01" for "not more than $ 5,000" in (c)(1), and for "$ 10,000" in (c)(2).

Emergency legislation.
For temporary (90 day) addition, see §101 of Omnibus Public Safety and Justice Emergency Amendment Act of 2009 (D.C. Act 18-181, August 6, 2009, 56 DCR 6903).

For temporary (90 day) addition, see §101 of Omnibus Public Safety and Justice Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-227, October 21, 2009, 56 DCR 8668).

For temporary (90 days) amendment of this section, see §213(a) of the Criminal Fine Proportionality Emergency Act of 2013 (D.C. Act 20-45, April 1, 2013, 60 DCR 5400, 20 DCSTAT 1300).

HISTORICAL AND STATUTORY NOTES

Emergency Act Amendments
For temporary (90 day) addition, see §101 of Omnibus Public Safety and Justice Emergency Amendment Act of 2009 (D.C. Act 18-181, August 6, 2009, 56 DCR 6903).
For temporary (90 day) addition, see §101 of Omnibus Public Safety and Justice Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-227, October 21, 2009, 56 DCR 8668).
Legislative History of Laws
Law 18-88, the "Omnibus Public Safety and Justice Amendment Act of 2009", as introduced in Council and assigned Bill No. 18-151, which was referred to the Committee on Public Safety and the Judiciary. The bill as adopted on first and second readings on June 30, 2009, and July 31, 2009, respectively. Signed by the Mayor on August 26, 2009, it was assigned Act No. 18-189 and transmitted to both Houses of Congress for its review. D.C. Law 18-88 became effective on December 10, 2009.

SUBTITLE VI - REGULATION AND POSSESSION OF WEAPONS

CHAPTER 45 - Weapons and Possession of Weapons

§22-4501 - Definitions

For the purposes of this chapter, the term:

  1. "Crime of violence" shall have the same meaning as provided in §23-1331(4).
  2. "Dangerous crime" means distribution of or possession with intent to distribute a controlled substance. For the purposes of this definition, the term "controlled substance" means any substance defined as such in the District of Columbia Official Code or any Act of Congress.

    2A. "Firearm" means any weapon, regardless of operability, which will, or is designed or redesigned, made or remade, readily converted, restored, or repaired, or is intended to, expel a projectile or projectiles by the action of an explosive. The term "firearm" shall not include:

    1. A destructive device as that term is defined in §7-2501.01(7);
    2. A device used exclusively for line throwing, signaling, or safety, and required or recommended by the Coast Guard or Interstate Commerce Commission; or
    3. A device used exclusively for firing explosive rivets, stud cartridges, or similar industrial ammunition and incapable for use as a weapon.
  3. "Knuckles" means an object, whether made of metal, wood, plastic, or other similarly durable material that is constructed of one piece, the outside part of which is designed to fit over and cover the fingers on a hand and the inside part of which is designed to be gripped by the fist.
  4. "Machine gun" shall have the same meaning as provided in §7-2501.01(10).
  5. "Person" includes individual, firm, association, or corporation.
  6. "Pistol" shall have the same meaning as provided in §7-2501.01(12)).

    6A. "Place of business" shall have the same meaning as provided in §7-2501.01(12A).

  7. "Playground" means any facility intended for recreation, open to the public, and with any portion of the facility that contains one or more separate apparatus intended for the recreation of children, including, but not limited to, sliding boards, swingsets, and teeterboards.

    7A. "Registrant" means a person who has registered a firearm pursuant to Unit A of Chapter 25 of Title 7.

  8. "Sawed-off shotgun" shall have the same meaning as provided in §7-2501.01(15).
  9. "Sell" and "purchase" and the various derivatives of such words shall be construed to include letting on hire, giving, lending, borrowing, and otherwise transferring.

    9A. "Shotgun" shall have the same meaning as provided in §7-2501.01(16).

  10. "Video arcade" means any facility legally accessible to persons under 18 years of age, intended primarily for the use of pinball and video machines for amusement, and which contains a minimum of 10 pinball or video machines.
  11. "Youth center" means any recreational facility or gymnasium (including any parking lot appurtenant thereto), intended primarily for use by persons under 18 years of age, which regularly provides athletic, civic, or cultural activities.

History:

(July 8, 1932, 47 Stat. 650, ch. 465, §1; Dec. 27, 1967, 81 Stat. 736, Pub. L. 90-226, title V, §501; Dec. 1, 1982, D.C. Law 4-164, §601(e), 29 DCR 3976; July 28, 1989, D.C. Law 8-19, §3(a), 36 DCR 2844; May 8, 1990, D.C. Law 8-120, §3(a), 37 DCR 24; Aug. 18, 1994, D.C. Law 10-150, §3(a), 41 DCR 2594; Aug. 20, 1994, D.C. Law 10-151, §109, 41 DCR 2608; May 23, 1995, D.C. Law 10-257, §401(c), 42 DCR 53; May 17, 1996, D.C. Law 11-119, §4, 43 DCR 528; June 3, 1997, D.C. Law 11-275, §8, 44 DCR 1408; June 8, 2001, D.C. Law 13-300, §3, 47 DCR 7037; Oct. 17, 2002, D.C. Law 14-194, §155, 49 DCR 5306; Apr. 24, 2007, D.C. Law 16-306, §223(a), 53 DCR 8610; May 15, 2009, D.C. Law 17-390, §3(a), 55 DCR 11030; May 20, 2009, D.C. Law 17-388, §2(a), 56 DCR 1162; Sept. 26, 2012, D.C. Law 19-170, §3(a), 59 DCR 5691.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications
1981 Ed., §22-3201.
1973 Ed., §22-3201.
Effect of Amendments
D.C. Law 13-300, in subsec. (g), deleted ", if the offense is punishable by imprisonment for more than 1 year" following "controlled substance" in the first sentence.
D.C. Law 14-194, in subsec. (f), substituted "manslaughter, an act of terrorism, manufacture or possession of a weapon of mass destruction, use, dissemination, or detonation of a weapon of mass destruction," for "manslaughter,".
D.C. Law 16-306 rewrote subsec. (f), which had read as follows:
"(f) ‘Crime of violence', as used in this chapter, means any of the following crimes, or an attempt to commit any of the same, namely: Murder, manslaughter, an act of terrorism, manufacture or possession of a weapon of mass destruction, use, dissemination, or detonation of a weapon of mass destruction, first degree sexual abuse, second degree sexual abuse, or child sexual abuse, mayhem, maliciously disfiguring another, abduction, kidnapping, burglary, robbery, housebreaking, any assault with intent to kill, commit first degree sexual abuse, second degree sexual abuse, or child sexual abuse, or robbery, assault with a dangerous weapon, assault with intent to commit any offense punishable by imprisonment in the penitentiary, arson, or extortion or blackmail accompanied by threats of violence or aggravated assault."
D.C. Law 17-390 rewrote the section, which had read as follows:
"(a) ‘Pistol,' as used in this chapter, means any firearm with a barrel less than 12 inches in length.
"(b) ‘Sawed-off shotgun,' as used in this chapter, means any shotgun with a barrel less than 20 inches in length.
"(c) ‘Machine gun,' as used in this chapter, means any firearm which shoots automatically or semiautomatically more than 12 shots without reloading.
"(d) ‘Person,' as used in this chapter, includes individual, firm, association, or corporation.
"(e) ‘Sell' and ‘purchase' and the various derivatives of such words, as used in this chapter, shall be construed to include letting on hire, giving, lending, borrowing, and otherwise transferring.
"(f) ‘Crime of violence' as used in this chapter have the same meaning as provided in §23-1331(4).
"(g) ‘Dangerous crime,' as used in this chapter, means distribution of or possession with intent to distribute a controlled substance. For the purposes of this definition, the term ‘controlled substance' means any substance defined as such in the District of Columbia Official Code or any Act of Congress.
"(h) ‘Playground,' as used in this chapter, means any facility intended for recreation, open to the public, and with any portion of the facility that contains 1 or more separate apparatus intended for the recreation of children, including, but not limited to, sliding boards, swingsets, and teeterboards.
"(i) ‘Video arcade,' as used in this chapter, means any facility legally accessible to persons under 18 years of age, intended primarily for the use of pinball and video machines for amusement, and which contains a minimum of 10 pinball or video machines.
"(j) ‘Youth center,' as used in this chapter, means any recreational facility or gymnasium (including any parking lot appurtenant thereto), intended primarily for use by persons under 18 years of age, which regularly provides athletic, civic, or cultural activities."
D.C. Law 17-388 added pars. (2A), (6A), (7A), and (9A); and rewrote pars. (4), (6), and (8), which read as follows:
"(4) ‘Machine gun' means any firearm which shoots automatically or semiautomatically more than 12 shots without reloading."
"(6) ‘Pistol,' means any firearm with a barrel less than 12 inches in length."
"(8) ‘Sawed-off shotgun' means any shotgun with a barrel less than 20 inches in length.
D.C. Law 19-170, in par. (2A), redesignated subpars. (1), (2), and (3) as subpars. (A), (B), and (C).
Emergency Act Amendments
For temporary amendment of section, see §109 of the Omnibus Criminal Justice Reform Emergency Amendment Act of 1994 (D.C. Act 10-255, June 22, 1994, 41 DCR 4286).
For temporary (90 day) amendment of section, see §223(a) of Omnibus Public Safety Emergency Amendment Act of 2006 (D.C. Act 16-445, July 19, 2006, 53 DCR 6443).
For temporary (90 day) amendment of section, see §223(a) of Omnibus Public Safety Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-490, October 18, 2006, 53 DCR 8686).
For temporary (90 day) amendment of section, see §223(a) of Omnibus Public Safety Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-10, January 16, 2007, 54 DCR 1479).
For temporary (90 day) amendment of section, see §223(a) of Omnibus Public Safety Second Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-25, April 19, 2007, 54 DCR 4036).
For temporary (90 day) amendment of section, see §3(a) of Second Firearms Control Emergency Amendment Act of 2008 (D.C. Act 17-502, September 16, 2008, 55 DCR 9904).
For temporary (90 day) amendment of section, see §3(a) and (4) of Second Firearms Control Congressional Review Emergency Amendment Act of 2008 (D.C. Act 17-601, December 12, 2008, 56 DCR 9).
For temporary (90 day) amendment of section, see §2(a) of Inoperable Pistol Emergency Amendment Act of 2008 (D.C. Act 17-652, January 6, 2009, 56 DCR 927).
For temporary (90 day) amendment of section, see §2(a) of Inoperable Pistol Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-24, March 16, 2009, 56 DCR 2309).
For temporary (90 day) amendment of section, see §302(a) of Crime Bill Emergency Amendment Act of 2009 (D.C. Act 18-129, June 29, 2009, 56 DCR 5495).
For temporary (90 day) amendment of section, see §3(a) of Firearms Emergency Amendment Act of 2012 (D.C. Act 19-352, May 11, 2012, 59 DCR 5116).
For temporary (90 day) amendment of section, see §3(a) of the Firearms Amendments Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-394, July 18, 2012, 59 DCR 8694).
For temporary (90 day) amendment of section, see §3(a) of the Firearms Second Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-510, October 26, 2012, 59 DCR 12808).
Legislative History of Laws
Law 4-164, the "District of Columbia Theft and White Collar Crimes Act of 1982," was introduced in Council and assigned Bill No. 4-133, which was referred to the Committee on the Judiciary. The Bill was adopted on first, amended first and second readings on June 22, 1982, July 6, 1982, and July 20, 1982, respectively. Signed by the Mayor on August 4, 1982, it was assigned Act No. 4-238 and transmitted to both Houses of Congress for its review.
Law 8-19, the "Law Enforcement Temporary Amendment Act of 1989," was introduced in Council and assigned Bill No. 8-184, which was retained by CounciL. The Bill was adopted on first and second readings on March 7, 1989 and April 4, 1989, respectively. Signed by the Mayor on April 17, 1989, it was assigned Act No. 8-22 and transmitted to both Houses of Congress for its review.
Law 8-120, the "Law Enforcement Amendment Act of 1989," was introduced in Council and assigned Bill No. 8-185, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on December 5, 1989 and December 19, 1989, respectively. Signed by the Mayor on December 21, 1989, it was assigned Act No. 8-129 and transmitted to both Houses of Congress for its review.
For legislative history of D.C. Law 10-150, see Historical and Statutory Notes following §22-4502.01.
Law 10-151, the "Omnibus Criminal Justice Reform Amendment Act of 1994," was introduced in Council and assigned Bill No. 10-98, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on March 29, 1994, and April 12, 1994, respectively. Signed by the Mayor on May 4, 1994, it was assigned Act No. 10-238 and transmitted to both Houses of Congress for its review. D.C. Law 10-151 became effective on August 20, 1994.
Law 10-257, the "Anti-Sexual Abuse Act of 1994," was introduced in Council and assigned Bill No. 10-87, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on November 1, 1994, and December 6, 1994, respectively. Signed by the Mayor on December 28, 1994, it was assigned Act No. 10-385 and transmitted to both Houses of Congress for its review. D.C. Law 10-257 became effective May 23, 1995.
Law 11-119, the "Criminal Code Technical Amendments Act of 1996," was introduced in Council and assigned Bill No. 11-484, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on December 5, 1995, and January 4, 1996, respectively. Signed by the Mayor on January 26, 1996, it was assigned Act No. 11-198 and transmitted to both Houses of Congress for its review. D.C. Law 11-119 became effective May 17, 1996.
Law 11-275, the "Second Criminal Code Technical Amendments Act of 1996," was introduced in Council and assigned Bill No. 11-909, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on November 7, 1996, and December 3, 1996, respectively. Signed by the Mayor on December 24, 1996, it was assigned Act No. 11-520 and transmitted to both Houses of Congress for its review. D.C. Law 11-275 became effective on June 3, 1997.
Law 13-300, the "Distribution of Marijuana Amendment Act of 2000", was introduced in Council and assigned Bill No. 13-240, which was referred to the Committee of the Judiciary. The Bill was adopted on first and second readings on June 26, 2000, and July 11, 2000, respectively. Signed by the Mayor on July 27, 2000, it was assigned Act No. 13-395 and transmitted to both Houses of Congress for its review. D.C. Law 13-300 became effective on June 8, 2001.
For Law 14-194, see notes following §22-4151.
For Law 16-306, see notes following §22-3302.
For Law 17-390, see notes following §22-3312.02.
Law 17-388, the "Inoperable Pistol Amendment Act of 2008", was introduced in Council and assigned Bill No. 17-593 which was referred to the Committee on Public Safety and the Judiciary. The Bill was adopted on first and second readings on December 2, 2008, and December 16, 2008, respectively. Signed by the Mayor on January 16, 2009, it was assigned Act No. 17-690 and transmitted to both Houses of Congress for its review. D.C. Law 17-388 became effective on May 20, 2009.
Law 19-170, the "Firearms Amendment Act of 2012", was introduced in Council and assigned Bill No. 19-614, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on March 6, 2012, and April 17, 2012, respectively. Signed by the Mayor on May 15, 2012, it was assigned Act No. 19-366 and transmitted to both Houses of Congress for its review. D.C. Law 19-170 became effective on September 26, 2012.

§22-4502 - Additional penalty for committing crime when armed
  1. Any person who commits a crime of violence, or a dangerous crime in the District of Columbia when armed with or having readily available any pistol or other firearm (or imitation thereof) or other dangerous or deadly weapon (including a sawed-off shotgun, shotgun, machine gun, rifle, dirk, bowie knife, butcher knife, switchblade knife, razor, blackjack, billy, or metallic or other false knuckles):
    1. May, if such person is convicted for the first time of having so committed a crime of violence, or a dangerous crime in the District of Columbia, be sentenced, in addition to the penalty provided for such crime, to a period of imprisonment which may be up to, and including, 30 years for all offenses except first degree murder while armed, second degree murder while armed, first degree sexual abuse while armed, and first degree child sexual abuse while armed, and shall, if convicted of such offenses while armed with any pistol or firearm, be imprisoned for a mandatory-minimum term of not less than 5 years; and
    2. Shall, if such person is convicted more than once of having so committed a crime of violence, or a dangerous crime in the District of Columbia, or an offense in any other jurisdiction that would constitute a crime of violence or dangerous crime if committed in the District of Columbia, be sentenced, in addition to the penalty provided for such crime, to a period of imprisonment of not less than 5 years and, except for first degree murder while armed, second degree murder while armed, first degree sexual abuse while armed and first degree child sexual abuse while armed, not more than 30 years, and shall, if convicted of such second offense while armed with any pistol or firearm, be imprisoned for a mandatory-minimum term of not less than 10 years.
    3. Shall, if such person is convicted of first degree murder while armed, second degree murder while armed, first degree sexual abuse while armed, or first degree child sexual abuse while armed, be sentenced, in addition to the penalty provided for such crime, to a period of imprisonment of not less than the minimum and mandatory minimum sentences required by subsections (a)(l), (a)(2), (c) and (e) of this section and §22-2104, and not more than life imprisonment or life imprisonment without possibility of release as authorized by §24-403.01(b-2); §22-2104; §22-2104.01; and §22-3002, 22-3008, and 22-3020.
    4. For purposes of imprisonment following revocation of release authorized by §24-403.01(b)(7), the offenses defined by this section are Class A felonies.
  2. Repealed.
  3. Any person sentenced pursuant to paragraph (1), (2), or (3) of subsection (a) above for a conviction of a crime of violence or a dangerous crime while armed with any pistol or firearm, shall serve a mandatory-minimum term of 5 years, if sentenced pursuant to paragraph (1) of subsection (a) of this section, or 10 years, if sentenced pursuant to paragraph (2) of subsection (a) of this section, and such person shall not be released, granted probation, or granted suspension of sentence, prior to serving such mandatory-minimum sentence.
  4. Repealed.
    1. Subchapter I of Chapter 9 of Title 24 shall not apply with respect to any person sentenced under paragraph (2) of subsection (a) of this section or to any person convicted more than once of having committed a crime of violence or a dangerous crime in the District of Columbia sentenced under subsection (a)(3) of this section..
    2. The execution or imposition of any term of imprisonment imposed under paragraph (2) or (3) of subsection (a) of this section may not be suspended and probation may not be granted.
  6. Nothing contained in this section shall be construed as reducing any sentence otherwise imposed or authorized to be imposed.
  7. No conviction with respect to which a person has been pardoned on the ground of innocence shall be taken into account in applying this section.

History:

(July 8, 1932, 47 Stat. 560, ch. 465, §2; Dec. 27, 1967, 81 Stat. 737, Pub. L. 90-226, title VI, §605; July 29, 1970, 84 Stat. 600, Pub. L. 91-358, title II, §205; Mar. 9, 1983, D.C. Law 4-166, §3-7, 30 DCR 1082; Dec. 7, 1985, D.C. Law 6-69, §9, 32 DCR 4587; July 28, 1989, D.C. Law 8-19, §3(b), 36 DCR 2844; May 8, 1990, D.C. Law 8-120, §3(b), 37 DCR 24; May 21, 1994, D.C. Law 10-119, §15(a), 41 DCR 1639; June 8, 2001, D.C. Law 13-302, §6(a), 47 DCR 7249; June 19, 2001, D.C. Law 13-313, §21(b)(1), (2), 48 DCR 1873; Dec. 10, 2009, D.C. Law 18-88, §219(a), 56 DCR 7413; Sept. 26, 2012, D.C. Law 19-170, §3(b), 59 DCR 5691.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications
1981 Ed., §22-3202.
1973 Ed., §22-3202.
Effect of Amendments
D.C. Law 13-302, in subsec. (a), in par. (1), substituted "up to, and including, 30 years for all offenses except first degree murder while armed, second degree murder while armed, first degree sexual abuse while armed, and first degree child sexual abuse while armed imprisonment" for "up to life imprisonment", in par. (2), substituted "to a period of imprisonment of not less than 5 years and, except for first degree murder while armed, second degree murder while armed, first degree sexual abuse while armed and first degree child sexual abuse while armed, not more than 30 years" for "to a minimum period of imprisonment of not less than 5 years and a maximum period of imprisonment which may not be less than 3 times the minimum sentence imposed and may be up to life imprisonment", and added pars. (3) and (4); repealed subsec. (b) which had read:
"(b) Where the maximum sentence imposed under this section is life imprisonment, the minimum sentence imposed under subsection (a) of this section may not exceed 15 years imprisonment."
; in subsec. (c), deleted "on parole" following "not be released"; and repealed subsec. (d) which had read:
"(d) Except as provided in subsection (c) of this section, any person sentenced under subsection (a)(2) of this section may be released on parole in accordance with Chapter 4 of Title 24, at any time after having served the minimum sentence imposed under that subsection."
D.C. Law 13-313, in subsec. (c), substituted "paragraph (1), (2), or (3)" for "paragraph (1) or (2)"; and, in subsec. (e), in par. (1), inserted "or to any person convicted more than once of having committed a crime of violence or a dangerous crime in the District of Columbia sentenced under subsection (a)(3) of this section", and in par. (2), substituted "paragraphs (2) or (3)" for "paragraph (2)".
D.C. Law 18-88, in subsec. (a)(2), substituted "Columbia, or an offense in any other jurisdiction that would constitute a crime of violence or dangerous crime if committed in the District of Columbia," for "Columbia,".
D.C. Law 19-170, in subsec. (c), inserted "or a dangerous crime" following "a crime of violence".
Emergency Act Amendments
For temporary (90 day) amendment of section, see §6(a) of the Sentencing Reform Congressional Review Emergency Amendment Act of 2001 (D.C. Act 13-462, November 7, 2000, 47 DCR 9443).
For temporary (90 day) amendment of section, see §6(a) of Sentencing Reform Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-2, February 2, 2001, 48 DCR 2239).
For temporary (90 day) amendment of section, see §6(a) of Sentencing Reform Second Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-51, May 2, 2001, 48 DCR 4370).
For temporary (90 day) amendment of section, see §302(b) of Crime Bill Emergency Amendment Act of 2009 (D.C. Act 18-129, June 29, 2009, 56 DCR 5495).
For temporary (90 day) amendment of section, see §219(a) of Omnibus Public Safety and Justice Emergency Amendment Act of 2009 (D.C. Act 18-181, August 6, 2009, 56 DCR 6903).
For temporary (90 day) amendment of section, see §219(a) of Omnibus Public Safety and Justice Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-227, October 21, 2009, 56 DCR 8668).
For temporary (90 day) amendment of section, see §3(b) of Firearms Emergency Amendment Act of 2012 (D.C. Act 19-352, May 11, 2012, 59 DCR 5116).
For temporary (90 day) amendment of section, see §3(b) of the Firearms Amendments Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-394, July 18, 2012, 59 DCR 8694).
For temporary (90 day) amendment of section, see §3(b) of the Firearms Second Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-510, October 26, 2012, 59 DCR 12808).
Legislative History of Laws
Law 4-166, the "District of Columbia Mandatory-Minimum Sentences Initiative of 1981," was submitted to the electors of the District of Columbia on September 14, 1982, as Initiative No. 9. The results of the voting, certified by the Board of Elections and Ethics on October 12, 1982, were 84,012 for the Initiative and 32,333 against the Initiative. It was transmitted to Congress for review on October 21, 1982 and resubmitted due to the Congressional adjournment sine die on January 6, 1983. Prior to its publication in the D.C. Register on March 9, 1983, emergency legislation delayed the implementation of Law 4-166. This emergency legislation, Act 5-10, provided that the provisions of this initiative shall not be applied to any person until June 7, 1983, the expiration of the District of Columbia Mandatory-Minimum Sentences Initiative of 1981 Delayed Effectiveness Amendments Emergency Act of 1983.
Law 6-69, the "Youth Rehabilitation Amendment Act of 1985," was introduced in Council and assigned Bill No. 6-47, which was referred to the Committee on the Judiciary. The bill was adopted on first and second readings on June 25, 1985 and July 9, 1985, respectively. Signed by the Mayor on July 29, 1985, it was assigned Act No. 6-72 and transmitted to both Houses of Congress for its review.
For legislative history of D.C. Law 8-19, see Historical and Statutory Notes following §22-4501.
For legislative history of D.C. Law 8-120, see Historical and Statutory Notes following §22-4501.
Law 10-119, the "Anti-Gender Discriminatory Language Criminal Offenses Amendment Act of 1994," was introduced in Council and assigned Bill No. 10-332, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on February 1, 1994, and March 1, 1994, respectively. Signed by the Mayor on March 17, 1994, it was assigned Act No. 10-209 and transmitted to both Houses of Congress for its review. D.C. Law 10-119 became effective on May 21, 1994.
Law 13-302, the "Sentencing Reform Amendment Act of 2000", was introduced in Council and assigned Bill No. 13-696, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on June 26, 2000, and July 11, 2000, respectively. Signed by the Mayor on August 2, 2000, it was assigned Act No. 13-406 and transmitted to both Houses of Congress for its review. D.C. Law 13-302 became effective on June 8, 2001.
Law 13-313, the "Technical Amendment Act of 2000", was introduced in Council and assigned Bill No. 13-879, which was referred to the Committee on the Whole. The Bill was adopted on first and second readings on December 5, 2000, and December 19, 2000, respectively. Signed by the Mayor on January 19, 2001, it was assigned Act No. 13-574 and transmitted to both Houses of Congress for its review. D.C. Law 13-313 became effective on June 19, 2001.
For Law 18-88, see notes following §22-402.
For history of Law 19-170, see notes under §22-4501.

§22-4502.01 - Gun free zones; enhanced penalty
  1. All areas within,1000 feet of an appropriately identified public or private day care center, elementary school, vocational school, secondary school, college, junior college, or university, or any public swimming pool, playground, video arcade, youth center, or public library, or in and around public housing as defined in section 3(1) of the United States Housing Act of 1937, approved August 22, 1974 (88 Stat. 654; 42 U.S.C. §1437a(b)), the development or administration of which is assisted by the United States Department of Housing and Urban Development, or in or around housing that is owned, operated, or financially assisted by the District of Columbia Housing Authority, or an event sponsored by any of the above entities shall be declared a gun free zone. For the purposes of this subsection, the term "appropriately identified" means that there is a sign that identifies the building or area as a gun free zone.
  2. Any person illegally carrying a gun within a gun free zone shall be punished by a fine up to twice that otherwise authorized to be imposed, by a term of imprisonment up to twice that otherwise authorized to be imposed, or both.
  3. The provisions of this section shall not apply to a person legally licensed to carry a firearm in the District of Columbia who lives or works within 1000 feet of a gun free zone or to members of the Army, Navy, Air Force, or Marine Corps of the United States; the National Guard or Organized Reserves when on duty; the Post Office Department or its employees when on duty; marshals, sheriffs, prison, or jail wardens, or their deputies; policemen or other duly-appointed law enforcement officers; officers or employees of the United States duly authorized to carry such weapons; banking institutions; public carriers who are engaged in the business of transporting mail, money, securities, or other valuables; and licensed wholesale or retail dealers.

History:

(July 8, 1932, 47 Stat. 650, ch. 465, §2a, as added Aug. 18, 1994, D.C. Law 10-150, §3(b), 41 DCR 2594; Apr. 24, 2007, D.C. Law 16-306, §223(b), 53 DCR 8610.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications
1981 Ed., §22-3202.1.
Effect of Amendments
D.C. Law 16-306 rewrote subsec. (a), which had read as follows:
"(a) All areas within 1000 feet of a public or private day care center, elementary school, vocational school, secondary school, college, junior college, or university, or any public swimming pool, playground, video arcade, or youth center, or an event sponsored by any of the above entities shall be declared a gun free zone."
Emergency Act Amendments
For temporary (90 day) amendment of section, see §223(b) of Omnibus Public Safety Emergency Amendment Act of 2006 (D.C. Act 16-445, July 19, 2006, 53 DCR 6443).
For temporary (90 day) amendment of section, see §223(b) of Omnibus Public Safety Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-490, October 18, 2006, 53 DCR 8686).
For temporary (90 day) amendment of section, see §223(b) of Omnibus Public Safety Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-10, January 16, 2007, 54 DCR 1479).
For temporary (90 day) amendment of section, see §223(b) of Omnibus Public Safety Second Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-25, April 19, 2007, 54 DCR 4036).
Legislative History of Laws
Law 10-150, the "Youth Facilities Firearm Prohibition Amendment Act of 1994," was introduced in Council and assigned Bill No. 10-265, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on March 1, 1994, and April 12, 1994, respectively. Signed by the Mayor on April 28, 1994, it was assigned Act No. 10-233 and transmitted to both Houses of Congress for its review. D.C. Law 10-150 became effective on August 18, 1994.
For Law 16-306, see notes following §22-3302.

§22-4503 - Unlawful possession of firearm
  1. No person shall own or keep a firearm, or have a firearm in his or her possession or under his or her control, within the District of Columbia, if the person:
    1. Has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year;
    2. Is not licensed under §22-4510 to sell weapons, and the person has been convicted of violating this chapter;
    3. Is a fugitive from justice;
    4. Is addicted to any controlled substance, as defined in §48-901.02(4);
    5. Is subject to a court order that:
        1. Was issued after a hearing of which the person received actual notice, and at which the person had an opportunity to participate; or
        2. Remained in effect after the person failed to appear for a hearing of which the person received actual notice;
      2. Restrains the person from assaulting, harassing, stalking, or threatening the petitioner or any other person named in the order; and
      3. Requires the person to relinquish possession of any firearms;
    6. Has been convicted within the past 5 years of an intrafamily offense, as defined in §16-1001(8), punishable as a misdemeanor, or any similar provision in the law of another jurisdiction.
    1. A person who violates subsection (a)(1) of this section shall be sentenced to imprisonment for not more than 10 years and shall be sentenced to imprisonment for a mandatory-minimum term of 1 year, unless she or he has a prior conviction for a crime of violence other than conspiracy, in which case she or he shall be sentenced to imprisonment for not more than 15 years and shall be sentenced to a mandatory-minimum term of 3 years.
    2. A person sentenced to a mandatory-minimum term of imprisonment under paragraph (1) of this subsection shall not be released from prison or granted probation or suspension of sentence prior to serving the mandatory-minimum sentence.
  3. A person who violates subsection (a)(2) through (a)(6) of this section shall be sentenced to not less than 2 years nor more than 10 years, fined not more than the amount set forth in § 22-3571.01, or both.
  4. For the purposes of this section, the term:
    1. "Crime of violence" shall have the same meaning as provided in §23-1331(4), or a crime under the laws of any other jurisdiction that involved conduct that would constitute a crime of violence if committed in the District of Columbia, or conduct that is substantially similar to that prosecuted as a crime of violence under the District of Columbia Official Code.
    2. "Fugitive from justice" means a person who has:
      1. Fled to avoid prosecution for a crime or to avoid giving testimony in a criminal proceeding; or
      2. Escaped from a federal, state, or local prison, jail, halfway house, or detention facility or from the custody of a law enforcement officer.

History:

(July 8, 1932, 47 Stat. 651, ch. 465, §3; June 29, 1953, 67 Stat. 93, ch. 159, §204(b); May 21, 1994, D.C. Law 10-119, §15(b), 41 DCR 1639; Apr. 24, 2007, D.C. Law 16-306, §223(c), 53 DCR 8610; Dec. 10, 2009, D.C. Law 18-88, §219(b), 56 DCR 7413; June 3, 2011, D.C. Law 18-377, §13, 58 DCR 1174; Sept. 26, 2012, D.C. Law 19-170, §3(c), 59 DCR 5691; June 11, 2013, D.C. Law 19-317, §§ 240(a), 304, 60 DCR 2064.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications
1981 Ed., §22-3203.
1973 Ed., §22-3203.
Effect of Amendments
D.C. Law 16-306 substituted "firearm" for "pistol" throughout the section; and rewrote subsec. (b), which had read as follows:
"(b) No person shall keep a pistol for, or intentionally make a pistol available to, such a person, knowing that such person has been so convicted or that such person is a drug addict. Whoever violates this section shall be punished as provided in §22-4515, unless the violation occurs after such person has been convicted of a violation of this section, in which case such person shall be imprisoned for not more than 10 years."
D.C. Law 18-88 rewrote the section, which had read as follows:
"(a) No person shall own or keep a firearm, or have a firearm in his or her possession or under his or her control, within the District of Columbia, if:
"(1) Such person is a drug addict;
"(2) Such person has been convicted in the District of Columbia or elsewhere of a felony;
"(3) Such person has been convicted of violating §22-2701, §22-2722, or §22-3502 to 22-3506; or
"(4) Such person is not licensed under §22-4510 to sell weapons, and such person has been convicted of violating this chapter.
"(b) No person shall keep a firearm for, or intentionally make a firearm available to, such a person, knowing that such person has been so convicted or that such person is a drug addict. Whoever violates this section shall be sentenced to imprisonment for not more than 10 years and shall be sentenced to imprisonment for a mandatory-minimum term of not less than 1 year and shall not be released from prison or granted probation or suspension of sentence prior to serving the mandatory-minimum sentence."
D.C. Law 18-377, in subsec. (a)(5)(C), deleted "(as provided in § 16-1005(c)(10)" following "firearms".
D.C. Law 19-170 rewrote subsec. (a)(6), which had read as follows:
"(6) Has been convicted of an intrafamily offense, as defined in §16-1001, or a substantially similar offense in another jurisdiction;"
Emergency Act Amendments
For temporary authorization for seizure and forfeiture of firearms under certain circumstances, see §2 of the Zero Tolerance for Guns Emergency Amendment Act of 1996 (D.C. Act 11-390, August 26, 1996, 43 DCR 4986).
For temporary (90 day) amendment of section, see §223(c) of Omnibus Public Safety Emergency Amendment Act of 2006 (D.C. Act 16-445, July 19, 2006, 53 DCR 6443).
For temporary (90 day) amendment of section, see §223(c) of Omnibus Public Safety Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-490, October 18, 2006, 53 DCR 8686).
For temporary (90 day) amendment of section, see §223(c) of Omnibus Public Safety Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-10, January 16, 2007, 54 DCR 1479).
For temporary (90 day) amendment of section, see §223(c) of Omnibus Public Safety Second Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-25, April 19, 2007, 54 DCR 4036).
For temporary (90 day) additions, see §2(b) of Inoperable Pistol Emergency Amendment Act of 2008 (D.C. Act 17-652, January 6, 2009, 56 DCR 927).
For temporary (90 day) additions, see §2(b) of Inoperable Pistol Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-24, March 16, 2009, 56 DCR 2309).
For temporary (90 day) amendment of section, see §302(c) of Crime Bill Emergency Amendment Act of 2009 (D.C. Act 18-129, June 29, 2009, 56 DCR 5495).
For temporary (90 day) amendment of section, see §219(b) of Omnibus Public Safety and Justice Emergency Amendment Act of 2009 (D.C. Act 18-181, August 6, 2009, 56 DCR 6903).
For temporary (90 day) amendment of section, see §219(b) of Omnibus Public Safety and Justice Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-227, October 21, 2009, 56 DCR 8668).
For temporary (90 day) amendment of section, see §513 of Public Safety Legislation Sixty-Day Layover Emergency Amendment Act of 2010 (D.C. Act 18-693, January 18, 2011, 58 DCR 640).
For temporary (90 day) amendment of section, see §513 of Public Safety Legislation Sixty-Day Layover Congressional Review Emergency Amendment Act of 2011 (D.C. Act 19-45, April 20, 2011, 58 DCR 3701).
For temporary (90 day) amendment of section, see §3(c) of Firearms Emergency Amendment Act of 2012 (D.C. Act 19-352, May 11, 2012, 59 DCR 5116).
For temporary (90 day) amendment of section, see §3(c) of the Firearms Amendments Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-394, July 18, 2012, 59 DCR 8694).
For temporary (90 day) amendment of section, see §3(c) of the Firearms Second Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-510, October 26, 2012, 59 DCR 12808).
Legislative History of Laws
For legislative history of D.C. Law 10-119, see Historical and Statutory Notes following §22-4502.
For Law 16-306, see notes following §22-3302.
For Law 18-88, see notes following §22-402.
For history of Law 18-377, see notes under §22-303.
For history of Law 19-170, see notes under §22-4501.
Miscellaneous Notes
Seizure and forfeiture of conveyances used in firearms offenses: Section 2(b) of D.C. Law 11-273 provided for the forfeiture and seizure of any conveyance, including vehicles and vessels in which any person or persons transport, possess, or conceal any firearm as defined in §6-2302 [§7-2501.01, 2001 Ed.], or in any manner use to facilitate a violation of §22-3203 and 22-3204 [§22-4503 and 22-4504, 2001 Ed.].

§22-4503.01 - Unlawful discharge of a firearm

Except as otherwise permitted by law, including legitimate self-defense, no firearm shall be discharged or set off in the District of Columbia without a special written permit from the Chief of Police issued pursuant to Section 1 of Article 9 of the Police Regulations of the District of Columbia, effective September 29, 1964 (C.O. 64-1397F; 24 DCMR §2300.1).

History:

(July 8, 1932, 47 Stat. 651, ch. 456, §3a, as added May 20, 2009, D.C. Law 17-388, §2(b), 56 DCR 1162.)

HISTORICAL AND STATUTORY NOTES

Legislative History of Laws
For Law 17-388, see notes following §22-4501.
Miscellaneous Notes
Section 3 of D.C. Law 17-388 provides:
"Sec. 3. Savings clause.
"Nothing in section 2 shall affect any action, proceeding, or prosecution commenced before September 16, 2008. Any such action, proceeding, or prosecution shall continue, or may be enforced, in the same manner and to the same extent as if the amendments made by that section had not been made."

§22-4503.02 - Prohibition of firearms from public or private property
  1. The District of Columbia may prohibit or restrict the possession of firearms on its property and any property under its control.
  2. Private persons or entities owning property in the District of Columbia may prohibit or restrict the possession of firearms on their property; provided, that this subsection shall not apply to law enforcement personnel when lawfully authorized to enter onto private property.

History:

(July 8, 1932, 47 Stat. 651, ch. 456, §3b, as added May 20, 2009, D.C. Law 17-388, §2(b), 56 DCR 1162.)

HISTORICAL AND STATUTORY NOTES

Legislative History of Laws
For Law 17-388, see notes following §22-4501.
Miscellaneous Notes
Section 3 of D.C. Law 17-388 provides:
"Sec. 3. Savings clause.
"Nothing in section 2 shall affect any action, proceeding, or prosecution commenced before September 16, 2008. Any such action, proceeding, or prosecution shall continue, or may be enforced, in the same manner and to the same extent as if the amendments made by that section had not been made."

§22-4504 - (2014) Carrying concealed weapons; possession of weapons during commission of crime of violence; penalty
  1. No person shall carry within the District of Columbia either openly or concealed on or about their person, a pistol, without a license issued pursuant to District of Columbia law, or any deadly or dangerous weapon. Whoever violates this section shall be punished as provided in §22-4515, except that:
    1. A person who violates this section by carrying a pistol, or any deadly or dangerous weapon, in a place other than the person's dwelling place, place of business, or on other land possessed by the person, shall be fined not more than the amount set forth in § 22-3571.01 or imprisoned for not more than 5 years, or both; or
    2. If the violation of this section occurs after a person has been convicted in the District of Columbia of a violation of this section or of a felony, either in the District of Columbia or another jurisdiction, the person shall be fined not more than the amount set forth in § 22-3571.01 or imprisoned for not more than 10 years, or both.
    a-1. Except as otherwise permitted by law, no person shall carry within the District of Columbia a rifle or shotgun. A person who violates this subsection shall be subject to the criminal penalties set forth in subsection (a)(1) and (2) of this section.
  2. No person shall within the District of Columbia possess a pistol, without a license issued pursuant to District of Columbia law, machine gun, shotgun, rifle, or any other firearm or imitation firearm while committing a crime of violence or dangerous crime as defined in §22-4501. Upon conviction of a violation of this subsection, the person may be sentenced to imprisonment for a term not to exceed 15 years and shall be sentenced to imprisonment for a mandatory-minimum term of not less than 5 years and shall not be released on parole, or granted probation or suspension of sentence, prior to serving the mandatory-minimum sentence.

History:

(July 8, 1932, 47 Stat. 651, ch. 465, §4; Nov. 4, 1943, 57 Stat. 586, ch. 296; Aug. 4, 1947, 61 Stat. 743, ch. 469; June 29, 1953, 67 Stat. 94, ch. 159, §204(c); July 28, 1989, D.C. Law 8-19, §3(c), 36 DCR 2844; May 8, 1990, D.C. Law 8-120, §3(c), 37 DCR 24; May 21, 1994, D.C. Law 10-119, §15(c), 41 DCR 1639; Aug. 20, 1994, D.C. Law 10-151, §302, 41 DCR 2608; May 20, 2009, D.C. Law 17-388, §2(c), 56 DCR 1162; Sept. 26, 2012, D.C. Law 19-170, §3(d), 59 DCR 5691; June 11, 2013, D.C. Law 19-317, §§ 240(b), 309(a), 60 DCR 2064..)

HISTORICAL AND STATUTORY NOTES

Prior Codifications
1981 Ed., §22-3204.
1973 Ed., §22-3204.
Effect of Amendments
D.C. Law 17-388 added subsec. (a-1).
D.C. Law 19-170, deleted "without a license issued pursuant to District of Columbia law," following "a pistol,".
Emergency Act Amendments
For temporary amendment of section, see §302 of the Omnibus Criminal Justice Reform Emergency Amendment Act of 1994 (D.C. Act 10-255, June 22, 1994, 41 DCR 4286).
For temporary authorization for seizure and forfeiture of firearms under certain circumstances, see §2 of the Zero Tolerance for Guns Emergency Amendment Act of 1996 (D.C. Act 11-390, August 26, 1996, 43 DCR 4986).
For temporary (90 day) amendment of section, see §3(b) of Second Firearms Control Emergency Amendment Act of 2008 (D.C. Act 17-502, September 16, 2008, 55 DCR 9904).
For temporary (90 day) amendment of section, see §3(b) of Second Firearms Control Congressional Review Emergency Amendment Act of 2008 (D.C. Act 17-601, December 12, 2008, 56 DCR 9).
For temporary (90 day) amendment of section, see §2(c) of Inoperable Pistol Emergency Amendment Act of 2008 (D.C. Act 17-652, January 6, 2009, 56 DCR 927).
For temporary (90 day) additions, see §2(d) of Inoperable Pistol Emergency Amendment Act of 2008 (D.C. Act 17-652, January 6, 2009, 56 DCR 927).
For temporary (90 day) amendment of section, see §2(c) of Inoperable Pistol Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-24, March 16, 2009, 56 DCR 2309).
For temporary (90 day) additions, see §2(d) of Inoperable Pistol Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-24, March 16, 2009, 56 DCR 2309).
For temporary (90 day) amendment of section, see §203(a) of Receiving Stolen Property and Public Safety Amendments Emergency Amendment Act of 2011 (D.C. Act 19-261, December 21, 2011, 58 DCR 11232).
For temporary (90 day) amendment of section, see §3(a) of Firearms Registration Renewal Emergency Amendment Act of 2012 (D.C. Act 19-324, March 18, 2012, 59 DCR 2258).
For temporary (90 day) amendment of section, see §3(d) of Firearms Emergency Amendment Act of 2012 (D.C. Act 19-352, May 11, 2012, 59 DCR 5116).
For temporary (90 day) amendment of section, see §3(d) of the Firearms Amendments Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-394, July 18, 2012, 59 DCR 8694).
For temporary (90 day) amendment of section, see §3(d) of the Firearms Second Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-510, October 26, 2012, 59 DCR 12808).
Legislative History of Laws
For legislative history of D.C. Law 8-19, see Historical and Statutory Notes following §22-4501.
For legislative history of D.C. Law 8-120, see Historical and Statutory Notes following §22-4501.
For legislative history of D.C. Law 10-119, see Historical and Statutory Notes following §22-4502.
For legislative history of D.C. Law 10-151, see Historical and Statutory Notes following §22-4501.
For Law 17-388, see notes following §22-4501.
For history of Law 19-170, see notes under §22-4501.
Miscellaneous Notes
Seizure and forfeiture of conveyances used in firearms offenses: Section 2(b) of D.C. Law 11-273 provided for the forfeiture and seizure of any conveyance, including vehicles and vessels in which any person or persons transport, possess, or conceal any firearm as defined in §6-2302 [§7-2501.01, 2001 Ed.], or in any manner use to facilitate a violation of §22-3203 and 22-3204 [§22-4503 and 22-4504, 2001 Ed.].

§22-4504.01 - Authority to carry firearm in certain places and for certain purposes

Notwithstanding any other law, a person holding a valid registration for a firearm may carry the firearm:

  1. Within the registrant's home;
  2. While it is being used for lawful recreational purposes;
  3. While it is kept at the registrant's place of business; or
  4. While it is being transported for a lawful purpose as expressly authorized by District or federal statute and in accordance with the requirements of that statute.

History:

(July 8, 1932, 47 Stat. 651, ch. 456, §4a, as added May 20, 2009, D.C. Law 17-388, §2(d), 56 DCR 1162.)

HISTORICAL AND STATUTORY NOTES

Legislative History of Laws
For Law 17-388, see notes following §22-4501.
Miscellaneous Notes
Section 3 of D.C. Law 17-388 provides:
"Sec. 3. Savings clause.
"Nothing in section 2 shall affect any action, proceeding, or prosecution commenced before September 16, 2008. Any such action, proceeding, or prosecution shall continue, or may be enforced, in the same manner and to the same extent as if the amendments made by that section had not been made."

§22-4504.02 - Lawful transportation of firearms
  1. Any person who is not otherwise prohibited by the law from transporting, shipping, or receiving a firearm shall be permitted to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry the firearm to any other place where he may lawfully possess and carry the firearm if the firearm is transported in accordance with this section.
    1. If the transportation of the firearm is by a vehicle, the firearm shall be unloaded, and neither the firearm nor any ammunition being transported shall be readily accessible or directly accessible from the passenger compartment of the transporting vehicle.
    2. If the transporting vehicle does not have a compartment separate from the driver's compartment, the firearm or ammunition shall be contained in a locked container other than the glove compartment or console, and the firearm shall be unloaded.
  3. If the transportation of the firearm is in a manner other than in a vehicle, the firearm shall be:
    1. Unloaded;
    2. Inside a locked container; and
    3. Separate from any ammunition.

History:

(July 8, 1932, 47 Stat. 651, ch. 456, §4b, as added May 20, 2009, D.C. Law 17-388, §2(d), 56 DCR 1162.)

HISTORICAL AND STATUTORY NOTES

Legislative History of Laws
For Law 17-388, see notes following §22-4501.
Miscellaneous Notes
Section 3 of D.C. Law 17-388 provides:
"Sec. 3. Savings clause.
"Nothing in section 2 shall affect any action, proceeding, or prosecution commenced before September 16, 2008. Any such action, proceeding, or prosecution shall continue, or may be enforced, in the same manner and to the same extent as if the amendments made by that section had not been made."

§22-4505 - Exceptions
  1. The provisions of §22-4504(a) and (a-1) shall not apply to:
    1. Marshals, sheriffs, prison or jail wardens, or their deputies, policemen or other duly appointed law enforcement officers, including special agents of the Office of Tax and Revenue, authorized in writing by the Deputy Chief Financial Officer for the Office of Tax and Revenue to carry a firearm while engaged in the performance of their official duties, and criminal investigators of the Office of the Inspector General, designated in writing by the Inspector General, while engaged in the performance of their official duties;
    2. Special police officers and campus police officers who carry a firearm in accordance with §5-129.02, and rules promulgated pursuant to that section;
    3. Members of the Army, Navy, Air Force, or Marine Corps of the United States or of the National Guard or Organized Reserves when on duty, or to the regularly enrolled members of any organization duly authorized to purchase or receive such weapons from the United States; provided, that such members are at or are going to or from their places of assembly or target practice;
    4. Officers or employees of the United States duly authorized to carry a concealed pistol;
    5. Any person engaged in the business of manufacturing, repairing, or dealing in firearms, or the agent or representative of any such person having in his or her possession, using, or carrying a pistol in the usual or ordinary course of such business; and
    6. Any person while carrying a pistol, transported in accordance with §22-4504.02, from the place of purchase to his or her home or place of business or to a place of repair or back to his or her home or place of business or in moving goods from one place of abode or business to another, or to or from any lawful recreational firearm-related activity.
  2. The provisions of §22-4504(a) with respect to pistols shall not apply to a police officer who has retired from the Metropolitan Police Department, if the police officer has registered a pistol and it is concealed on or about the police officer.
  3. For the purposes of subsection (a)(6) of this section, the term "recreational firearm-related activity" includes a firearms training and safety class.

History:

(July 8, 1932, 47 Stat. 651, ch. 465, §5; May 7, 1993, D.C. Law 9-266, §3, 39 DCR 5676; May 21, 1994, D.C. Law 10-119, §15(d), 41 DCR 1639; Mar. 26, 1999, D.C. Law 12-190, §3, 45 DCR 7814; June 9, 2001, D.C. Law 13-305, §408, 48 DCR 334; June 12, 2003, D.C. Law 14-310, §9, 50 DCR 1092; May 20, 2009, D.C. Law 17-388, §2(e), 56 DCR 1162; Sept. 26, 2012, D.C. Law 19-170, §3(e), 59 DCR 5691.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications
1981 Ed., §22-3205.
1973 Ed., §22-3205.
Effect of Amendments
D.C. Law 13-305, in subsec. (a), substituted "duly appointed law enforcement officers, including special agents of the Office of Tax and Revenue, authorized in writing by the Deputy Chief Financial Officer for the Office of Tax and Revenue to carry a firearm while engaged in the performance of their official duties" for "duly appointed law enforcement officers".
D.C. Law 14-310, in par. (4), validated a previously made technical correction.
D.C. Law 17-388, in subsec. (a), substituted "pistol, transported in accordance with §22-4504.02, from" for "pistol unloaded and in a secure wrapper from".
D.C. Law 19-170 rewrote the section, which formerly read:
"(a) The provisions of §22-4504 shall not apply to marshals, sheriffs, prison or jail wardens, or their deputies, policemen or other duly appointed law enforcement officers, including special agents of the Office of Tax and Revenue, authorized in writing by the Deputy Chief Financial Officer for the Office of Tax and Revenue to carry a firearm while engaged in the performance of their official duties, and criminal investigators of the Office of the Inspector General, designated in writing by the Inspector General, while engaged in the performance of their official duties, or to members of the Army, Navy, Air Force, or Marine Corps of the United States or of the National Guard or Organized Reserves when on duty, or to the regularly enrolled members of any organization duly authorized to purchase or receive such weapons from the United States, provided such members are at or are going to or from their places of assembly or target practice, or to officers or employees of the United States duly authorized to carry a concealed pistol, or to any person engaged in the business of manufacturing, repairing, or dealing in firearms, or the agent or representative of any such person having in his or her possession, using, or carrying a pistol in the usual or ordinary course of such business, or to any person while carrying a pistol, transported in accordance with §22-4504.02, from the place of purchase to his or her home or place of business or to a place of repair or back to his or her home or place of business or in moving goods from one place of abode or business to another.
"(b) The provisions of §22-4504 with respect to pistols shall not apply to a police officer who has retired from the Metropolitan Police Department, if the police officer has registered a pistol and it is concealed on or about the police officer."
Temporary Amendments of Section
Section 3 of D.C. Law 12-177 inserted "including criminal investigators of the Office of the Inspector General, designated in writing by the Inspector General, while engaged in the performance of their official duties" near the beginning of (a).
Emergency Act Amendments
For temporary amendment of section, see §3 of the Office of the Inspector General Law Enforcement Powers Emergency Amendment Act of 1998 (D.C. Act 12-394, July 4, 1998, 45 DCR 4645), §3 of the Office of the Inspector General Law Enforcement Powers Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-463, October 28, 1998, 45 DCR 7818), and §3 of the Office of the Inspector General Law Enforcement Powers Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-3, February 8, 1999, 46 DCR 2288).
For temporary (90 day) amendment of section, see §2(e) of Inoperable Pistol Emergency Amendment Act of 2008 (D.C. Act 17-652, January 6, 2009, 56 DCR 927).
For temporary (90 day) amendment of section, see §2(e) of Inoperable Pistol Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-24, March 16, 2009, 56 DCR 2309).
For temporary (90 day) amendment of section, see §203(b) of Receiving Stolen Property and Public Safety Amendments Emergency Amendment Act of 2011 (D.C. Act 19-261, December 21, 2011, 58 DCR 11232).
For temporary (90 day) amendment of section, see §3(b) of Firearms Registration Renewal Emergency Amendment Act of 2012 (D.C. Act 19-324, March 18, 2012, 59 DCR 2258).
For temporary (90 day) amendment of section, see §3(e) of Firearms Emergency Amendment Act of 2012 (D.C. Act 19-352, May 11, 2012, 59 DCR 5116).
For temporary (90 day) amendment of section, see §3(e) of the Firearms Amendments Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-394, July 18, 2012, 59 DCR 8694).
For temporary (90 day) amendment of section, see §3(e) of the Firearms Second Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-510, October 26, 2012, 59 DCR 12808).
Legislative History of Laws
Law 9-266, the "Handgun Possession Amendment Act of 1992," was introduced in Council and assigned Bill No. 9-91, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on June 2, 1992, and July 7, 1992, respectively. Signed by the Mayor on July 21, 1992 it was assigned Act No. 9-247 and transmitted to both Houses of Congress for its review. D.C. Law 9-266 became effective on May 7, 1993.
For legislative history of D.C. Law 10-119, see Historical and Statutory Notes following §22-4502.
Law 12-177, the "Office of the Inspector General Law Enforcement Powers Temporary Amendment Act of 1998," was introduced in Council and assigned Bill No. 12-676. The Bill was adopted on first and second readings on June 2, 1998, and July 7, 1998, respectively. Signed by the Mayor on July 20, 1998, it was assigned Act No. 12-419 and transmitted to both Houses of Congress for its review. D.C. Law 12-419 became effective on March 26, 1999.
Law 12-190, the "Office of the Inspector General Law Enforcement Powers Amendment Act of 1998," was introduced in Council and assigned Bill No. 12-622, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on July 7, 1998, and September 22, 1998, respectively. Signed by the Mayor on October 2, 1998, it was assigned Act No. 12-461 and transmitted to both Houses of Congress for its review. D.C. Law 12-190 became effective on March 26, 1999.
Section 5(b) of D.C. Law 12-177 provides that the act shall expire after 225 days of its having taken effect or on the effective date of the Office of the Inspector General Law Enforcement Powers Amendment Act of 1998, whichever occurs first.
Law 13-305, the "Tax Clarity Act of 2000", was introduced in Council and assigned Bill No. 13-586, which was referred to the Committee on Finance and Revenue. The Bill was adopted on first and second readings on October 2, 2000, and November 8, 2000, respectively. Signed by the Mayor on December 13, 2000, it was assigned Act No. 13-501 and transmitted to both Houses of Congress for its review. D.C. Law 13-305 became effective on June 9, 2001.
Law 14-310, the "Criminal Code and Miscellaneous Technical Amendments Act of 2002", was introduced in Council and assigned Bill No. 14-954, which was referred to the Committee on Whole. The Bill was adopted on first and second readings on December 3, 2002, and December 17, 2002, respectively. Signed by the Mayor on January 22, 2003, it was assigned Act No. 14-622 and transmitted to both Houses of Congress for its review. D.C. Law 14-310 became effective on June 12, 2003.
For Law 17-388, see notes following §22-4501.
For history of Law 19-170, see notes under §22-4501.

§22-4506 - (2014) Issue of licenses to carry pistol
  1. The Chief of the Metropolitan Police Department ("Chief") may, upon the application of any person having a bona fide residence or place of business within the District of Columbia, or of any person having a bona fide residence or place of business within the United States and a license to carry a pistol concealed upon his or her person issued by the lawful authorities of any State or subdivision of the United States, issue a license to such person to carry a pistol concealed upon his or her person within the District of Columbia for not more than 2 years from the date of issue, if it appears that the applicant has good reason to fear injury to his or her person or property or has any other proper reason for carrying a pistol, and that he or she is a suitable person to be so licensed.
  2. A non-resident who lives in a state that does not require a license to carry a concealed pistol may apply to the Chief for a license to carry a pistol concealed upon his or her person within the District of Columbia for not more than 2 years from the date of issue; provided, that he or she meets the same reasons and requirements set forth in subsection (a) of this section.
  3. For any person issued a license pursuant to this section, or renewed pursuant to section 903 of the Firearms Control Regulations Act of 1975, passed on emergency basis on September 23, 2014 (Enrolled version of Bill 20-926), the Chief may limit the geographic area, circumstances, or times of the day, week, month, or year in which the license is effective, and may revoke the license for good cause.
  4. The application for a license to carry shall be on a form prescribed by the Chief. The license shall be in a form prescribed by the Chief and shall bear the name, address, description, photograph, and signature of the licensee.
  5. Any person whose application has been denied or license revoked may, within 15 days of notice of the denial, appeal to the Concealed Pistol Licensing Review Board established pursuant to section 908 of the Firearms Control Regulations Act of 1975, passed on emergency basis on September 23, 2014 (Enrolled version of Bill 20-926).
§22-4507 - Certain sales of pistols prohibited

No person shall within the District of Columbia sell any pistol to a person who he or she has reasonable cause to believe is not of sound mind, or is forbidden by §22-4503 to possess a pistol, or, except when the relation of parent and child or guardian and ward exists, is under the age of 21 years.

History:

(July 8, 1932, 47 Stat. 652, ch. 465, §7; June 29, 1953, 67 Stat. 94, ch. 159, §204(d); May 21, 1994, D.C. Law 10-119, §15(f), 41 DCR 1639.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications
1981 Ed., §22-3207.
1973 Ed., §22-3207.
Legislative History of Laws
For legislative history of D.C. Law 10-119, see Historical and Statutory Notes following §22-4502.

§22-4508 - Transfers of firearms regulated

No seller shall within the District of Columbia deliver a firearm to the purchaser thereof until 10 days shall have elapsed from the date of the purchase thereof, except in the case of sales to marshals, sheriffs, prison or jail wardens or their deputies, policemen, or other duly appointed law enforcement officers, and, when delivered, said firearm shall be transported in accordance with §22-4504.02. At the time of purchase, the purchaser shall sign in duplicate and deliver to the seller a statement containing his or her full name, address, occupation, date and place of birth, the date of purchase, the caliber, make, model, and manufacturer's number of the firearm and a statement that the purchaser is not forbidden by §22-4503 to possess a firearm. The seller shall, within 6 hours after purchase, sign and attach his or her address and deliver one copy to such person or persons as the Chief of Police of the District of Columbia may designate, and shall retain the other copy for 6 years. No machine gun, sawed-off shotgun, or blackjack shall be sold to any person other than the persons designated in §22-4514 as entitled to possess the same, and then only after permission to make such sale has been obtained from the Chief of Police of the District of Columbia. This section shall not apply to sales at wholesale to licensed dealers.

History:

(July 8, 1932, 47 Stat. 652, ch. 465, §8; June 29, 1953, 67 Stat. 94, ch. 159, §204(e); May 21, 1994, D.C. Law 10-119, §15(g), 41 DCR 1639; May 20, 2009, D.C. Law 17-388, §2(g), 56 DCR 1162; Sept. 26, 2012, D.C. Law 19-170, §3(f), 59 DCR 5691.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications
1981 Ed., §22-3208.
1973 Ed., §22-3208.
Effect of Amendments
D.C. Law 17-388 substituted "firearm" for "pistol"; substituted "10 days" for "48 hours"; and substituted "shall be transported in accordance with §22-4504.02" for "shall be securely wrapped and shall be unloaded".
D.C. Law 19-170 rewrote the section, which formerly read:
"No seller shall within the District of Columbia deliver a firearm to the purchaser thereof until 10 days shall have elapsed from the time of the application for the purchase thereof, except in the case of sales to marshals, sheriffs, prison or jail wardens or their deputies, policemen, or other duly appointed law enforcement officers, and, when delivered, said firearm shall be transported in accordance with §22-4504.02. At the time of applying for the purchase of a firearm the purchaser shall sign in duplicate and deliver to the seller a statement containing his or her full name, address, occupation, color, place of birth, the date and hour of application, the caliber, make, model, and manufacturer's number of the firearm to be purchased and a statement that the purchaser is not forbidden by §22-4503 to possess a firearm. The seller shall, within 6 hours after such application, sign and attach his or her address and deliver 1 copy to such person or persons as the Chief of Police of the District of Columbia may designate, and shall retain the other copy for 6 years. No machine gun, sawed-off shotgun, or blackjack shall be sold to any person other than the persons designated in §22-4514 as entitled to possess the same, and then only after permission to make such sale has been obtained from the Chief of Police of the District of Columbia. This section shall not apply to sales at wholesale to licensed dealers."
Emergency Act Amendments
For temporary (90 day) amendment of section, see §2(g) of Inoperable Pistol Emergency Amendment Act of 2008 (D.C. Act 17-652, January 6, 2009, 56 DCR 927).
For temporary (90 day) amendment of section, see §2(g) of Inoperable Pistol Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-24, March 16, 2009, 56 DCR 2309).
For temporary (90 day) amendment of section, see §2 of Transfer Emergency Amendment Act of 2011 (D.C. Act 19-69, May 13, 2011, 58 DCR 4256).
For temporary (90 day) amendment of section, see §3(f) of Firearms Emergency Amendment Act of 2012 (D.C. Act 19-352, May 11, 2012, 59 DCR 5116).
For temporary (90 day) amendment of section, see §3(f) of the Firearms Amendments Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-394, July 18, 2012, 59 DCR 8694).
For temporary (90 day) amendment of section, see §3(f) of the Firearms Second Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-510, October 26, 2012, 59 DCR 12808).
Legislative History of Laws
For legislative history of D.C. Law 10-119, see Historical and Statutory Notes following §22-4502.
For Law 17-388, see notes following §22-4501.
For history of Law 19-170, see notes under §22-4501.

§22-4509 - Dealers of weapons to be licensed

No retail dealer shall within the District of Columbia sell or expose for sale or have in his or her possession with intent to sell, any pistol, machine gun, sawed-off shotgun, or blackjack without being licensed as provided in §22-4510. No wholesale dealer shall, within the District of Columbia, sell, or have in his or her possession with intent to sell, to any person other than a licensed dealer, any pistol, machine gun, sawed-off shotgun, or blackjack.

History:

(July 8, 1932, 47 Stat. 652, ch. 465, §9; May 21, 1994, D.C. Law 10-119, §15(h), 41 DCR 1639.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications
1981 Ed., §22-3209.
1973 Ed., §22-3209.
Legislative History of Laws
For legislative history of D.C. Law 10-119, see Historical and Statutory Notes following §22-4502.

§22-4510 - Licenses of weapons dealers; records; by whom granted; conditions
  1. The Mayor of the District of Columbia may, in his or her discretion, grant licenses and may prescribe the form thereof, effective for not more than 1 year from date of issue, permitting the licensee to sell pistols, machine guns, sawed-off shotguns, and blackjacks at retail within the District of Columbia subject to the following conditions in addition to those specified in §22-4509, for breach of any of which the license shall be subject to forfeiture and the licensee subject to punishment as provided in this chapter:
    1. The business shall be carried on only in the building designated in the license.
    2. The license or a copy thereof, certified by the issuing authority, shall be displayed on the premises where it can be easily read.
    3. No pistol shall be sold: (A) if the seller has reasonable cause to believe that the purchaser is not of sound mind or is forbidden by §22-4503 to possess a pistol or is under the age of 21 years; and (B) unless the purchaser is personally known to the seller or shall present clear evidence of his or her identity. No machine gun, sawed-off shotgun, or blackjack shall be sold to any person other than the persons designated in §22-4514 as entitled to possess the same, and then only after permission to make such sale has been obtained from the Chief of Police of the District of Columbia.
    4. A true record shall be made in a book kept for the purpose, the form of which may be prescribed by the Mayor, of all pistols, machine guns, and sawed-off shotguns in the possession of the licensee, which said record shall contain the date of purchase, the caliber, make, model, and manufacturer's number of the weapon, to which shall be added, when sold, the date of sale.
    5. A true record in duplicate shall be made of every pistol, machine gun, sawed-off shotgun, and blackjack sold, said record to be made in a book kept for the purpose, the form of which may be prescribed by the Mayor of the District of Columbia and shall be personally signed by the purchaser and by the person effecting the sale, each in the presence of the other and shall contain the date of sale, the name, address, occupation, color, and place of birth of the purchaser, and, so far as applicable, the caliber, make, model, and manufacturer's number of the weapon, and a statement by the purchaser that the purchaser is not forbidden by §22-4503 to possess a pistol. One copy of said record shall, within 7 days, be forwarded by mail to the Chief of Police of the District of Columbia and the other copy retained by the seller for 6 years.
    6. No pistol or imitation thereof or placard advertising the sale thereof shall be displayed in any part of said premises where it can readily be seen from the outside. No license to sell at retail shall be granted to anyone except as provided in this section.
  2. Any license issued pursuant to this section shall be issued by the Metropolitan Police Department as a Public Safety endorsement to a basic business license under the basic business license system as set forth in subchapter I-A of Chapter 28 of Title 47 of the District of Columbia Official Code.

History:

(July 8, 1932, 47 Stat. 652, ch. 465, §10; June 29, 1953, 67 Stat. 94, ch. 159, §204(f), (g); May 21, 1994, D.C. Law 10-119, §15(i), 41 DCR 1639; Apr. 20, 1999, D.C. Law 12-261, §2003(p), 46 DCR 3142; Oct. 28, 2003, D.C. Law 15-38, §3(p), 50 DCR 6913.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications
1981 Ed., §22-3210.
1973 Ed., §22-3210.
Effect of Amendments
D.C. Law 15-38, in subsec. (b), substituted "Public Safety endorsement to a basic business license under the basic" for "Class A Public Safety endorsement to a master business license under the master".
Emergency Act Amendments
For temporary (90 day) amendment of section, see §3(p) of Streamlining Regulation Emergency Act of 2003 (D.C. Act 15-145, August 11, 2003, 50 DCR 6896).
Legislative History of Laws
For legislative history of D.C. Law 10-119, see Historical and Statutory Notes following §22-4502.
Law 12-261, the "Second Omnibus Regulatory Reform Amendment Act of 1998," was introduced in Council and assigned Bill No. 12-845, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on December 1, 1998, and December 15, 1998, respectively. Signed by the Mayor on December 31, 1998, it was assigned Act No. 12-615 and transmitted to both Houses of Congress for its review. D.C. Law 12-261 became effective on April 20, 1999.
Law 15-38, the "Streamlining Regulation Act of 2003", was introduced in Council and assigned Bill No. 15-19, which was referred to Committee on Consumer and Regulatory Affairs. The Bill was adopted on first and second readings on June 3, 2003, and July 8, 2003, respectively. Signed by the Mayor on August 11, 2003, it was assigned Act No. 15-146 and transmitted to both Houses of Congress for its review. D.C. Law 15-38 became effective on October 28, 2003.
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, §711 (D.C. Code, §1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to §714(a) of such Act (D.C. Code, §1-207.14(a)), appropriate changes in terminology were made in this section.

§22-4511 - False information in purchase of weapons prohibited

No person shall, in purchasing a pistol or in applying for a license to carry the same, or in purchasing a machine gun, sawed-off shotgun, or blackjack within the District of Columbia, give false information or offer false evidence of his or her identity.

History:

(July 8, 1932, 47 Stat. 653, ch. 465, §11; May 21, 1994, D.C. Law 10-119, §15(j), 41 DCR 1639.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications
1981 Ed., §22-3211.
1973 Ed., §22-3211.
Legislative History of Laws
For legislative history of D.C. Law 10-119, see Historical and Statutory Notes following §22-4502.

§22-4512 - Alteration of identifying marks of weapons prohibited

No person shall within the District of Columbia change, alter, remove, or obliterate the name of the maker, model, manufacturer's number, or other mark or identification on any pistol, machine gun, or sawed-off shotgun. Possession of any pistol, machine gun, or sawed-off shotgun upon which any such mark shall have been changed, altered, removed, or obliterated shall be prima facie evidence that the possessor has changed, altered, removed, or obliterated the same within the District of Columbia; provided, however, that nothing contained in this section shall apply to any officer or agent of any of the departments of the United States or the District of Columbia engaged in experimental work.

History:

(July 8, 1932, 47 Stat. 653, ch. 465, §12.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications
1981 Ed., §22-3212.

§22-4513 - Exceptions

Except as provided in §22-4502, §22-4504(b), and §22-4514(b), this chapter shall not apply to toy or antique pistols unsuitable for use as firearms.

History:

(July 8, 1932, 47 Stat. 653, Ch. 465, §13; July 29, 1970, 84 Stat. 601, Pub. L. 91-358, title II, §205(b); May 20, 2009, D.C. Law 17-388, §2(h), 56 DCR 1162.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications
1981 Ed., §22-3213.
1973 Ed., §22-3213.
Effect of Amendments
D.C. Law 17-388 substituted "§22-4502, §22-4504(b), and §22-4514(b)" for "§22-4502 and §22-4514(b)".
Emergency Act Amendments
For temporary (90 day) amendment of section, see §2(h) of Inoperable Pistol Emergency Amendment Act of 2008 (D.C. Act 17-652, January 6, 2009, 56 DCR 927).
For temporary (90 day) amendment of section, see §2(h) of Inoperable Pistol Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-24, March 16, 2009, 56 DCR 2309).
Legislative History of Laws
For Law 17-388, see notes following §22-4501.

§22-4514 - Possession of certain dangerous weapons prohibited; exceptions
  1. No person shall within the District of Columbia possess any machine gun, sawed-off shotgun, knuckles, or any instrument or weapon of the kind commonly known as a blackjack, slungshot, sand club, sandbag, switchblade knife, nor any instrument, attachment, or appliance for causing the firing of any firearm to be silent or intended to lessen or muffle the noise of the firing of any firearms; provided, however, that machine guns, or sawed-off shotgun, knuckles,s, and blackjacks may be possessed by the members of the Army, Navy, Air Force, or Marine Corps of the United States, the National Guard, or Organized Reserves when on duty, the Post Office Department or its employees when on duty, marshals, sheriffs, prison or jail wardens, or their deputies, policemen, or other duly-appointed law enforcement officers, including any designated civilian employee of the Metropolitan Police Department, or officers or employees of the United States duly authorized to carry such weapons, banking institutions, public carriers who are engaged in the business of transporting mail, money, securities, or other valuables, wholesale dealers and retail dealers licensed under §22-4510.
  2. No person shall within the District of Columbia possess, with intent to use unlawfully against another, an imitation pistol, or a dagger, dirk, razor, stiletto, or knife with a blade longer than 3 inches, or other dangerous weapon.
  3. Whoever violates this section shall be punished as provided in §22-4515 unless the violation occurs after such person has been convicted in the District of Columbia of a violation of this section, or of a felony, either in the District of Columbia or in another jurisdiction, in which case such person shall be imprisoned for not more than 10 years.

History:

(July 8, 1932, 47 Stat. 654, ch. 465, §14; June 29, 1953, 67 Stat. 94, ch. 159, §204(h); May 21, 1994, D.C. Law 10-119, §15(k), 41 DCR 1639; June 12, 1999, D.C. Law 12-284, §6, 46 DCR 1328; May 15, 2009, D.C. Law 17-390, §3(b), 55 DCR 11030.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications
1981 Ed., §22-3214.
1973 Ed., §22-3214.
Effect of Amendments
D.C. Law 17-390, in subsec. (a), substituted "sawed-off shotgun, knuckles," for "sawed-off shotgun", and deleted "or metal knuckles," following "switchblade knife,".
Temporary Amendments of Section
Section 6 of D.C. Law 12-282 inserted "including any designated civilian employee of the Metropolitan Police Department" in (a).
Section 13(b) of D.C. Law 12-282 provided that the act shall expire after 225 days of its having taken effect.
Emergency Act Amendments
For temporary amendment of section, see §6 of the Metropolitan Police Department Civilianization and Street Solicitation for Prostitution Emergency Amendment Act of 1998 (D.C. Act 12-428, August 6, 1998, 45 DCR 5884).
For temporary amendment of section, see §6 of the Metropolitan Police Department Civilianization Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-506, November 10, 1998, 45 DCR 45 8139), and §6 of the Metropolitan Police Department Civilianization Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-13, February 8, 1999, 46 DCR 2333).
Legislative History of Laws
For legislative history of D.C. Law 10-119, see Historical and Statutory Notes following §22-4502.
Law 12-282, the "Metropolitan Police Department Civilianization Temporary Amendment Act of 1998," was introduced in Council and assigned Bill No. 12-709. The Bill was adopted on first and second readings on July 7, 1998, and September 22, 1998, respectively. Signed by the Mayor, it was assigned Act No. 12-492 and transmitted to both Houses of Congress for its review. D.C. Law 12-282 became effective on May 28, 1999.
Law 12-284, the "Metropolitan Police Department Civilianization Amendment Act of 1998," was introduced in Council and assigned Bill No. 12-710, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on December 1, 1998, and December 15, 1998, respectively. Signed by the Mayor, it was assigned Act No. 12-613 and transmitted to both Houses of Congress for its review. D.C. Law 12-284 became effective on June 12, 1999.
For Law 17-390, see notes following §22-3312.02.
References in Text
The Post Office Department, referred to in the proviso in subsection (a) of this section, was abolished and all its functions, powers, and duties were transferred to the United States Postal Service by §4(a) of the Act of August 12, 1970, 84 Stat. 773, Pub. L. 91-375.

§22-4515 - Penalties

Any violation of any provision of this chapter for which no penalty is specifically provided shall be punished by a fine of not more than the amount set forth in § 22-3571.01 or imprisonment for not more than 1 year, or both.

History:

(July 8, 1932, 47 Stat. 654, ch. 465, §15; June 11, 2013, D.C. Law 19-317, § 240(c), 60 DCR 2064.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications
1981 Ed., §22-3215.
1973 Ed., §22-3215.
Emergency Act Amendments
For temporary (90 day) amendment of section, see §6(b) of Sentencing Reform Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-2, February 2, 2001, 48 DCR 2239).
For temporary (90 day) amendment of section, see §6(b) of Sentencing Reform Second Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-51, May 2, 2001, 48 DCR 4370).

§22-4515a - Manufacture, transfer, use, possession, or transportation of molotov cocktails, or other explosives for unlawful purposes, prohibited; definitions; penalties
  1. No person shall within the District of Columbia manufacture, transfer, use, possess, or transport a molotov cocktail. As used in this subsection, the term "molotov cocktail" means:
    1. a breakable container containing flammable liquid and having a wick or a similar device capable of being ignited; or
    2. any other device designed to explode or produce uncontained combustion upon impact; but such term does not include a device lawfully and commercially manufactured primarily for the purpose of illumination, construction work, or other lawful purpose.
  2. No person shall manufacture, transfer, use, possess, or transport any device, instrument, or object designed to explode or produce uncontained combustion, with the intent that the same may be used unlawfully against any person or property.
  3. No person shall, during a state of emergency in the District of Columbia declared by the Mayor pursuant to law, or during a situation in the District of Columbia concerning which the President has invoked any provision of Chapter 15 of Title 10, United States Code, manufacture, transfer, use, possess, or transport any device, instrument, or object designed to explode or produce uncontained combustion, except at his or her residence or place of business.
  4. Whoever violates this section shall:
    1. for the first offense, be sentenced to a term of imprisonment of not less than 1 and not more than 5 years;
    2. for the second offense, be sentenced to a term of imprisonment of not less than 3 and not more than 15 years; and
    3. for the third or subsequent offense, be sentenced to a term of imprisonment of not less than 5 years and not more than 30 years. In the case of a person convicted of a third or subsequent violation of this section, Chapter 402 of Title 18, United States Code (Federal Youth Corrections Act) shall not apply. For purposes of imprisonment following revocation of release authorized by §24-403.01(b)(7), the third or subsequent conviction for an offense defined by this section is a Class A felony.

History:

(July 8, 1932, 47 Stat. 654, ch. 465, §15A; July 29, 1970, 84 Stat. 603, Pub. L. 91-358, title II, §209; May 21, 1994, D.C. Law 10-119, §15(l), 41 DCR 1639; June 8, 2001, D.C. Law 13-302, §6(b), 47 DCR 7249.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications
1981 Ed., §22-3215a.
1973 Ed., §22-3215a.
Effect of Amendments
D.C. Law 13-302, in subsec. (d), substituted "not more than 30 years" for "of any term of years up to life imprisonment", and added the last sentence.
Emergency Act Amendments
For temporary (90-day) amendment of section, see §6(b) of the Sentencing Reform Emergency Amendment Act of 2000 (D.C. Act 13-410, August 11, 2000, 47 DCR 7271).
For temporary (90 day) amendment of section, see §6(b) of the Sentencing Reform Congressional Review Emergency Amendment Act of 2001 (D.C. Act 13-462, November 7, 2000, 47 DCR 9443).
Legislative History of Laws
For legislative history of D.C. Law 10-119, see Historical and Statutory Notes following §22-4502.
For Law 13-302, see notes following §22-4502.
References in Text
"Chapter 15 of Title 10, United States Code," referred to in (c), is codified at 10 U.S.C. §331, et seq.
"Chapter 402 of Title 18, United States Code (Federal Youth Correction Act)," referred to in subsection (d), was repealed effective October 12, 1984, by 98 Stat. 2027, Pub. L. 98-473, with delayed effective dates in certain cases.
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, §711 (D.C. Code, §1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to §714(a) of such Act (D.C. Code, §1-207.14(a)), appropriate changes in terminology were made in this section.

§22-4516 - Severability

If any part of this chapter is for any reason declared void, such invalidity shall not affect the validity of the remaining portions of this chapter.

History:

(July 8, 1932, 47 Stat. 654, ch. 465, §16.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications
1981 Ed., §22-3216.
1973 Ed., §22-3216.

§22-4517 - Dangerous articles; definition; taking and destruction; procedure
  1. As used in this section, the term "dangerous article" means:
    1. Any weapon such as a pistol, machine gun, sawed-off shotgun, blackjack, slingshot, sandbag, or metal knuckles; or
    2. Any instrument, attachment, or appliance for causing the firing of any firearms to be silent or intended to lessen or muffle the noise of the firing of any firearms.
  2. A dangerous article unlawfully owned, possessed, or carried is hereby declared to be a nuisance.
  3. When a police officer, in the course of a lawful arrest or lawful search, or when a designated civilian employee of the Metropolitan Police Department in the course of a lawful search, discovers a dangerous article which the officer reasonably believes is a nuisance under subsection (b) of this section the officer shall take it into his or her possession and surrender it to the Property Clerk of the Metropolitan Police Department.
    1. Within 30 days after the date of such surrender, any person may file in the office of the Property Clerk of the Metropolitan Police Department a written claim for possession of such dangerous article. Upon the expiration of such period, the Property Clerk shall notify each such claimant, by registered mail addressed to the address shown on the claim, of the time and place of a hearing to determine which claimant, if any, is entitled to possession of such dangerous article. Such hearing shall be held within 60 days after the date of such surrender.
    2. At the hearing the Property Clerk shall hear and receive evidence with respect to the claims filed under paragraph (1) of this subsection. Thereafter he or she shall determine which claimant, if any, is entitled to possession of such dangerous article and shall reduce his or her decision to writing. The Property Clerk shall send a true copy of such written decision to each claimant by registered mail addressed to the last known address of such claimant.
    3. Any claimant may, within 30 days after the day on which the copy of such decision was mailed to such claimant, file an appeal in the Superior Court of the District of Columbia. If the claimant files an appeal, he or she shall at the same time give written notice thereof to the Property Clerk. If the decision of the Property Clerk is so appealed, the Property Clerk shall not dispose of the dangerous article while such appeal is pending and, if the final judgment is entered by such court, he or she shall dispose of such dangerous article in accordance with the judgment of such court. The Superior Court of the District of Columbia is authorized to determine which claimant, if any, is entitled to possession of the dangerous article and to enter a judgment ordering a disposition of such dangerous article consistent with subsection (f) of this section.
    4. If there is no such appeal, or if such appeal is dismissed or withdrawn, the Property Clerk shall dispose of such dangerous article in accordance with subsection (f) of this section.
    5. The Property Clerk shall make no disposition of a dangerous article under this section, whether in accordance with his or her own decision or in accordance with the judgment of the Superior Court of the District of Columbia, until the United States Attorney for the District of Columbia certifies to the Property Clerk that such dangerous article will not be needed as evidence.
  5. A person claiming a dangerous article shall be entitled to its possession only if: (1) such person shows, on satisfactory evidence, that such person is the owner of the dangerous article or is the accredited representative of the owner, and that the ownership is lawful; (2) such person shows on satisfactory evidence that at the time the dangerous article was taken into possession by a police officer or a designated civilian employee of the Metropolitan Police Department, it was not unlawfully owned and was not unlawfully possessed or carried by the claimant or with his or her knowledge or consent; and (3) the receipt of possession by the claimant does not cause the article to be a nuisance. A representative is accredited if such person has a power of attorney from the owner.
  6. If a person claiming a dangerous article is entitled to its possession as determined under subsections (d) and (e) of this section, possession of such dangerous article shall be given to such person. If no person so claiming is entitled to its possession as determined under subsections (d) and (e) of this section, or if there be no claimant, such dangerous article shall be destroyed. In lieu of such destruction, any such serviceable dangerous article may, upon order of the Mayor of the District of Columbia, be transferred to and used by any federal or District Government law-enforcing agency, and the agency receiving same shall establish property responsibility and records of these dangerous articles.
  7. The Property Clerk shall not be liable in damages for any action performed in good faith under this section.

History:

(July 8, 1932, ch. 465, §18; Feb. 20, 1952, 66 Stat. 8, ch. 47, §1; July 29, 1970, 84 Stat. 570, Pub. L. 91-358, title I, §155(a); May 21, 1994, D.C. Law 10-119, §15(m), 41 DCR 1639; June 12, 1999, D.C. Law 12-284, §7, 46 DCR 1328.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications
1981 Ed., §22-3217.
1973 Ed., §22-3217.
Temporary Amendments of Section
Section 7 of D.C. Law 12-282 inserted "or when a designated civilian employee of the Metropolitan Police Department in the course of a lawful search" in (c); and, in (e), inserted "or a designated civilian employee of the Metropolitan Police Department."
Section 13(b) of D.C. Law 12-282 provided that the act shall expire after 225 days of its having taken effect.
Emergency Act Amendments
For temporary amendment of section, see §7 of the Metropolitan Police Department Civilianization and Street Solicitation for Prostitution Emergency Amendment Act of 1998 (D.C. Act 12-428, August 6, 1998, 45 DCR 5884).
For temporary amendment of section, see §7 of the Metropolitan Police Department Civilianization Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-506, November 10, 1998, 45 DCR 45 8139), and §7 of the Metropolitan Police Department Civilianization Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-13, February 8, 1999, 46 DCR 2333).
Legislative History of Laws
For legislative history of D.C. Law 10-119, see Historical and Statutory Notes following §22-4502.
For legislative history of D.C. Law 12-282, see Historical and Statutory Notes following §22-4514.
For legislative history of D.C. Law 12-284, see Historical and Statutory Notes following §22-4514.
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, §711 (D.C. Code, §1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to §714(a) of such Act (D.C. Code, §1-207.14(a)), appropriate changes in terminology were made in this section.

DIVISION VI - EDUCATION, LIBRARIES, AND CULTURAL INSTITUTIONS

TITLE 38 - EDUCATIONAL INSTITUTIONS

SUBTITLE I - PUBLIC EDUCATION-PRIMARY AND SECONDARY

CHAPTER 2 - Compulsory School Attendance and Expulsion

Subchapter II - Expulsion of Students

§38-231 - Expulsion of students who bring weapons into public schools

Absent extenuating circumstances, as determined on a case-by-case basis by the Superintendent of Schools, and consistent with the Individuals With Disabilities Education Act, approved October 30, 1990 (104 Stat. 1141; 20 U.S.C. 1400 et seq.), any student who brings a weapon into a District of Columbia Public School shall be expelled for not less than one year.

History:

(Apr. 9, 1997, D.C. Law 11-174, §2(a), 43 DCR 4500.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications
1981 Ed., §31-451.
Temporary Addition of Section
Section 2 of D.C. Law 11-173 enacted §31-451 through 31-454, comprising subchapter II of Chapter 4 of Title 31 [1981 Ed.].
Section 4(b) of D.C. Law 11-173 provided that the act shall expire after 225 days of its having taken effect.
Emergency Act Amendments
For temporary addition of subchapter, see §2(a)-(d) of the Expulsion of Students Who Bring Weapons into Public Schools Emergency Act of 1996 (D.C. Act 11-289, July 1, 1996, 43 DCR 3711), §2(a)-(d) of the Expulsion of Students Who Bring Weapons into Public Schools Congressional Review Emergency Act of 1996 (D.C. Act 11-398, October 9, 1996, 43 DCR 5692), §2(a)-(d) of the Expulsion of Student Who Bring Weapons Into Public Schools Second Congressional Review Emergency Act of 1996 (D.C. Act 11-467, December 30, 1996, 44 DCR 172), and §2(a)-(d) of the Expulsion of Students Who Bring Weapons Into Public Schools Congressional Review Emergency Act of 1997 (D.C. Act 12-22, March 3, 1997, 44 DCR 1770).
For temporary (90-day) authorization for payment of attorney fees, see §2703 of the Fiscal Year 2001 Budget Support Emergency Act of 2000 (D.C. Act 13-376, July 24, 2000, 47 DCR 6574).
For temporary (90-day) authorization for comprehensive special education transportation plans, see §2732 of the Fiscal Year 2001 Budget Support Emergency Act of 2000 (D.C. Act 13-376, July 24, 2000, 47 DCR 6574).
For temporary (90-day) authorization for payment of attorney fees, see §2(c) and 3(c) of the Fiscal Year 2001 Budget Support Second Emergency Amendment Act of 2000 (D.C. Act 13-393, August 14, 2000, 47 DCR 7032).
Legislative History of Laws
Law 11-173, the "Expulsion of Students Who Bring Weapons Into Public Schools Temporary Act of 1996," was introduced in Council and assigned Bill No. 11-539, which was retained by the CounciL. The Bill was adopted on first and second readings on June 4, 1996, and July 3, 1996, respectively. Signed by the Mayor on July 19, 1996, it was assigned Act No. 11-322 and transmitted to both Houses of Congress for its review. D.C. Law 11-173 became effective on April 9, 1997.
Law 11-174, the "Expulsion of Students Who Bring Weapons Into Public Schools Act of 1996," was introduced in Council and assigned Bill No. 11-540, which was referred to the Committee on Education and Libraries. The Bill was adopted on first and second readings on June 4, 1996, and July 3, 1996, respectively. Signed by the Mayor on July 19, 1996, it was assigned Act No. 11-323 and transmitted to both Houses of Congress for its review. D.C. Law 11-174 became effective on April 9, 1997.

§38-234 - Definitions
  1. For the purposes of this subchapter, the term "weapon" means a firearm and includes:
    1. Any weapon, including a starter gun, which will or is designed to or may be readily converted to expel a projectile by the action of an explosive:
    2. The frame or receiver of any weapon described in this subsection;
    3. Any firearm muffler or firearm silencer; or
    4. Any destructive device; the term "destructive device" means:
      1. Any explosive, incendiary, or poison gas;
      2. Bomb;
      3. Grenade;
      4. Rocket having a propellant charge of more than 4 ounces;
      5. Missile having an explosive or incendiary charge of more than a 1/4 ounce;
      6. Mine; or
      7. Any similar device.
    5. Any type of weapon which will, or which may be readily converted to, expel a projectile by the action of an explosive or other propellant, and which has any barrel with a bore of more than 1/2 an inch in diameter; and
    6. Any combination of parts either designed or intended for use in converting any device into any destructive device described in subparagraphs (e) and (f) of this paragraph and from which a destructive device may be readily assembled.
  2. The term "weapon" shall not include:
    1. An antique firearm;
    2. Any device which is neither designed nor redesigned for use as a weapon; or
    3. Any device, although originally designed for use as a weapon, which is redesigned for use as a signaling, pyrotechnic, line throwing, safety, or similar device.

History:

(Apr. 9, 1997, D.C. Law 11-174, §2(d), 43 DCR 4500.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications
1981 Ed., §31-454.
Temporary Addition of Section
See Historical and Statutory Notes following §38-231.
Emergency Act Amendments
For temporary addition of subchapter, see note to §38-231.
Legislative History of Laws
For legislative history of D.C. Law 11-173, see Historical and Statutory Notes following §38-231.
For legislative history of D.C. Law 11-174, see Historical and Statutory Notes following §38-231.

D.C. MUNICIPAL REGULATIONS

TITLE: 24 - PUBLIC SPACE AND SAFETY

Chapter: 24-22 - Public Disasters And Civil Disorders

§2201 - Emergency Regulations
  1. Whenever the Mayor has proclaimed the existence of an emergency pursuant to §2200, and until that state of emergency is terminated as provided for in §2202, the Mayor may order and promulgate, as he or she may deem necessary for the protection of the public and the welfare of the city, any or all of the emergency regulations provided for in §2201.3 through 2201.7, in whole or in part, and with such limitations and conditions as the Mayor may deem appropriate.
  2. Any emergency regulations ordered under this section shall be in effect only during the period of the emergency and in the area or areas of the District that the Mayor orders.
  3. The Mayor may order the imposition of a curfew in all of the District of Columbia commencing and ending at the times as the Mayor may specify.
  4. During the hours of a curfew, no person, other than persons officially designated by the Mayor, shall walk, run, loiter, stand, or motor upon any street, alley, or other public place within the designated area.
  5. The Mayor may order the prohibition of the sale or dispensing of alcoholic beverages, including beer and wine, altogether or by the bottle.
  6. The Mayor may order the prohibition of the sale or dispensing of gasoline or other inflammable materials or liquids, altogether or except by delivery into a tank permanently affixed to an operable motor-driven vehicle.
  7. The Mayor may order the prohibition of the sale, gift, or exchange of any firearm, ammunition, explosive, incendiary device, or other dangerous weapon.
  8. The Mayor may order the prohibition of the possessing or carrying upon any street, alley, or other public place, or in any vehicle upon any street, alley, or other public place, any firearm, ammunition, explosive, incendiary device, or other dangerous weapon; except by law enforcement officers and military personnel in the official exercise of their duty.
  9. The Mayor is authorized, whenever he or she has proclaimed the existence of an emergency situation pursuant to §2200, to perform the function of making regulations under D.C. Code §1-319 (1981), in addition to the regulations specifically authorized under this section.
  10. Emergency regulations shall continue in effect until terminated by proclamation of the Mayor; Provided, that no emergency regulation shall continue in effect beyond the termination of the state of emergency in connection with which it was issued.

SOURCE: Commissioners' Order No. 68-432, effective June 19, 1968, Article 48, §2, 5(c), (6) of the Police Regulations (May 1981).

CHAPTER: 24-23 - Guns And Other Weapons

§2300 - Discharge Of Weapons
  1. No gun, air gun, rifle, air rifle, pistol, revolver, or other firearm, cannon, or torpedo shall be discharged or set off in the District without a special written permit from the Chief of Police.
  2. This section shall not apply to licensed shooting galleries between 6:00 a.m. and 12:00 midnight on Monday through Saturday, or between the hours of 2:00 p.m. and 11:00 p.m. on Sundays.
  3. This section shall not apply to the discharge of firearms or explosives in a performance conducted in or at a regular licenses theater or show, or to a discharge of a registered firearm while it is being used to protect against a reasonably perceived threat of immediate harm to a person in the registrant's home.
  4. Upon application to the Mayor by the president of any private or public university, college, or other educational institution, or the president of the Board of Education of the District of Columbia, guns and rifles of small caliber may be used by the officers, instructors, and pupils of the school, upon receiving a permit for the discharge of arms from the Chief of Police.
  5. The permit issued under §2300.4 shall state the caliber of weapons allowed under the permit.
  6. Before a permit is issued, the president of the college, university, or other educational institution, or the president of the D.C. Board of Education, shall furnish the Chief of Police the written consent of the owners of a majority of the real property within a radius of two hundred feet (200 ft.) of the boundary lines of the lot or parcel of ground upon which the arms are to be discharged, unless the discharge is within an indoor, sound-proofed range.
  7. No place shall be used under the terms of §2300.4 until the Director of Consumer and Regulatory Affairs furnishes a certificate verifying that suitable precautions have been taken for the safety of the public and the protection of property by the erection of iron shields and other appliances that the Director may deem is necessary.

AUTHORITY: Unless otherwise noted, the authority for this chapter is the An Act approved July 8, 1932, 47 Stat. 650, ch. 465; as amended by An Act approved December 27, 1967, 81 Stat. §736, Pub. L. 90-226, title V, §501, D.C. Code 22-3201 et seq.; by the Firearms Control Regulations Act of 1975, D.C. Law 1-85, D.C. Code §6-2301 et seq. (1995 Repl. Vol.); and §29(d) of the Vital Records Act of 1981, D.C. Law 4-34, D.C. Code 1-337(g) (1992 Repl. Vol.).

SOURCE: Commissioners' Order No. 64-1397F, effective September 29, 1964, Article 9, §1 of the Police Regulations (May 1981); as amended by Notice of Emergency and Proposed Rulemaking published at 56 DCR 624 (January 16, 2009)[EXPIRED]; as amended by Notice of Final Rulemaking published at 56 DCR 4380 (June 5, 2009).

§2301 - Possession Of Weapons
  1. No person under the age of eighteen (18) years shall carry or have in his or her possession upon any street, avenue, road, alley, park, or other public space in the District, any gun, pistol, rifle, bean shooter, sling, projectile, dart, or other dangerous weapon of any character.
  2. Nothing in this section shall be construed as to prohibit a member of a duly authorized military organization from the proper use of the guns and other equipment used as a member of the organization.
  3. It shall not be lawful for any person to carry or have in his or her possession outside any building in the District an air rifle, air gun, air pistol, B-B gun, spring gun, blowgun, bowgun, or any similar type gun.
  4. Nothing in this section shall be construed as prohibiting the transportation of an air rifle, air gun, air pistol, B-B gun, spring, gun, blowgun, or bowgun, unloaded and securely wrapped, by a person who is eighteen (18) or more years of age.
  5. Nothing in this section shall be construed as prohibiting the use of an air rifle, air gun, air pistol, B-B gun, spring gun, blowgun, bowgun, or any similar type gun, where the use of the gun is supervised by a person eighteen (18) or more years of age in connection with the following:
    1. A theatrical performance or athletic contest;
    2. A licensed shooting gallery; or
    3. Use at other locations where the use of the guns is authorized by the Chief of Police.

SOURCE: Commissioners' Order No. 64-1397F, effective September 29, 1964, Article 9, §2, 4(b) of the Police Regulations (May 1981).

§2302 - Sale Or Transfer Of Weapons
  1. It shall unlawful for any person, firm, or corporation to sell, give, lend, rent, or otherwise transfer to any child under the age of eighteen (18) years any firearms, air rifle, air gun, air pistol, B-B gun, spring gun, blowgun, bowgun, or a similar type of gun; or ammunition, gunpowder, gun cap, cartridge primer, dynamite cap or detonator, B-B shot, pellet, projectile, dart, or other dangerous missile or explosive, in any quantity.
  2. Nothing in this section shall be construed as prohibiting the sale or other transfer of toy paper caps containing not more the twenty-five hundredths (.25) of a grain of explosive composition per cap.
  3. Nothing in this section shall be construed as prohibiting the transfer of any of the items listed in §2302.1 where the transfer is supervised by a person eighteen (18) or more years of age in connection with the following:
    1. A theatrical performance or athletic contest;
    2. A licensed shooting gallery; or
    3. Transfer at other locations where the use of the item is authorized by the Chief of Police.

SOURCE: Commissioners' Order No. 64-1397F, effective September 29, 1964, Article 9, §4 of the Police Regulations (May 1981).

§2305 - Registration Of Firearms: General Provisions
  1. The provisions of §§ 2305 through 2326 are issued by the Chief of Police (the "Chief") pursuant to the Firearms Control Regulations Act of 1975, effective September 24, 1976 (D.C. Law 1-85; D.C. Official Code §§ 7-2501.01 et seq. (2012 Repl. & 2013 Supp.)) (the "Act"), specifically § 206(b) of the Act, to prescribe procedures for registration of firearms.
  2. The Director is authorized by the Act to prescribe all forms required to implement the Act. All the information called for in each form shall be furnished, as indicated by the headings on the form and the instructions that are on each form or that are issued with respect to each form.
  3. The Chief shall register no more than one (1) pistol per registrant during any thirty- (30-) day period; provided, that this restriction shall apply only to the initial registration of a pistol and not to the renewal of the registration of a pistol.
  4. The Chief may permit a person first becoming a District resident to register more than one (1) pistol if those pistols were lawfully owned in another jurisdiction for a period of six (6) months prior to the date of application.
  5. Under § 207a of the Act (D.C. Official Code § 7-2502.07a (2013 Supp.)), a registration certificate issued by the Chief shall be valid for three (3) years from the date of issuance and must be renewed pursuant to § 2326 of this chapter.

SOURCE: Final Rulemaking published at 23 DCR 8942 (May 6, 1977), incorporating text of the Proposed Rulemaking published at 23 DCR 7061, 7070 (March 4, 1977); 35 DCRR §300, 307, November 1980, Special Edition; as amended by Notice of Emergency and Proposed Rulemaking published at 56 DCR 624 (January 16, 2009)[EXPIRED]; as amended by Notice of Final Rulemaking published at 56 DCR 4380 (June 5, 2009); as amended by Final Rulemaking published at 60 DCR 17215 (December 27, 2013).

§2306 - Destructive Devices
  1. Any person may request the Director to make a determination whether a device falls within the exception to the definition of "destructive device" set forth in § 101(7)(E)(iv) of the Act (D.C. Official Code § 7-2501.01(7)(E)(iv) (2013 Supp.)).
  2. Each request for a determination shall be in writing, state the name and address of the manufacturer(s) of the device, accurately describe the device, and give the reasons the requestor believes the device qualifies for placement on the list.
  3. No person requesting a determination for a device already possessed by the requestor shall be charged with a violation of the Act prior to the adoption of a final rule.

SOURCE: Final Rulemaking published at 23 DCR 8942 (May 6, 1977), incorporating text of the Proposed Rulemaking published at 23 DCR 7061, 7079 (March 4, 1977); 35 DCRR §319, November 1980, Special Edition; as amended by Final Rulemaking published at 60 DCR 17215 (December 27, 2013).

§2307 - Criminal Disqualifications For Registration
  1. For the purposes of §§ 203(a)(2), 203(a)(3), and 203(a)(4) of the Act, the following records shall be used to determine whether there is prima facie evidence of a disqualification:
    1. A criminal history record information (as defined in 28 CFR § 20.3(d)) with a disposition showing a conviction or a sentence (including a suspended sentence, probation, incarceration, or a fine); or
    2. A court record showing a conviction or a sentence.
  2. Only convictions rendered by the courts of the several states, territories, possessions, and federal tribunals, including those of the military, shall be considered.
  3. The pendency of an appeal, or of any other judicial or non-judicial review, shall not be considered until the entry of a final order setting aside the conviction. Non-judicial review includes the pardon authority of the jurisdiction where the conviction was obtained.
  4. The time period preceding an application for registration shall be computed by using the date of the applicant's signature on form P.D. 219 as the end of the period of time to be computed.

SOURCE: Final Rulemaking published at 23 DCR 8942 (May 6, 1977), incorporating text of the Proposed Rulemaking published at 23 DCR 7061, 7067 (March 4, 1977); 35 DCRR §306, November 1980, Special Edition; as amended by Final Rulemaking published at 60 DCR 17215 (December 27, 2013).

§2308 - Medical Disqualifications For Registration
  1. The records described in §2307.1 shall also be used to establish whether a person was acquitted of a criminal charge by reason of insanity or adjudged a chronic alcoholic.
  2. Any official court or medical record revealing a civil judgment of chronic alcoholism or involuntary commitment to a private or public facility for chronic alcoholism shall establish the existence of that condition or disease for the purpose of disqualification imposed by §203(a)(5) of the Act.
  3. Any medical certification submitted to lift the disqualification imposed by §203(a)(5) of the Act shall meet the following criteria:
    1. Be written on the official letterhead of the institution or physician treating the person;
    2. Be signed by the treating physician, head of the treating physician's department, or medical director of the treating institution (signatures of non-medical administrative personnel shall not be acceptable);
    3. Describe the condition from which the applicant has recovered, including physical manifestations of the disease, such as tremors or blackouts; and
    4. State whether the person, in the certifying physician's opinion, is capable of the safe and responsible possession of the type of firearm for which an application has been filed.
  4. With respect to medical certifications to lift the disqualifier imposed by §203(a)(6) of the Act upon persons voluntarily or involuntarily committed to a mental hospital or institution, the requirements imposed by §2308.3 shall be applicable.
  5. Physical defects indicating that an applicant would not be able to safely and responsibly possess and use a firearm as required by §203(a)(7) of the Act include those conditions that, to the examining officer, visibly prevent or substantially interfere with the ability to hold, load, aim, fire, clean, or protect the weapon.

SOURCE: Final Rulemaking published at 23 DCR 8942 (May 6, 1977), incorporating text of the Proposed Rulemaking published at 23 DCR 7061, 7068 (March 4, 1977); 35 DCRR §306, November 1980, Special Edition; as amended by Final Rulemaking published at 60 DCR 17215 (December 27, 2013).

§2309 - Other Disqualifications For Registration
  1. A firearm shall not be registered if the applicant meets any of the following conditions:
    1. The entry of a judgment or consent order or decree of negligence in any civil suit concerning the discharge of a firearm resulting in death or serious injury to a human being without regard to the filing of criminal charges, or the finding by a coroner of negligent homicide, shall be considered an adjudication of negligence to establish the disqualifier in § 203(a)(8) of the Act. For the purposes of this subsection, "serious injury" shall be deemed to have occurred where the victim remains in a hospital in excess of forty-eight (48) hours;
    2. [RESERVED];
    3. The existence of a record described in § 2307.1 showing a conviction which makes a person ineligible to possess a pistol under D.C. Official Code § 22-4503 (2013 Supp.) shall establish that the person is disqualified from possessing a rifle or shotgun under § 203(a)(9) of the Act;
    4. A court record showing the applicant is a respondent in an intrafamily proceeding in which a civil protection order was issued against the applicant, unless the applicant can demonstrate by a certified court record establishing that the order has expired or has been rescinded for a period of five (5) years;
    5. A court record showing the applicant is a respondent in which a foreign protection order (as defined in D.C. Official Code § 16-1041(2) (2012 Repl.)) was issued against the applicant, unless the applicant can demonstrate by a certified court record establishing that the order has expired or has been rescinded for a period of five (5) years;
    6. Arrest records within the five (5) years immediately preceding the application, showing that the applicant has had a history of violent behavior. For purposes of this subsection, "history of violent behavior" includes, but is not limited to, arrests for violation of D.C. Official Code § 22-407 (2012 Repl.), regarding threats to do bodily harm, or D.C. Official Code § 22-404 (2012 Repl.), regarding assaults and threats, any crime of violence as defined in D.C. Official Code § 23-1331(4) (2013 Supp.), or any similar provision of the law of any other jurisdiction so as to indicate a likelihood to make unlawful use of a firearm;
    7. Two (2) or more violations of D.C. Official Code 50-2201.05b (2012 Repl.) or any law in the District or another jurisdiction restricting driving under the influence of drugs or alcohol; or
    8. Any other provision enumerated in D.C. Official Code § 7-2502.03(a) (2013 Supp.).

SOURCE: Final Rulemaking published at 23 DCR 8942 (May 6, 1977), incorporating text of the Proposed Rulemaking published at 23 DCR 7061, 7069 (March 4, 1977); 35 DCRR §306, November 1980, Special Edition; as amended by Notice of Emergency and Proposed Rulemaking published at 56 DCR 624 (January 16, 2009)[EXPIRED]; as amended by Notice of Final Rulemaking published at 56 DCR 4380, 4381 (June 5, 2009); as amended by Final Rulemaking published at 60 DCR 17215 (December 27, 2013).

§2310 - Age And Vision Requirements
  1. To establish age as required by § 203(a)(1) of the Act, a valid driver's license, birth certificate, or other government document requiring a date of birth under penalty of perjury shall be acceptable.
  2. A valid driver's license from any state, territory, or possession, or an international driver's license or one issued by the military shall, in the case of a new resident, be treated the same as if it had been issued by the District.
  3. When a District permit is obtained, the applicant shall communicate the permit number to the Firearms Registration Section.
  4. To establish that the applicant complies with the vision requirements of § 203(a)(11) of the Act, the applicant shall certify in writing, on a form provided by the Firearms Registration Section, that the applicant's vision is not impaired more than 20/200 visual acuity in the better eye and for whom vision cannot be improved to better than 20/200, or who has loss of vision due wholly or in part to impairment of field of vision or to other factors which affect the usefulness of vision to a like degree.
  5. If the Firearms Registration Section determines there are reasonable grounds to believe that the certification provided in § 2310.4 is not accurate, the Firearms Registration Section may require the applicant to obtain a certification from a licensed optometrist that the applicant meets the vision requirement of § 203(a)(11) of the Act.

SOURCE: Final Rulemaking published at 23 DCR 8942 (May 6, 1977), incorporating text of the Proposed Rulemaking published at 23 DCR 7061, 7067 (March 4, 1977); 35 DCRR §306, November 1980, Special Edition; as amended by Final Rulemaking published at 60 DCR 17215 (December 27, 2013).

§2311 - Knowledge Of Firearms And Training Requirements
  1. Knowledge of the laws of the District pertaining to firearms, and knowledge of the safe and responsible use of firearms, shall be tested through a written examination.
  2. Under compelling circumstances, an oral test may be administered in place of the written test.
  3. The type of test and its content shall be at the sole discretion of the Director.
  4. [RESERVED].
  5. [RESERVED].
  6. Rifles and shotguns shall be considered the same type of firearm for the purposes of testing.
  7. If an applicant fails an examination, he or she shall be allowed one (1) retest without charge.
  8. A fee equal to that submitted with the original application may, at the discretion of the Director, be assessed for the second retest and for each subsequent retest.
  9. An applicant shall complete a firearms training and safety class provided by the Chief or submit evidence of compliance with § 203(a)(13)(B) of the Act.

SOURCE: Final Rulemaking published at 23 DCR 8942 (May 6, 1977), incorporating text of the Proposed Rulemaking published at 23 DCR 7061, 7069 (March 4, 1977); 35 DCRR §306, November 1980, Special Edition; as amended by Notice of Emergency and Proposed Rulemaking published at 56 DCR 624 (January 16, 2009)[EXPIRED]; as amended by Notice of Final Rulemaking published at 56 DCR 4380, 4381 (June 5, 2009); as amended by Final Rulemaking published at 60 DCR 17215 (December 27, 2013).

§2312 - Fingerprints And Photographs
  1. Each person registering a firearm or renewing a registration pursuant to § 2326 shall be fingerprinted, unless all of the following apply:
    1. [RESERVED];
    2. The applicant's fingerprints on file are, in the opinion of the Director, of the required quality; and
    3. The applicant offers sufficient identification to establish the applicant's identity as the same person whose fingerprints are already on file.
  2. Each person registering a firearm shall be photographed, at no charge, by the Director and the photograph shall be included as part of the registration application.

SOURCE: Final Rulemaking published at 23 DCR 8942 (May 6, 1977), incorporating text of the Proposed Rulemaking published at 23 DCR 7061, 7070 (March 4, 1977); 35 DCRR §308, 309, November 1980, Special Edition; as amended by Final Rulemaking published at 60 DCR 17215 (December 27, 2013).

§2313 - Personal Appearance And Filing Time
  1. In accordance with § 203 of the Act (D.C. Official Code § 7-2502.04(c) (2013 Supp.)), each applicant for a registration certificate shall personally present the required form at the Firearms Registration Section, during operating hours.
  2. Multiple applications submitted at one (1) time shall be accepted on the basis of a single personal appearance.
  3. The Director may waive the requirement for a personal appearance in emergency situations, including cases where the applicant is out of the country, in the hospital, or not ambulatory; provided, that the application shall be accepted for processing, but shall not be approved until the applicant appears in person.
  4. If the condition preventing the personal appearance is permanent or continuing in nature, the Director may, in his or her discretion, satisfy this requirement by interviewing the applicant at a place convenient to the applicant.
  5. When a personal appearance is not made, an appropriate notation shall be made on the application showing that fact, together with the name, address, phone number, and relationship to the applicant of the person presenting the application on the person's behalf.
  6. A person other than the president or chief executive of an organization may submit an application if that person presents with the application a letter on the organization's official letterhead signed by the president or chief executive of the organization, stating the name of the person appearing, that person's position within the organization, and the identity of the weapon he or she is authorized to present for registration.
  7. When submitting an application, an applicant shall not have the firearm to be registered in his or her possession.
  8. The Director may require an applicant to return with the firearm if it appears to the Director that any of the following conditions may apply:
    1. That the person is unqualified or incapable of safe and responsible possession or use of the firearm;
    2. That the firearm may be unregisterable, defective, or in a dangerous condition or state of disrepair; or
    3. That the information relating to the weapon on the application is incorrect, misleading, or incomplete.
  9. A person shall be deemed to be in compliance with the personal notification requirements of § 206(a) of the Act (D.C. Official Code § 7-2502.06(a) (2013 Supp.)) if he or she, immediately after bringing a firearm into the District, telephonically notifies the Firearms Registration Section at 202-727-4275.

SOURCE: Final Rulemaking published at 23 DCR 8942 (May 6, 1977), incorporating text of the Proposed Rulemaking published at 23 DCR 7061, 7071 (March 4, 1977); 35 DCRR §310, 311, November 1980, Special Edition; as amended by Final Rulemaking published at 60 DCR 17215 (December 27, 2013).

§2314 - Issuance Of Registration Certificates
  1. Upon receipt of a properly completed application including photographs, fingerprints, and the required fee, the applicant shall be given a copy of the application form which indicates the fee has been paid.
  2. The Director shall make any inquiry and investigation as he or she shall deem necessary to determine whether the applicant is entitled and qualified to receive a registration certificate, including the following:
    1. Inquiry and investigation of the applicant's criminal history;
    2. Record checks;
    3. Submission of fingerprints to the F.B.I.; and
    4. Verification of the information supplied on the form through interviews or other investigative techniques.
  3. An applicant may be asked to supplement information originally submitted.
  4. If the Director finds the applicant eligible, the applicant shall be sent another copy of the application form which shall bear a unique registration number. This copy of the application form shall be retained by the applicant as his or her registration certificate.

SOURCE: Final Rulemaking published at 23 DCR 8942 (May 6, 1977), incorporating text of the Proposed Rulemaking published at 23 DCR 7061, 7073 (March 4, 1977); 35 DCRR §313, November 1980, Special Edition.

§2315 - Approval Period
  1. The sixty- (60-) day period for issuance of a certificate under § 207 of the Act (D.C. Official Code § 7-2502.07(b) (2012 Repl.)) may be extended for good cause in the event that the investigation into the applicant's qualifications has not been completed.
  2. Reasons that an extension may be granted for good cause shall include the following:
    1. Non-receipt of the results of an F.B.I. fingerprint check;
    2. Non-receipt of responses from other law enforcement agencies queried about the applicant;
    3. Lost, mutilated, or destroyed records requiring reproduction or replacement; or
    4. A substantial question concerning the applicant's eligibility that requires further inquiry.
  3. Any extension taken shall not exceed thirty (30) calendar days.
  4. The applicant shall be notified of the extension by letter.
  5. An application shall be automatically held in abeyance if the applicant has any other certificate pending, or becomes liable to revocation on any other certificate.
  6. An application that has been held under § 2315.5 shall be approved or denied in accordance with the time limits set forth in this section, after the termination of the revocation proceeding.
  7. Except as provided in § 2315.5, any application not expressly approved or denied within the following periods shall be deemed to be denied for the purpose of appealing to the Director:
    1. Within the sixty- (60-) day period required in the Act, unless the period is extended for good cause shown in accordance with this section; or
    2. At the end of the thirty- (30-) day extension period under this section.

SOURCE: Final Rulemaking published at 23 DCR 8942 (May 6, 1977), incorporating text of the Proposed Rulemaking published at 23 DCR 7061, 7074 (March 4, 1977); 35 DCRR §314, November 1980, Special Edition; as amended by Final Rulemaking published at 60 DCR 17215 (December 27, 2013).

§2316 - Correction Of Certificates
  1. Each applicant receiving a registration certificate shall immediately examine it to determine if it contains any incorrect information.
  2. If any error is found in the registration certificate, the applicant shall return it either by mail or in person to the Firearms Registration Section, together with a statement showing the error and the correct information.
  3. If the error occurred as a result of information supplied by the applicant, the applicant shall submit with the statement and certificate a fee equal to the fee paid at the time of the initial filing.
  4. If a certificate is returned without the payment of the additional fee, and it is determined to include erroneous data supplied by the applicant, the certificate shall be held at the Firearms Registration Section until the fee is paid. The applicant shall be notified of this action by mail.
  5. If the applicant fails to pay the additional fee within fifteen (15) calendar days of the notice, the certificate shall be revoked. A notice of revocation shall be sent to the applicant.
  6. Errors appearing on the certificate through inadvertence or error on the part of the Firearms Registration Section shall be corrected without charge to the applicant.
  7. If the Firearms Registration Section discovers an error, it shall notify the holder of the certificate and require the holder to return it to the Section. The procedures set forth in this section shall apply, as appropriate.

SOURCE: Final Rulemaking published at 23 DCR 8942 (May 6, 1977), incorporating text of the Proposed Rulemaking published at 23 DCR 7061, 7075 (March 4, 1977); 35 DCRR §315, November 1980, Special Edition.

§2317 - Lost, Stolen, Or Destroyed Certificates
  1. Upon discovering the loss, theft, or destruction of a registration certificate or firearm, the holder of the certificate shall immediately communicate this fact in writing or in person to the Firearms Registration Section in accordance with § 208 of the Act (D.C. Official Code § 7-2502.08 (2013 Supp.)).
  2. Each written communication concerning a certificate shall contain sufficient information to identify the holder.
  3. The filing of an offense report or complaint of a crime with respect to the loss, theft, or destruction of the certificate or weapon shall be deemed to be in compliance with this section.
  4. The holder of a destroyed, lost, or stolen certificate shall be issued a duplicate certificate without charge.
  5. The reissued certificate shall be prominently marked as a duplicate, and the issuance of the duplicate certificate shall automatically invalidate the lost, destroyed, or stolen certificate.

SOURCE: Final Rulemaking published at 23 DCR 8942 (May 6, 1977), incorporating text of the Proposed Rulemaking published at 23 DCR 7061, 7076 (March 4, 1977); 35 DCRR §317, November 1980, Special Edition; as amended by Final Rulemaking published at 60 DCR 17215 (December 27, 2013).

§2318 - Modification Of Certificates
  1. If the information contained in the certificate is no longer accurate due to the holder's changed circumstances, the holder shall, in accordance with § 208 of the Act (D.C. Official Code § 7-2502.08 (2013 Supp.)), submit the certificate and a statement concerning the changes.
  2. A duplicate certificate showing the changes as reported shall be issued without charge.
  3. Issuance of the duplicate certificate shall automatically invalidate the previously held certificate.

SOURCE: Final Rulemaking published at 23 DCR 8942 (May 6, 1977), incorporating text of the Proposed Rulemaking published at 23 DCR 7061, 7076 (March 4, 1977); 35 DCRR §317, November 1980, Special Edition; as amended by Final Rulemaking published at 60 DCR 17215 (December 27, 2013).

§2319 - Executors And Administrators
  1. The executor or administrator of an estate in the District of Columbia containing a firearm shall notify the Firearm Registration Section of his or her appointment or qualification, as the case may be, not later than thirty (30) days after the appointment or qualification and, until the lawful distribution of any such firearm, shall be subject to § 301(b) of the Act.
  2. The notice required under § 2319.1 shall include the following:
    1. The name, mailing address and telephone number of the executor or administrator;
    2. The registration number of the firearm, if available, or a description of the firearm including, the make, model, and serial number; and
    3. The name, address and telephone number of the decedent.
  3. Persons qualified to file a petition for distribution or for waiver of administration under Chapter 7 of Title 20 of the D.C. Official Code shall be considered to be executor or administrator of the small estate for the purposes of this section.
  4. If the Director determines that the firearm was not registered or was otherwise possessed in violation of the Act, the Director shall so notify the executor or administration in writing.
  5. If the executor or administrator receives a notification issued under § 2319.4, he or she shall, within seven (7) days of receiving the notification:
    1. Surrender the firearm to the Firearm Registration Section;
    2. Lawfully remove the firearm from the District;
    3. Lawfully dispose of the firearm; or
    4. Submit a written appeal to the Director of the determination issued under § 2319.4.
  6. The executor or administrator shall not distribute any firearm in an estate to an heir or legatee that resides in the District unless the person to inherit or receive the firearm has first obtained a valid registration certification for the firearm. The registration application shall include a statement by the applicant that he or she seeks to gain possession of a firearm which is part of an estate and shall include the information required under § 2319.2.
  7. For an heir or legatee that resides outside the District, the executor or administrator shall notify the Firearm Registration Section, in writing, that the firearm in the estate has been distributed to a person living outside the District.

SOURCE: Final Rulemaking published at 24 DCR 2607 (September 30, 1977); as amended by Final Rulemaking published at 60 DCR 17215 (December 27, 2013).

§2320 - Procedures And Requirements For Registration Of A Pistol For The Purpose Of Self-defense Within Applicant's Home
  1. In addition to satisfying all other firearms registration requirements in this chapter, an applicant for a registration certificate for a pistol to be used for the purpose of self-defense within that person's home shall comply with all the procedures and requirements of this section. In the event of any irreconcilable conflict between this section and any other regulations regarding the registration of a pistol, this section shall control.
  2. The Director may register a pistol so long as the pistol is not an assault weapon, or a machine gun as those terms are defined in § 101(3A) and (10) of the Act (D.C. Official Code § 7-2501.01(3A) & (10) (2013 Supp.)), or an unsafe firearm prohibited under § 504 of the Act (D.C. Official Code § 7-2504.04 (2012 Repl.)).
  3. An applicant seeking to register a pistol he or she will purchase from a firearms dealer pursuant to this section shall:
    1. Acquire the firearm registration application (P.D. 219) either from any licensed firearms dealer in the District of Columbia, or in person at the Firearms Registration Section at the Metropolitan Police Department headquarters, or by mailing a request with a self-addressed, stamped envelope to Firearms Registration Section, Metropolitan Police Department, 300 Indiana Avenue, NW, Washington, D.C. 20001;
    2. Obtain assistance necessary to complete the application by presenting the firearm registration application to a firearms dealer licensed under federal law either:
      1. Located inside the District if the firearm is purchased within the District; or
      2. Located outside the District if the firearm is purchased outside the District;
    3. Appear in person at MPD headquarters to take these steps:
      1. Report to the Firearms Registration Section with the completed firearm registration application and provide the following:
        1. [RESERVED];
        2. A valid driver's license or a letter from a physician attesting that the applicant has vision at least as good as that required for a driver's license; and
        3. Residency verification, such as a District of Columbia driver's license or identification card, a current rental agreement, or a deed to property that includes a home;
      2. Complete a Firearm Registration test;
      3. If successful on the test, pay all applicable fees at the MPD cashier, including thirty-five dollars ($35) for fingerprinting and thirteen dollars ($13) for a firearm registration; and
      4. Present a fee receipt and submit to fingerprinting.
    4. Await notification from the Firearms Registration Section via mail, telephone, or other electronic communication on whether all statutory and regulatory requirements for registration have been satisfied;
    5. Upon notification that all statutory and regulatory requirements for registration have been satisfied, an applicant shall either:
      1. Return to the Firearms Registration Section to complete the registration process and obtain the approved firearms registration certificate; or
      2. Choose to receive the completed firearms registration certificate by mail; and
    6. Present the approved firearm registration application to the dealer licensed under federal law or, if federal law such as 18 U.S.C. § 922 prohibits the dealer from delivering the pistol to the applicant because the dealer is not within the District of Columbia, have that firearms dealer transport the pistol to a dealer located within the District, where the applicant will take delivery of the pistol.
  4. [RESERVED].
  5. An applicant seeking to register a pistol legally possessed in another jurisdiction pursuant to this section shall follow the procedure laid out in Paragraphs (a), (c), (d), and (e) of § 2320.3, in that order. If the applicant does not transport the pistol immediately to the Firearms Registration Section upon bringing it into the District, the applicant shall contact the Firearms Registration Section by calling 202-727-4275, providing notification that a pistol from another jurisdiction has been brought into the District, and then begin the application process within forty-eight (48) hours of such notification.
  6. [RESERVED].
  7. In the event of the loss, theft, or destruction of the registration certificate or of a registered pistol, a registrant shall immediately file a police report and shall also:
    1. Immediately notify the Firearms Registration Section in writing of the loss, theft, or destruction of the registration certificate or of the registered pistol (including the circumstances, if known) upon discovery of such loss, theft, or destruction; and
    2. Immediately return to the Firearms Registration Section the registration certificate for any pistol which is lost, stolen, or destroyed.
  8. [RESERVED].
  9. When permitted under this section to transport a pistol, the pistol shall be unloaded, and neither the pistol nor any ammunition being transported shall be readily accessible or directly accessible from the passenger compartment of the transporting vehicle.
  10. If the transporting vehicle does not have a compartment separate from the driver's compartment, the pistol or ammunition shall be contained in a locked container other than the glove compartment or console, and the pistol shall be unloaded.
  11. If the transportation is in a manner other than in a vehicle, the pistol shall be:
    1. Unloaded;
    2. Inside a locked container; and
    3. Separate from any ammunition.

Source: Notice of Emergency and Proposed Rulemaking published at 56 DCR 624 (January 16, 2009)[EXPIRED]; as amended by Notice of Final Rulemaking published at 56 DCR 4380, 4382 (June 5, 2009); as amended by Notice of Final Rulemaking published at 58 DCR 8240 (September 23, 2011); as corrected by Errata Notice published at 58 DCR 8577 (October 7, 2011); as amended by Final Rulemaking published at 60 DCR 17215 (December 27, 2013).

§2321 - Qualifications And Procedures To Obtain A Firearms Dealer's License
  1. A person is eligible to become a licensed dealer of firearms if that person:
    1. Is eligible to register a firearm under this chapter;
    2. Is eligible under federal law to engage in such business; and
    3. Has not previously violated any statutory duty of a licensed dealer if that person earlier was a licensed dealer.
  2. The license issued to a firearms dealer shall be valid for a period of not more than one (1) year from the date of issuance.
  3. To deal firearms lawfully, the holder of a firearms dealer's license must also comply with any other license or zoning procedures required by law, including having a certificate of occupancy and a basic business license issued by the Department of Consumer and Regulatory Affairs in accordance with applicable provisions in the District of Columbia Municipal Regulations.
  4. Prior to applying to the Firearms Registration Section for a firearm dealer's license, an applicant must first obtain a Federal Firearms Dealer's License issued by the Bureau of Alcohol, Tobacco, and Firearms.
  5. Each application for a dealer's license and renewal shall be made on a form prescribed by the Chief, shall be sworn to or affirmed by the applicant, and shall contain:
    1. All information required by § 203 of the Act (D.C. Official Code § 7-2502.03 (2013 Supp.));
    2. The address where the applicant conducts or intends to conduct his/her business;
    3. Whether the applicant, prior to September 24, 1976, held a license to deal in deadly weapons in the District; and
    4. Such other information as the Chief may require including, but not limited to, fingerprints and photographs of the applicant.

Source: Notice of Emergency and Proposed Rulemaking published at 56 DCR 624 (January 16, 2009)[EXPIRED]; as amended by Notice of Final Rulemaking published at 56 DCR 4380, 4385 (June 5, 2009); as amended by Final Rulemaking published at 60 DCR 17215 (December 27, 2013).

§2323 - District Roster Of Handguns Determined Not To Be Unsafe
  1. The Metropolitan Police Department shall establish the District Roster of Handguns Determined Not to be Unsafe (District Roster). Pursuant to subsections 504(e)(4) and 504(f) of the Firearms Regulations Control Act of 1975 (Act), effective March 31, 2009 (D.C. Law 17-0372; 56 DCR 1365), the District Roster shall constitute the roster of pistols that may be manufactured, sold, given, loaned, exposed for sale, transferred, or imported into the District of Columbia notwithstanding subsection 504(a) of the Act, and that may be owned or possessed within the District of Columbia notwithstanding subsection 504(b) of the Act.
  2. The District Roster shall include:
    1. Any pistol that is on the California Roster of Handguns Certified for Sale (also known as the California Roster of Handguns Determined Not to be Unsafe) (California Roster), pursuant to California Penal Code §12131, as of January 1, 2009, unless such pistol is an unregisterable firearm pursuant to section 202 of the Firearms Regulations Control Act of 1975, effective March 31, 2009 (D.C. Law 17-0372; 56 DCR 1365);
    2. Any pistol that was listed on the California Roster prior to January 1, 2009, which was, or is subsequently, removed from the California Roster for any reason not related to the pistol's safety;
    3. Any pistol listed on the January 1, 2009, Maryland Department of State Police Official Handgun Roster, as of January 1, 2009, published as Attachment A to this section, unless such pistol is an unregisterable firearm pursuant to section 202 of the Firearms Regulations Control Act of 1975, effective March 31, 2009 (D.C. Law 17-0372; 56 DCR 1365); and
    4. Any pistol listed on the Commonwealth of Massachusetts Executive Office of Public Safety and Security Approved Firearms Roster, as of April 2, 2009, published as Attachment B to this section, unless such pistol is an unregisterable firearm pursuant to section 202 of the Firearms Regulations Control Act of 1975, effective March 31, 2009 (D.C. Law 17-0372; 56 DCR 1365).
  3. A pistol shall be deemed to be included on the District Roster if another pistol made by the same manufacturer is already listed and the unlisted pistol differs from the listed firearm only in one or more of the following features:
    1. Finish, including, but not limited to, bluing, chrome-plating, oiling, or engraving.
    2. The material from which the grips are made.
    3. The shape or texture of the grips, so long as the difference in grip shape or texture does not in any way alter the dimensions, material, linkage, or functioning of the magazine well, the barrel, the chamber, or any of the components of the firing mechanism of the pistol.
    4. Any other purely cosmetic feature that does not in any way alter the dimensions, material, linkage, or functioning of the magazine well, the barrel, the chamber, or any of the components of the firing mechanism of the pistol.
  4. Any applicant seeking to have a pistol registered under subsection 2323.3 shall provide to the Chief all of the following:
    1. The model designation of the listed firearm.
    2. The model designation of each firearm that the applicant seeks to have registered under this section.
    3. A statement, under oath, that each unlisted pistol for which registration is sought differs from the listed pistol only in one or more of the ways identified in subdivision (a) and is in all other respects identical to the listed pistol.
  5. Any decision refusing registration pursuant to this section may be appealed to the Chief pursuant to section 210 of the Firearms Regulations Control Act of 1975, effective March 31, 2009 (D.C. Law 17-0372; 56 DCR 1365), and thereafter to the Office of Adjudication and Hearings pursuant to subsection (b-2) of section 6 of the Office of Administrative Hearings Establishment Act of 2001, effective March 31, 2009 (D.C. Law 17-0372; 56 DCR 1365). In any such appeal, the applicant shall bear the burden of demonstrating that the Chief's decision should be reversed and registration permitted.
  6. The make and model of any pistol registered pursuant to §2323.3 through 2323.5 shall be recorded by the Metropolitan Police Department in such a manner to allow the Chief to waive the requirements of §2323.4 in the event an additional applicant seeks registration for an identical pistol.

District of Columbia Firearm Rosterr

SOURCE: Notice of Final Rulemaking published at 56 DCR 8745 (November 6, 2009), incorporating text of Proposed Rulemaking published at 56 DCR 4782 (June 19, 2009); as amended by Final Rulemaking published at 60 DCR 17215 (December 27, 2013).

§2324 - Interpretation Of Assault Weapons Definition
  1. Section 101 paragraph 3A of the Firearms Regulations Control Act of 1975 (Act), effective March 31, 2009 (D.C. Law 17-0372; 56 DCR 1365.), defined the term "assault weapon", and section 202(a)(6) of the Act declared that "assault weapons" may not be registered in the District.
  2. In those instances where the definition of "assault weapon" refers to a firearms manufacturer or description without including a specific model reference, the term "assault weapon" shall be interpreted to include only those firearms produced by such manufacturer, or possessing such description, that share characteristics similar to other enumerated firearms in section 101 paragraph 3A(A)(i)(I)) through (III) of the Act, or possess any of the enumerated characteristics listed in section 101 paragraph 3A(A)(i)(IV) through (VIII) and 3A(A)(ii) through (iii) of the Act.
  3. A firearm that is produced by a manufacturer or possesses a description that is included in the definition of "assault weapon" referred to in §2324.1, but which does not share characteristics similar to the enumerated firearms, or the enumerated characteristics described in §2324.2, may be registered, provided that the firearm is not otherwise prohibited from registration under District or Federal law or regulation.

SOURCE: Notice of Final Rulemaking published at 56 DCR 8745 (November 6, 2009), incorporating text of Proposed Rulemaking published at 56 DCR 4782 (June 19, 2009); as amended by Final Rulemaking published at 60 DCR 17215 (December 27, 2013).

§2325 - Pre-1985 Pistols
  1. Any pistol with a single action firing mechanism manufactured prior to 1985 shall be exempt from the application of section 504 of the Firearms Regulations Control Act of 1975, effective March 31, 2009 (D.C. Law 17-0372; 56 DCR 1365).
  2. Any pistol manufactured prior to 1985, not subject to§2325.1, shall be deemed included on the District Roster established pursuant to §2323.

SOURCE: Notice of Final Rulemaking published at 56 DCR 8746 (November 6, 2009), incorporating text of Proposed Rulemaking published at 56 DCR 5434 (July 3, 2009); as amended by Final Rulemaking published at 60 DCR 17215 (December 27, 2013).

§2326 - Renewal Of Firearm Registration
  1. Pursuant to § 207a of the Act, a registration certificate shall expire three (3) years after the date of issuance, unless renewed in accordance with the Act and this section or otherwise stated in law or regulation.
  2. Firearms registered before January 1, 2011 shall be renewed as follows:
    1. A registrant shall appear in person at the Firearms Registration Section and submit an attestation containing the following information:
      1. Confirmation that the registrant continues to possess the firearm or firearms that were previously registered;
      2. The registrant's current residential address; and
      3. Confirmation that the registrant is compliant with each of the registration requirements under § 203(a) of the Act (D.C. Official Code § 7-2502.03(a) (2013 Supp.)).
    2. A registrant shall also submit to being fingerprinted.
  3. Registrants subject to § 2326.2 shall be required to renew their registration pursuant to the following schedule based on the registrant's date of birth:
    1. If born between January 1 and February 15, the renewal period is between January 1, 2014 and March 31, 2014;
    2. If born between February 16 and March 31, the renewal period is between April 1, 2014 and June 30, 2014;
    3. If born between April 1 and May 15, the renewal period is between July 1, 2014 and September 30, 2014;
    4. If born between May 16 and June 30, the renewal period is between October 1, 2014 and December 31, 2014;
    5. If born between July 1 and August 15, the renewal period is between January 1, 2015 and March 31, 2015;
    6. If born between August 16 and September 30, the renewal period is between April 1, 2015 and June 30, 2015;
    7. If born between October 1 and November 15, the renewal period is between July 1, 2015 and September 30, 2015; and
    8. If born between November 16 and December 31, the renewal period is between October 1, 2015 and December 31, 2015.
  4. If a registrant fails to renew his or her registration during the renewal period listed in § 2326.3, the registrant shall be subject to the following:
    1. If the registrant renews within thirty (30) days of the end of renewal period listed in § 2326.3, the renewal shall be processed as if submitted on time;
    2. If the registrant renews more than thirty (30) days but fewer than ninety (90) days after the end of the renewal period listed in § 2326.3, the registrant shall pay twice the amount of the firearm registration fee listed in § 2331.1; and
    3. If the registrant fails to renew ninety (90) days or more after the end of the renewal period listed in § 2326.3:
      1. The registrant's registration shall be cancelled;
      2. The registrant shall be treated as a new registrant subject to §§ 2305 through 2313; and
      3. The firearm shall be subject to § 202 of the Act.

SOURCE: Final Rulemaking published at 60 DCR 17215 (December 27, 2013).

§2331 - Fees
  1. The following fees shall be charged in connection with the services provided under this chapter:
    1. Accident reports........................................................... $2.00;
    2. Arrest records............................................................... $5.00;
    3. Fingerprints.................................................................. $2.50;
    4. Firearm registration..................................................... $10.00;
    5. Photographs................................................................... $2.50; and
    6. Transcript of records...................................................... $2.00.

SOURCE: Final Rulemaking published at 28 DCR 1908 (May 1, 1981); as amended by Final Rulemaking published at 60 DCR 17215 (December 27, 2013).

§2399 - Definitions
  1. When used in this chapter, and in forms prescribed under this chapter, where not otherwise distinctly expressed or manifestly incompatible with the intent of the Act or this chapter, the following terms shall have the meanings ascribed:
    1. Ballistics identification procedure - a process, approved by the Chief, undertaken to identify markings unique to a particular firearm or the ammunition used by the firearm.
    2. Business premises - the property on which a licensed, deadly weapon dealer's business is or will be conducted.
    3. Certified firearms instructor - any person certified as a firearms instructor by the military or a state authority.
    4. Chief - the Chief of the Metropolitan Police Department.
    5. Dealer - any person engaged in the business of buying, selling, or otherwise dealing in firearms, ammunition, or destructive devices at wholesale or retail; any person engaged in the business of repairing, testing, or analyzing firearms; any person engaged in the business of making or fitting special barrels, stocks, or trigger mechanisms for firearms or destructive devices; or any person repairing, testing, analyzing, or making any destructive device or ammunition.
    6. Director - the commanding officer or acting commanding officer of the Police Business Services Division of the Metropolitan Police Department or their delegates.
    7. Explosive or explosives - any chemical compound or mechanical mixture that contains any oxidizing and combustible units, or other ingredients, in such proportion, quantities, or packing that an ignition by fire, friction, concussion, percussion, or detonator, or any part of the compound or mixture, may cause a sudden generation of highly heated gasses that results in gaseous pressures capable of producing destructive effects on contiguous objects or of destroying life or limb. (Art. 9, §3 of the Police Regulations).
    8. Firearms Registration Section - a part of the Police Business Services Division of the Metropolitan Police Department, located in 300 Indiana Avenue, N.W., Washington, DC 20001.
    9. Home - the principal place of residence of an individual in the District and limited to the interior of a house, condominium unit, cooperative unit, apartment, houseboat, or a mobile home, so long as that structure is not capable of unassisted movement. The term home does not include any common areas of any condominium unit, cooperative unit, or apartment.
    10. Intrafamily offense - shall have the same meaning as provided in D.C. Official Code §16-1001(8).
    11. Law enforcement officer - any person authorized by a unit of government to carry a firearm on public space and who is responsible for, and under a duty to, detect crimes and apprehend offenders. A law enforcement officer is not a commissioner special police officer or the equivalent.
    12. Licensed dealer - a deadly weapons dealer licensed under the Act and this chapter.
    13. Pistol - any firearm originally designed to be fired by use of a single hand or with a barrel less than 12 inches in length.
    14. Place of business - means a business that is located in an immovable structure at a fixed location and that is operated and owned entirely, or in substantial part, by the firearm registrant.
    15. Supervisor - the person in charge of the Firearms Registration Section.

SOURCE: Final Rulemaking published at 23 DCR 8942 (May 6, 1977), incorporating text of the Proposed Rulemaking published at 23 DCR 7061 (March 4, 1977), 35 DCRR §301, November 1980, Special Edition; as amended by Article 9, §3 of the Police Regulations (May 1981); as amended by Notice of Emergency and Proposed Rulemaking published at 56 DCR 624 (January 16, 2009)[EXPIRED]; as amended by Notice of Final Rulemaking published at 56 DCR 4380, 4386 (June 5, 2009); as amended by Final Rulemaking published at 60 DCR 17215 (December 27, 2013).