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DISTRICT OF COLUMBIA OFFICIAL CODE TITLE 7. HUMAN HEALTH CARE AND SAFETY. CHAPTER 25. FIREARMS CONTROL. 2001 Edition

Transcript of OFFICIAL CODE DISTRICT OF COLUMBIAdccode.elaws.us/gateway/codepdf/title7/chapter7-25/...(4) "Chief"...

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DISTRICT OF COLUMBIA

OFFICIAL CODE

TITLE 7.

HUMAN HEALTH CARE AND SAFETY.

CHAPTER 25.FIREARMS CONTROL.

2001 Edition

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Unit A. Firearms Control Regulations.

Subchapter I. Definitions.

§ 7-2501.01. Definitions.

Subchapter II. Firearms and Destructive Devices.

§ 7-2502.01. Registration requirements.

§ 7-2502.02. Registration of certain firearms prohibited.

§ 7-2502.03. Qualifications for registration; information required for registration.

§ 7-2502.04. Fingerprints and photographs of applicants; application in person required.

§ 7-2502.05. Application signed under oath; fees.

§ 7-2502.06. Time for filing registration applications.

§ 7-2502.07. Issuance of registration certificate; time period; corrections.

§ 7-2502.07a. Expiration and renewal of registration certificate.

§ 7-2502.08. Duties of registrants; penalties.

§ 7-2502.09. Revocation of registration certificate.

§ 7-2502.10. Procedure for denial and revocation of registration certificate.

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

§ 7-2502.12. Definition of self-defense spray.

§ 7-2502.13. Possession of self-defense sprays.

§ 7-2502.14. Registration of self-defense sprays.

Subchapter III. Estates Containing Firearms.

§ 7-2503.01. Rights and responsibilities of executors and administrators.

Subchapter IV. Licensing of Firearms Businesses.

§ 7-2504.01. Manufacture of firearms, destructive devices or ammunition prohibited; requirement fordealer's license.

§ 7-2504.02. Qualifications for dealer's license; application; fee.

§ 7-2504.03. Issuance of dealer's license; time period; corrections.

§ 7-2504.04. Duties of licensed dealers; records required.

§ 7-2504.05. Revocation of dealer's license.

§ 7-2504.06. Procedure for denial and revocation of dealer's license.

§ 7-2504.07. Display of firearms or ammunition by dealers; security; employees of dealers.

§ 7-2504.08. Identification number on firearm required before sale.

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

§ 7-2504.10. District as federal firearms licensee.

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

§ 7-2505.01. Sales and transfers prohibited.

§ 7-2505.02. Permissible sales and transfers.

§ 7-2505.03. Microstamping.

§ 7-2505.04. Prohibition on sale, transfer, ownership, or possession of designated unsafe pistol.

Subchapter VI. Possession of Ammunition.

DISTRICT OF COLUMBIA OFFICIAL CODE

CHAPTER 25. FIREARMS CONTROL.

TABLE OF CONTENTS

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§ 7-2506.01. Persons permitted to possess ammunition.

Subchapter VII. Miscellaneous Provisions.

§ 7-2507.01. Security mortgages, deposits, or pawns with firearms, destructive devices, or ammunitionprohibited; loan or rental of firearms, destructive devices, or ammunition prohibited.

§ 7-2507.02. Responsibilities regarding storage of firearms; penalties.

§ 7-2507.03. Firing ranges.

§ 7-2507.04. False information; forgery or alteration.

§ 7-2507.05. Voluntary surrender of firearms, destructive devices, or ammunition; immunity fromprosecution; determination of evidentiary value of firearm.

§ 7-2507.06. Penalties.

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

§ 7-2507.07. Public education program.

§ 7-2507.08. Construction of unit.

§ 7-2507.09. Applicability of District of Columbia Administrative Procedure Act.

§ 7-2507.10. Severability.

§ 7-2507.11. Rules.

Subchapter VIII. Gun Offender Registry.

§ 7-2508.01. Definitions.

§ 7-2508.02. Duty to register and to verify.

§ 7-2508.03. Registration period.

§ 7-2508.04. Certification duties of the Superior Court of the District of Columbia.

§ 7-2508.05. Sharing of registration information; Freedom of Information Act exception.

§ 7-2508.06. Rules.

§ 7-2508.07. Penalties; mandatory release condition.

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

§ 7-2531.01. Definitions.

§ 7-2531.02. Liability.

§ 7-2531.03. Exemptions.

§ 7-2531.04. Firearms Bounty Fund.

Unit C. Assault Weapons Manufacturing Strict Liability.

§ 7-2551.01. Definitions.

§ 7-2551.02. Liability.

§ 7-2551.03. Exemptions.

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CHAPTER 25. FIREARMS CONTROL.

As used in this unit the term:

(1) "Acts of Congress" means:

(A) Chapter 45 of Title 22;

(B) Omnibus Crime Control and Safe Streets Act of 1968, as amended (title VII, UnlawfulPossession or Receipt of Firearms (82 Stat. 1236; 18 U.S.C. Appendix)); and

(C) An Act to Amend Title 18, United States Code, To Provide for Better Control of the InterstateTraffic 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 (includingrestricted pistol bullets), propellant powder, or other devices or materials designed, redesigned, orintended for use in a firearm or destructive device.

(3) "Antique firearm" means:

(A) Any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type ofignition system) manufactured in or before 1898; and

(B) Any replica of any firearm described in subparagraph (A) if such replica:

(i) Is not designed or redesigned for using rim-fire or conventional center-fire fixed ammunition;or

(ii) Uses rim-fire or conventional ammunition which is no longer manufactured in the UnitedStates and which is not readily available in the ordinary channels of commercial trade.

(3A)(A) "Assault weapon" means:

(i) The following semiautomatic firearms:

(I) All of the following specified rifles:

(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).

(bb) UZI and Galil;

(cc) Beretta AR-70;

(dd) CETME Sporter;

(ee) Colt AR-15 series;

(ff) Daewoo K-1, K-2, Max 1, Max 2, AR 100, and AR110 C;

(gg) Fabrique Nationale FAL, LAR, FNC, 308 Match, and Sporter;

(hh) MAS 223.

(ii) HK-91, HK-93, HK-94, and HK-PSG-1;

UNIT A. FIREARMS CONTROL REGULATIONS.

SUBCHAPTER I. DEFINITIONS.

§ 7-2501.01. DEFINITIONS.

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(jj) The following MAC types:

(1) RPB Industries Inc. sM10 and sM11; and

(2) SWD Incorporated M11;

(kk) SKS with detachable magazine;

(ll) SIG AMT, PE-57, SG 550, and SG 551;

(mm) Springfield Armory BM59 and SAR-48;

(nn) Sterling MK-6;

(oo) Steyer AUG, Steyr AUG;

(pp) Valmet M62S, M71S, and M78S;

(qq) Armalite AR-180;

(rr) Bushmaster Assault Rifle;

(ss) Calico --900;

(tt) J&R ENG --68; and

(uu) Weaver Arms Nighthawk.

(II) All of the following specified pistols:

(aa) UZI;

(bb) Encom MP-9 and MP-45;

(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;

(dd) Intratec TEC-9 and TEC-DC9;

(ee) Sites Spectre;

(ff) Sterling MK-7;

(gg) Calico M-950; and

(hh) Bushmaster Pistol.

(III) All of the following specified shotguns:

(aa) Franchi SPAS 12 and LAW 12; and

(bb) Striker 12. The Streetsweeper type S/S Inc. SS/12;

(IV) A semiautomatic, rifle that has the capacity to accept a detachable magazine and anyone of the following:

(aa) A pistol grip that protrudes conspicuously beneath the action of the weapon;

(bb) A thumbhole stock;

(cc) A folding or telescoping stock;

(dd) A grenade launcher or flare launcher;

(ee) A flash suppressor; or

(ff) A forward pistol grip;

(V) A semiautomatic pistol that has the capacity to accept a detachable magazine and anyone of the following:

(aa) A threaded barrel, capable of accepting a flash suppressor, forward handgrip, orsilencer;

(bb) A second handgrip;

(cc) A shroud that is attached to, or partially or completely encircles, the barrel thatallows the bearer to fire the weapon without burning his or her hand, except a slide thatencloses the barrel; or

(dd) The capacity to accept a detachable magazine at some location outside of thepistol grip;

(VI) A semiautomatic shotgun that has one or more of the following:

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(aa) A folding or telescoping stock;

(bb) A pistol grip that protrudes conspicuously beneath the action of the weapon;

(cc) A thumbhole stock; or

(dd) A vertical handgrip; and

(VII) A semiautomatic shotgun that has the ability to accept a detachable magazine; and

(VIII) All other models within a series that are variations, with minor differences, of thosemodels listed in subparagraph (A) of this paragraph, regardless of the manufacturer;

(ii) Any shotgun with a revolving cylinder; provided, that this sub-subparagraph shall not apply toa weapon with an attached tubular device designed to accept, and capable of operating onlywith, .22 caliber rimfire ammunition; and

(iii) Any firearm that the Chief may designate as an assault weapon by rule, based on adetermination 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 thisparagraph.

(B) The term "assault weapon" shall not include:

(i) Any antique firearm; or

(ii) Any of the following pistols, which are designed expressly for use in Olympic target shootingevents, sanctioned by the International Olympic Committee and by USA Shooting, the nationalgoverning body for international shooting competition in the United States, and used forOlympic 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

(C) The Chief may exempt, by rule, new models of competitive pistols that would otherwise fallwithin the definition of "assault weapon" pursuant to this section from being classified as an assaultweapon. The exemption of competitive pistols shall be based either on recommendations by USAShooting consistent with the regulations contained in the USA Shooting Official Rules or on therecommendation 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 Columbiaor 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:

(A) An explosive, incendiary, or poison gas bomb, grenade, rocket, missile, mine, or similardevice;

(B) Any device by whatever name known which will, or is designed or redesigned, or may bereadily converted or restored to expel a projectile by the action of an explosive or other propellant

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through a smooth bore barrel, except a shotgun;

(C) Any device containing tear gas or a chemically similar lacrimator or sternutator by whatevername known;

(D) Any device designed or redesigned, made or remade, or readily converted or restored, andintended to stun or disable a person by means of electric shock;

(E) Any combination of parts designed or intended for use in converting any device into anydestructive device; or from which a destructive device may be readily assembled; provided, thatthe term shall not include:

(i) Any pneumatic, spring, or B-B gun which expels a single projectile not exceeding .18 inch indiameter;

(ii) Any device which is neither designed nor redesigned for use as a weapon;

(iii) Any device originally a weapon which has been redesigned for use as a signaling, linethrowing, or safety device; or

(iv) 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:

(A) A rifle capable of firing a center-fire cartridge in .50 BMG caliber, including a 12.7 mmequivalent of .50 BMG and any other metric equivalent; or

(B) A copy or duplicate of any rifle described in subparagraph (A) of this paragraph, or any otherrifle developed and manufactured after January 6, 2009, regardless of caliber, if such rifle iscapable of firing a projectile that attains a muzzle energy of 12,000 foot-pounds or greater in anycombination 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 orprojectiles by the action of an explosive; the frame or receiver of any such device; or any firearm muffleror silencer; provided, that such term shall not include:

(A) Antique firearms; or

(B) Destructive devices;

(C) Any device used exclusively for line throwing, signaling, or safety, and required orrecommended by the Coast Guard or Interstate Commerce Commission; or

(D) Any device used exclusively for firing explosive rivets, stud cartridges, or similar industrialammunition and incapable for use as a weapon.

(9A) "Firearms instructor" means an individual who is certified by the Chief to be qualified to teachfirearms 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 restoredto 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 designedand intended solely and exclusively, or combination of parts designed and intended, for use inconverting a firearm into a machine gun, and any combination of parts from which a machine gun canbe 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 anygroup 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 barrelless than 12 inches in length.

(12A) "Place of business" means a business that is located in an immovable structure at a fixedlocation 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 theregistration of a firearm pursuant to this unit.

(13A) "Restricted pistol bullet" means any bullet designed for use in a pistol which, when fired from apistol with a barrel of 5 inches or less in length, is capable of penetrating commercially available bodyarmor with a penetration resistance equal to or greater than that of 18 layers of kevlar.

(14) "Rifle" means a grooved bore firearm using a fixed metallic cartridge with a single projectile anddesigned 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 firearmmade from a shotgun if such firearm as modified has an overall length of less than 26 inches or any

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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 ballshot or a single projectile, and designed or redesigned, made or remade, and intended to be firedfrom the shoulder.

(17) "Short barreled rifle" means a rifle having any barrel less than 16 inches in length, or a firearmmade from a rifle if such firearm as modified has an overall length of less than 26 inches or any barrelof 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.

(Sept. 24, 1976, D.C. Law 1-85, title I, § 101, 23 DCR 2464; Mar. 16, 1978, D.C. Law 2-62, § 2, 24 DCR5780; Aug. 2, 1983, D.C. Law 5-19, § 2, 30 DCR 3328; Mar. 31, 2009, D.C. Law 17-372, § 3(a), 56 DCR1365; Sept. 26, 2012, D.C. Law 19-170, § 2(a), 59 DCR 5691.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 6-2302.

1973 Ed., § 6-1802.

Effect of Amendments

D.C. Law 17-372 added pars. (3A), (8A), (9A), and (12A); in par. (9), substituted "any weapon, regardless ofoperability, which will, or is designed or redesigned, made or remade, readily converted, restored, orrepaired, or is intended to," for "any weapon which will, or is designed or redesigned, made or remade,readily converted or restored, and intended to,"; rewrote par. (10); in par. (12), substituted "hand or with abarrel less than 12 inches in length" for "hand"; and, in par. (15), substituted "18 inches in length" for "20inches in length" in two places. Prior to amendment, par. (10) read as follows:

"(10) 'Machine gun' means any firearm which shoots, is designed to shoot, or can be readily converted orrestored to shoot:

"(A) Automatically, more than 1 shot by a single function of the trigger;

"(B) Semiautomatically, more than 12 shots without manual reloading."

D.C. Law 19-170 rewrote par. (5); redesignated former par. (9A) as par. (9B); added par. (9A); andredesignated par. (13a) as par. (13A). Prior to amendment, par. (5) read as follows:

"(5) 'Crime of violence' means a crime of violence as defined in § 22-4501, committed in any jurisdiction, butdoes not include larceny or attempted larceny."

Emergency Act Amendments

For temporary (90 day) amendment of section, see § 2(a) of Second Firearms Control EmergencyAmendment Act of 2008 (D.C. Act 17-502, September 16, 2008, 55 DCR 9904).

For temporary (90 day) amendment of section, see § 2(a) of Second Firearms Control Congressional ReviewEmergency Amendment Act of 2008 (D.C. Act 17-601, December 12, 2008, 56 DCR 9).

For temporary (90 day) amendment of section, see § 3(a) of Firearms Registration Emergency AmendmentAct of 2008 (D.C. Act 17-651, January 6, 2009, 56 DCR 911).

For temporary (90 day) amendment of section, see § 2(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 § 2(a) of the Firearms Amendments CongressionalReview 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(a) of the Firearms Second Congressional ReviewEmergency 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 wasadopted 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 review

Law 2-62, the "Firearms Control Regulations Act Technical Amendments Act of 1977," was introduced inCouncil and assigned Bill No. 2-194, which was referred to the Committee on the Judiciary. The Bill wasadopted on first and second readings on October 11, 1977 and October 25, 1977, respectively. Signed by theMayor on January 3, 1978, it was assigned Act No. 2-129 and transmitted to both Houses of Congress for its

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review.

Law 5-19, the "Firearms Control Regulations Act of 1975 Amendments Act of 1983," was introduced inCouncil and assigned Bill No. 5-110, which was referred to the Committee on the Judiciary. The Bill wasadopted on first and second readings on May 24, 1983 and June 7, 1983, respectively. Signed by the Mayoron June 9, 1983, it was assigned Act No. 5-36 and transmitted to both Houses of Congress for its review.

Law 17-372, the "Firearms Control Amendment Act of 2008", was introduced in Council and assigned Bill No.17-843 which was referred to the Committee on Public Safety and the Judiciary. The Bill was adopted on firstand second readings on December 2, 2008, and December 16, 2008, respectively. Signed by the Mayor onJanuary 28, 2009, it was assigned Act No. 17-708 and transmitted to both Houses of Congress for its review.D.C. Law 17-372 became effective on March 31, 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 readingson March 6, 2012, and April 17, 2012, respectively. Signed by the Mayor on May 15, 2012, it was assignedAct No. 19-366 and transmitted to both Houses of Congress for its review. D.C. Law 19-170 became effectiveon September 26, 2012.

References in Text

"An Act to Amend Title 18, United States Code, to Provide for Better Control of the Interstate Traffic inFirearms Act of 1968," referred to in subparagraph (C) of paragraph (1), is the Gun Control Act of 1968, Pub.L. 90-618.

(a) 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 destructivedevice, and no person or organization in the District shall possess or control any firearm, unless theperson or organization holds a valid registration certificate for the firearm. A registration certificate may beissued:

(1) To an organization if:

(A) The organization employs at least 1 commissioned special police officer or employee licensedto carry a firearm whom the organization arms during the employee's duty hours; and

(B) The registration is issued in the name of the organization and in the name of the president orchief executive officer of the organization;

(2) In the discretion of the Chief of Police, to a police officer who has retired from the MetropolitanPolice Department;

(3) In the discretion of the Chief of Police, to the Fire Marshal and any member of the Fire and ArsonInvestigation Unit of the Fire Prevention Bureau of the Fire Department of the District of Columbia, whois designated in writing by the Fire Chief, for the purpose of enforcing the arson and fire safety laws ofthe District of Columbia;

(4) To a firearms instructor, or to an organization that employs a firearms instructor, for the purpose ofconducting firearms training; or

(5) To a person who complies with, and meets the requirements of, this unit.

(b) 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 enforcementofficer or agent of the government of any state or subdivision thereof, or any member of the armedforces of the United States, the National Guard or organized reserves, when such officer, agent, ormember is authorized to possess such a firearm or device while on duty in the performance of officialauthorized functions;

(2) Any person holding a dealer's license; provided, that the firearm or destructive device is:

(A) Acquired by such person in the normal conduct of business;

(B) Kept at the place described in the dealer's license; and

(C) 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 recreationalfirearm-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 ofthe Metropolitan Police Department, or other bona fide law enforcement officer, exhibit proof that he is

SUBCHAPTER II. FIREARMS AND DESTRUCTIVE DEVICES.

§ 7-2502.01. REGISTRATION REQUIREMENTS.

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on his way to or from such activity, and that his possession or control of such firearm is lawful in thejurisdiction in which he resides; provided further, that such weapon shall be transported in accordancewith § 22-4504.02;.

(4) Any person who temporarily possesses a firearm registered to another person while in the home ofthe registrant; provided, that the person is not otherwise prohibited from possessing firearms and theperson reasonably believes that possession of the firearm is necessary to prevent imminent death orgreat bodily harm to himself or herself; or

(5) Any person who temporarily possesses a firearm while participating in a firearms training andsafety class conducted by a firearms instructor.

(c) For the purposes of subsection (b)(3) of this section, the term "recreational firearm-related activity"includes a firearms training and safety class.

(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 DCR5676; Mar. 26, 1999, D.C. Law 12-176, § 5, 45 DCR 5662; Apr. 20, 1999, D.C. Law 12-264, § 19, 46 DCR2118; Mar. 31, 2009, D.C. Law 17-372, § 3(b), 56 DCR 1365; Sept. 26, 2012, D.C. Law 19-170, § 2(b), 59DCR 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"; andadded 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 theend 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) ofthe Zero Tolerance for Guns Emergency Amendment Act of 1996 (D.C. Act 11-390, August 26, 1996, 43DCR 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 ReviewEmergency Amendment Act of 1998 (D.C. Act 12-466, October 28, 1998, 45 DCR 7838), and § 5 of theArson 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 AmendmentAct 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 CongressionalReview 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 ReviewEmergency 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 wasadopted 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 BillNo. 9-91 which was referred to the Committee on the Judiciary. The Bill was adopted on first and secondreadings on June 2, 1992, and July 7, 1972, respectively. Signed by the Mayor on July 21, 1992, it wasassigned Act No. 9-247 and transmitted to both Houses of Congress for its review. D.C. Law 9-266 becameeffective on May 7, 1993.

Law 12-176, the "Arson Investigators Amendment Act of 1998," was introduced in Council and assigned BillNo. 12-485, which was referred to the Committee on the Judiciary. The Bill was adopted on first and secondreadings on May 5, 1998, and June 2, 1998, respectively. Signed by the Mayor on July 20, 1998, it was

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assigned Act No. 12-418 and transmitted to both Houses of Congress for its review. D.C. Law 12-176became 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 onNovember 10, 1998, and December 1, 1998, respectively. Signed by the Mayor on January 7, 1999, it wasassigned Act No. 12-626 and transmitted to both Houses of Congress for its review. D.C. Law 12-264became 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 97-312provided that any employee of the United States Department of Agriculture designated by the Secretary ofAgriculture and the Attorney General of the United States may carry a firearm and use a firearm whennecessary for self-protection, in accordance with rules and regulations issued by the Secretary of Agricultureand the Attorney General of the United States, while such employee is engaged in the performance of theemployee's official duties to (1) carry out any law or regulation related to the control, eradication, or preventionof 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 theSecretary.

Seizure and forfeiture of conveyances used in firearms offenses: Section 2(b) of D.C. Law 11-273 providedfor the forfeiture and seizure of any conveyance, including vehicles and vessels in which any person orpersons transport, possess, or conceal any firearm as defined in § 7-2501.01, or in any manner use tofacilitate a violation of §§ 22-4503 and 22-4504. D.C. Law 11-273 became effective on June 3, 1997.

(a) 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:

(A) Any organization that employs at least one commissioned special police officer or otheremployee licensed to carry a firearm and that arms the employee with a firearm during theemployee's duty hours;

(B) A police officer who has retired from the Metropolitan Police Department;

(C) Any person who seeks to register a pistol for use in self-defense within that person's home; or

(D) A firearms instructor, or an organization that employs a firearms instructor, for the purpose ofconducting firearms training.

(5) An unsafe firearm prohibited under § 7-2505.04;

(6) An assault weapon; or

(7) A .50 BMG rifle.

(b) Repealed.

(Sept. 24, 1976, D.C. Law 1-85, title II, § 202, 23 DCR 2464; Mar. 16, 1978, D.C. Law 2-62, § 2, 24 DCR5780; May 7, 1993, D.C. Law 9-266, § 2(b), 39 DCR 5676; Mar. 31, 2009, D.C. Law 17-372, § 3(c), 56 DCR1365; 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

§ 7-2502.02. REGISTRATION OF CERTAIN FIREARMS PROHIBITED.

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the provisions of this section shall not apply to any organization that employs at least 1 commissioned specialpolice officer or other employee licensed to carry a firearm and that arms the employee with a firearm duringthe 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 PoliceDepartment 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 atthe 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 EmergencyAmendment 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 EmergencyAmendment 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 CongressionalReview 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 AmendmentAct 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 CongressionalReview 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 ReviewEmergency 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.

(a) No registration certificate shall be issued to any person (and in the case of a person between the agesof 18 and 21, to the person and his signatory parent or guardian) or organization unless the Chiefdetermines 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 of18 and 21 years old, and who is otherwise qualified, a registration certificate if the application isaccompanied by a notarized statement of the applicant's parent or guardian:

(A) That the applicant has the permission of his parent or guardian to own and use the firearm to beregistered; and

(B) The parent or guardian assumes civil liability for all damages resulting from the actions of suchapplicant in the use of the firearm to be registered; provided further, that such registrationcertificate 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:

(A) Violation in any jurisdiction of any law restricting the use, possession, or sale of any narcotic ordangerous drug;

(B) A violation of § 22-404, regarding assaults and threats, or § 22-407, regarding threats to dobodily harm, or a violation of any similar provision of the law of another jurisdiction;

(C) Two or more violations of § 50-2201.05(b), or, in this or any other jurisdiction, any law

§ 7-2502.03. QUALIFICATIONS FOR REGISTRATION; INFORMATIONREQUIRED FOR REGISTRATION.

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(C) Two or more violations of § 50-2201.05(b), or, in this or any other jurisdiction, any lawrestricting driving under the influence of alcohol or drugs;

(D) Intrafamily offense punishable as a misdemeanor, including any similar provision in the law ofanother jurisdiction; or

(E) Misdemeanor violation pursuant to § 7-2507.02 or § 7-2507.06;

(5) Within the 5-year period immediately preceding the application, has not been acquitted of anycriminal 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 theapplication, a medical certification indicating that the applicant has recovered from such insanity oralcoholic 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 involuntarilycommitted to any mental hospital or institution; provided, that this paragraph shall not apply, if suchperson shall present to the Chief, with the application, a medical certification that the applicant hasrecovered from whatever malady prompted such commitment;

(6A) Within the 5 years immediately preceding the application, has not had a history of violentbehavior.

(7) Does not appear to suffer from a physical defect which would tend to indicate that the applicantwould 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 anotherhuman 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, aknowledge of the laws of the District of Columbia pertaining to firearms and, in particular, therequirements 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 afirearm or for the renewal of a registration certificate pursuant to § 7-2502.07a;

(11) Is not blind, as defined in § 7-1009(1);

(12)(A) Has not been the respondent in an intrafamily proceeding in which a civil protection order wasissued against the applicant pursuant to § 16- 1005; provided, that an applicant who has been thesubject of such an order shall be eligible for registration if the applicant has submitted to the Chief acertified court record establishing that the order has expired or has been rescinded for a period of 5years or more; or

(B) Has not been the respondent in a proceeding in which a foreign protection order, as that term isdefined in § 16-1041, was issued against the applicant; provided, that an applicant who has beenthe subject of such an order shall be eligible for registration if the applicant has submitted to theChief a certified court record establishing that the order has expired or has been rescinded for aperiod of 5 years;

(13)(A) Has completed a firearms training and safety class provided free of charge by the Chief; or

(B) Has submitted evidence of any of the following:

(i) That the applicant has received firearms training in the United States military;

(ii) A license from another state for which firearms training is required, where the training, asdetermined by the Chief, is equal to or greater than that provided under subparagraph (A) ofthis paragraph; or

(iii) That the applicant has otherwise completed a firearms training or safety course conductedby a firearms instructor that, as determined by the Chief, is equal to or greater than thatconducted under subparagraph (A) of this paragraph; and

(14) Has not been prohibited from possessing or registering a firearm pursuant to § 7-2502.08.

(b) 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-yearperiod immediately preceding the application;

(3) The present business or occupation of the applicant and the address and phone number of theemployer;

(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

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subdivision of any state has denied or revoked the applicant's license, registration certificate, or permitpertaining 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 otheridentifying marks on the firearm;

(10) The name and address of the person or organization from whom the firearm was obtained, and inthe 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.

(c) Every organization applying for a registration certificate shall:

(1) With respect to the president or chief executive of such organization, comply with the requirementsof subsection (b) of this section; and

(2) Provide such other information as the Chief determines is necessary to carry out the provisions ofthis unit.

(d) Repealed.

(e) The Chief shall register no more than one pistol per registrant during any 30-day period; provided, thatthe Chief may permit a person first becoming a District resident to register more than one pistol if thosepistols were lawfully owned in another jurisdiction for a period of 6 months prior to the date of theapplication.

(Sept. 24, 1976, D.C. Law 1-85, title II, § 203, 23 DCR 2464; Mar. 16, 1978, D.C. Law 2-62, § 2, 24 DCR5780; Mar. 31, 2009, D.C. Law 17-372, § 3(d), 56 DCR 1365; June 3, 2011, D.C. Law 18-377, § 2(a), 58DCR 1174; Sept. 26, 2012, D.C. Law 19-170, § 2(d), 59 DCR 5691.)

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); addedsubsec. (a)(6A); in subsec. (a)(10), substituted "and, in particular, the safe and responsible use, handling, andstorage of the same in accordance with training, tests, and standards" for "and the safe and responsible useof 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"; insubsec.(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 engagedduring the 5-year period immediately preceding the application and the addresses of such businesses orplaces 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 hadread 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 ordangerous 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 useof a firearm;

"(C) Two or more violations of § 50-2201.05(b) or, in any other jurisdiction, any law restricting driving under theinfluence of alcohol or drugs; or

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"(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 Columbiapertaining to firearms and, in particular, the safe and responsible use, handling, and storage of the same inaccordance with training, tests, and standards prescribed by the Chief; provided, that once this determinationis made with respect to a given applicant for a particular type of firearm, it need not be made again for thesame applicant with respect to a subsequent application for the same type of firearms; provided, further, thatthis 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 theDistrict of Columbia; provided, that current licensure by the District of Columbia, of the applicant to drive, shallbe prima facie evidence that such applicant's vision is sufficient and; provided further, that this determinationshall 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 firearmsinstructor or a certified military firearms instructor that provides, at a minimum, a total of at least one hour offiring 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 thename, address, and phone number of the instructor and attesting to the successful completion of the course bythe 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 andshall 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 EmergencyAmendment 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 EmergencyAmendment 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 CongressionalReview 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 AmendmentAct 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 LayoverEmergency 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 LayoverCongressional 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 CongressionalReview 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 ReviewEmergency 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 firstand second readings on December 7, 2010, and December 21, 2010, respectively. Signed by the Mayor onFebruary 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.

(a) The Chief shall require any person applying for a registration certificate to be fingerprinted in order toconduct an efficient and adequate investigation into the matters described in § 7-2502.03 and to

§ 7-2502.04. FINGERPRINTS AND PHOTOGRAPHS OF APPLICANTS;APPLICATION IN PERSON REQUIRED.

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effectuate the purposes of this unit. The Chief shall maintain a record of the fingerprints of sufficient qualityto enable periodic investigation to ensure compliance with § 7- 2502.03.

(b) The Chief shall take a digitalized, full-face photograph of each applicant, other than an organization, tobe included as part of a person's firearms registration application. The photo shall be taken simultaneouslywith the filing of the application.

(c) Every applicant (or in the case of an organization, the president or chief executive, or a personauthorized in writing by him), shall appear in person at a time and place prescribed by the Chief, and maybe required to bring with him the firearm for which a registration certificate is sought, which shall betransported in accordance with § 22-4504.02.

(Sept. 24, 1976, D.C. Law 1-85, title II, § 204, 23 DCR 2464; Mar. 16, 1978, D.C. Law 2-62, § 2, 24 DCR5780; Mar. 31, 2009, D.C. Law 17-372, § 3(e), 56 DCR 1365; Sept. 26, 2012, D.C. Law 19-170, § 2(e), 59DCR 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 betransported in accordance with § 22-4504.02" for "shall be unloaded and securely wrapped, and carried inopen 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 hisjudgment, 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 bythe Chief within 6 years prior to submitting the application need not, in the Chief's discretion, be fingerprintedagain if he offers other satisfactory proof of identity.

"(b) Each applicant, other than an organization, shall submit with the application 2 full-face photographs ofhimself, 1 3/4 by 1 7/8 inches in size which shall have been taken within the 30-day period immediatelypreceding the filing of the application."

Emergency Act Amendments

For temporary (90 day) amendment of section, see § 3(e) of Firearms Registration Emergency AmendmentAct 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 CongressionalReview 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 ReviewEmergency 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.

(a) Each applicant (the president or chief executive in the case of an organization) shall sign an oath oraffirmation attesting to the truth of all the information required by §§ 7-2502.03 or § 7-2502.07a.

(b) Each application required by this subchapter shall be accompanied by a nonrefundable fee to beestablished by the Mayor; provided, that such fee shall, in the judgment of the Mayor, reimburse the Districtfor the cost of services provided under this subchapter.

(c) Any declaration, certificate, verification, or statement made for purposes of firearm registration underthis 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.

§ 7-2502.05. APPLICATION SIGNED UNDER OATH; FEES.

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(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 DCR1365; 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 AmendmentAct 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 CongressionalReview 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 ReviewEmergency 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

(a) An application for a registration certificate shall be filed (and a registration certificate issued) prior totaking possession of a firearm from a licensed dealer or from any person or organization holding aregistration certificate therefor. In all other cases, an application for registration shall be filed immediatelyafter a firearm is brought into the District. It shall be deemed compliance with the preceding sentence ifsuch person personally communicates with the Metropolitan Police Department (as determined by theChief to be sufficient) and provides such information as may be demanded; provided, that such personfiles an application for a registration certificate within 48 hours after such communication.

(b) Repealed.

(Sept. 24, 1976, D.C. Law 1-85, title II, § 206, 23 DCR 2464; Mar. 16, 1978, D.C. Law 2-62, § 2, 24 DCR5780; 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 inaccordance with procedures to be promulgated by the Chief. An application to register such firearm shall befiled 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 ReviewEmergency Amendment Act of 2012 (D.C. Act 19-394, July 18, 2012, 59 DCR 8694).

§ 7-2502.06. TIME FOR FILING REGISTRATION APPLICATIONS.

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For temporary (90 day) repeal of section, see § 2(g) of the Firearms Second Congressional ReviewEmergency 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.

(a) Upon receipt of a properly executed application for registration certificate, the Chief, upon determiningthrough inquiry, investigation, or otherwise, that the applicant is entitled and qualified under the provisionsof this unit, thereto, shall issue a registration certificate. Each registration certificate shall be in duplicateand bear a unique registration certificate number and such other information as the Chief determines isnecessary to identify the applicant and the firearm registered. The duplicate of the registration certificateshall be delivered to the applicant and the Chief shall retain the original.

(b) The Chief shall approve or deny an application for a registration certificate within a 60-day periodbeginning on the date the Chief receives the application, unless good cause is shown, includingnonreceipt of information from sources outside the District government; provided, that in the case of anapplication to register a firearm validly registered under prior regulations, the Chief shall have 365 daysafter the receipt of such application to approve or deny such application. The Chief may hold in abeyancean application where there is a revocation proceeding pending against such person or organization.

(c) Upon receipt of a registration certificate, each applicant shall examine same to ensure that theinformation thereon is correct. If the registration certificate is incorrect in any respect, the person ororganization named thereon shall return it to the Chief with a signed statement showing the nature of theerror. The Chief shall correct the error, if it occurred through administrative error. In the event the errorresulted from information contained in the application, the applicant shall be required to file an amendedapplication setting forth the correct information, and a statement explaining the error in the originalapplication. Each amended application shall be accompanied by a fee equal to that required for theoriginal application.

(d) 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 errorresulted from information contained in the application, the person or organization named therein shall berequired to file an amended application as provided in subsection (c) of this section.

(e) Each registration certificate issued by the Chief shall be accompanied by a statement setting forth theregistrant's duties under this unit.

(f) In the discretion of the Chief of Police, a registration certificate may be issued to a retired police officerwho is a resident of the District of Columbia for a pistol and ammunition which conforms to theMetropolitan Police Department General Orders and policies.

(g) When the retired police officer ceases to be a resident of the District of Columbia the registrationcertificate expires.

(h) Nothing in this unit shall create an entitlement to a registration certificate for a retired police officer. Ifthe Chief of Police denies a retired police officer's registration certificate application, the Chief of Policeshall 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.

(Sept. 24, 1976, D.C. Law 1-85, title II, § 207, 23 DCR 2464; Mar. 16, 1978, D.C. Law 2-62, § 2, 24 DCR5780; 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.

§ 7-2502.07. ISSUANCE OF REGISTRATION CERTIFICATE; TIME PERIOD;CORRECTIONS.

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(a) Registration certificates shall expire 3 years after the date of issuance unless renewed in accordancewith this section for subsequent 3-year periods.

(b) A registrant shall be eligible for renewal of registration of a firearm if the registrant continues to meet allof the initial registration requirements set forth in § 7-2502.03(a) and follows any procedures the Chief mayestablish by rule.

(c)(1) For each renewal, a registrant shall submit a statement to the Metropolitan Police Departmentattesting to:

(A) Possession of the registered firearm;

(B) The registrant's address; and

(C) 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 providedby the Chief that can be submitted online via the Metropolitan Police Department website, by mail, orin person.

(d) Repealed.

(e)(1) The Metropolitan Police Department shall mail a renewal notice to each registrant at least 90 daysprior to the expiration of the registration certificate.

(2) A renewal application shall be received by the Metropolitan Police Department at least 60 daysprior 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 ofthe Metropolitan Police Department to mail or the registrant to receive the notice required underparagraph (1) of this subsection shall not prevent a registration from expiring as of that date.

(f) Repealed.

(g) The Chief shall establish, by rule, a method for conducting the renewal of registration certificates for allfirearms registered before January 1, 2011. This method shall be established before January 1, 2014.

(h) Notwithstanding subsection (a) of this section, no registration certificate shall expire and no renewal ofa registration certificate shall be required earlier than provided in the rule established pursuant tosubsection (g) of this section.

(Sept. 24, 1976, D.C. Law 1-85, title II, § 207a, as added Mar. 31, 2009, D.C. Law 17-372, § 3(g), 56 DCR1365; June 3, 2011, D.C. Law 18-377, § 2(b), 58 DCR 1174; Sept. 26, 2012, D.C. Law 19-170, § 2(h), 59DCR 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); andadded 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 continuesto 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 theadministrative 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 firearmsregistered prior to March 31, 2009. The renewals of all firearms registered prior to March 31, 2009, shall becompleted 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 LayoverEmergency Amendment Act of 2010 (D.C. Act 18-693, January 18, 2011, 58 DCR 640).

§ 7-2502.07A. EXPIRATION AND RENEWAL OF REGISTRATIONCERTIFICATE.

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For temporary (90 day) amendment of section, see § 502(b) of Public Safety Legislation Sixty-Day LayoverCongressional 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 EmergencyAmendment 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 CongressionalReview 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 ReviewEmergency 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.

(a) 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 aregistered 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 itappears on the registration certificate;

(3) Notify the Chief in writing of the sale, transfer, or other disposition of the firearm within 2 businessdays of such sale, transfer, or other disposition. The notification shall include:

(A) The identification of the registrant, the firearm, and the serial number of the registrationcertificate;

(B) The name, address, and date of birth of the person to whom the firearm has been sold ortransferred; and

(C) Whether the firearm was sold or how it was otherwise transferred or disposed of.

(b) 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 suchloss, theft, destruction, sale, transfer, or other disposition.

(c) Each registrant shall have in the registrant's possession, whenever in possession of a firearm, theregistration certificate, or exact photocopy thereof, for such firearm, and exhibit the same upon thedemand of a member of the Metropolitan Police Department, or other law enforcement officer.

(d) The duties set forth in subsections (a) through (c) of this section are in addition to any otherrequirements imposed by this unit or other applicable law.

(e)(1) A registrant shall be subject to a civil fine of $100 for the first violation or omission of the duties andrequirements imposed by this section.

(2) A registrant shall be subject to a civil fine of $500 for the second violation or omission of the dutiesand requirements imposed by this section, a registrant's registration certificates shall be revoked, andthe 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 dutiesand requirements imposed by this section, a registrant's registration certificates shall be revoked, andthe 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 shallconstitute a single violation or omission if the violation or omission pertaining to each firearm arosefrom the same occurrence.

(5) The penalties prescribed in § 7-2507.06 shall not apply to a violation or omission of the duties andrequirements imposed by this section.

(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 DCR1174; Sept. 26, 2012, D.C. Law 19- 170, § 2(i), 59 DCR 5691.)

HISTORICAL AND STATUTORY NOTES

§ 7-2502.08. DUTIES OF REGISTRANTS; PENALTIES.

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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 requirementsimposed 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 thecircumstances, 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 tosuch 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 beensold 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 otherwisetransferred or disposed of, at the time he notifies the Chief of such loss, theft, destruction, sale, transfer, orother 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 lawenforcement 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 LayoverEmergency 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 LayoverCongressional 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 of2012 (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 AmendmentsCongressional 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 CongressionalReview 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.

(a) 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 adestructive device; or

(3) The information furnished to the Chief on the application for a registration certificate proves to beintentionally false.

(4) Repealed.

(b) Repealed.

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

§ 7-2502.09. REVOCATION OF REGISTRATION CERTIFICATE.

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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 aperiod 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 theregistrant 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 theregistrant 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 AmendmentAct 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 LayoverEmergency 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 LayoverCongressional 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.

(a) If it appears to the Chief that an application for a registration certificate should be denied or that aregistration certificate should be revoked, the Chief shall notify the applicant or registrant of the proposeddenial or revocation, briefly stating the reason or reasons therefor. Service may be made by delivering acopy of the notice to the applicant or registrant personally, or by leaving a copy thereof at the place ofresidence identified on the application or registration with some person of suitable age and discretionthen residing therein, or by mailing a copy of the notice first class mail, postage prepaid, to the residenceaddress identified on the application or certificate. In the case of an organization, service may be madeupon the president, chief executive, or other officer, managing agent or person authorized by appointmentor law to receive such notice as described in the preceding sentence at the business address of theorganization identified in the application or registration certificate. The person serving the notice shallmake proof thereof by preparing an affidavit identifying the person served and stating the time, place, andmanner of service. The applicant or registrant shall have 15 days from the date the notice is served inwhich to submit further evidence in support of the application or qualifications to continue to hold aregistration certificate, as the case may be; provided, that if the applicant does not make such asubmission within 15 days from the date of service, the applicant or registrant shall be deemed to haveconceded the validity of the reason or reasons stated in the notice, and the denial or revocation shallbecome final.

(b) Within 10 days of the date upon which the Chief receives such a submission, he shall serve upon theapplicant 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 ofappeal pursuant to the District of Columbia Administrative Procedure Act (§ 2-501 et seq.) or, if such anotice of appeal is filed, at the time the final order or judgment of the District of Columbia Court of Appeals

§ 7-2502.10. PROCEDURE FOR DENIAL AND REVOCATION OFREGISTRATION CERTIFICATE.

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becomes effective.

(c) Within 7 days of a decision unfavorable to the applicant or registrant becoming final, the applicant orregistrant shall:

(1) Peaceably surrender to the Chief the firearm for which the registration certificate was revoked inthe 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.

(d) If a firearm is in the possession of the Chief, the Chief may maintain possession of the firearm forwhich the registrant is temporarily or permanently prohibited from having lawful possession until finaldisposition of the matter.

(Sept. 24, 1976, D.C. Law 1-85, title II, § 210, 23 DCR 2464; Mar. 16, 1978, D.C. Law 2-62, § 2, 24 DCR5780; 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 asfollows:

"(a) If it appears to the Chief that an application for a registration certificate should be denied or that aregistration certificate should be revoked, the Chief shall notify the applicant or registrant of the proposeddenial or revocation, briefly stating the reason or reasons therefor. Service may be made by delivering a copyof the notice to the applicant or registrant personally, or by leaving a copy thereof at the place of residenceidentified on the application or registration with some person of suitable age and discretion then residingtherein, or by mailing a copy of the notice by certified mail to the residence address identified on theapplication 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 thepreceding sentence at the business address of the organization identified in the application or registrationcertificate. The person serving the notice shall make proof thereof with the Chief in a manner prescribed byhim. In the case of service by certified mail, the signed return receipt shall be filed with the Chief together witha signed statement showing the date such notice was mailed; and if the return receipt does not purport to besigned by the person named in the notice, then specific facts from which the Chief can determine that theperson who signed the receipt meets the appropriate qualifications for receipt of such notice set out in thissubsection. The applicant or registrant shall have 15 days from the date the notice is served in which to submitfurther evidence in support of the application or qualifications to continue to hold a registration certificate, asthe case may be; provided, that if the applicant does not make such a submission within 15 days from thedate of service, the applicant or registrant shall be deemed to have conceded the validity of the reason orreasons 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 AmendmentAct 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.

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

(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

§ 7-2502.11. INFORMATION PROHIBITED FROM USE AS EVIDENCE INCRIMINAL PROCEEDINGS.

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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 assignedBill No. 5-169, which was referred to the Committee of the Whole. The Bill was adopted on first and secondreadings on May 10, 1983, and May 24, 1983, respectively. Signed by the Mayor on June 9, 1983, it wasassigned Act No. 5-41 and transmitted to both Houses of Congress for its review.

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 oleoresincapsicum.

(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 Counciland assigned Bill No. 9-587, which was referred to the Committee on the Judiciary. The Bill was adopted onfirst and second readings on December 1, 1992, and December 15, 1992, respectively. Signed by the Mayoron 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 onJune 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 May16, 1995.

(a) Notwithstanding the provisions of § 7-2501.01(7)(C), a person 18 years of age or older may possessand use a self-defense spray in the exercise of reasonable force in defense of the person or the person'sproperty only if it is propelled from an aerosol container, labeled with or accompanied by clearly writteninstructions as to its use, and dated to indicate its anticipated useful life.

(b) 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.

(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.

§ 7-2502.12. DEFINITION OF SELF-DEFENSE SPRAY.

§ 7-2502.13. POSSESSION OF SELF-DEFENSE SPRAYS.

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(a) A person 18 years of age or older must register the self-defense spray at the time of purchase bycompleting a standard registration form.

(b) The vendor must forward the registration form to the Metropolitan Police Department.

(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.

(a) The executor or administrator of an estate containing a firearm shall notify the Chief of the death of thedecedent within 30 days of his appointment or qualification, whichever is earlier.

(b) Until the lawful distribution of such firearm to an heir or legatee or the lawful sale, transfer, or dispositionof the firearm by the estate, the executor or administrator of such estate shall be charged with the dutiesand obligations which would have been imposed by this unit upon the decedent, if the decedent were stillalive; provided, that such executor or administrator shall not be liable to the criminal penalties of § 7-2507.06.

(Sept. 24, 1976, D.C. Law 1-85, title III, § 301, 23 DCR 2464; Mar. 16, 1978, D.C. Law 2-62, § 2, 24 DCR5780; 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.

(a) No person or organization shall manufacture any firearm, destructive device or parts thereof, orammunition, within the District; provided, that persons holding registration certificates may engage in handloading, reloading, or custom loading ammunition for his registered firearms; provided further, that suchperson may not hand load, reload, or custom load ammunition for others.

(b) 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 licenseeshall 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, forthose persons specified in § 7-2502.01(b)(1).

(c) Any license issued pursuant to this section shall be issued by the Metropolitan Police Department as aPublic Safety endorsement to a basic business license under the basic business license system as setforth in subchapter I-A of Chapter 28 of Title 47.

(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.)

§ 7-2502.14. REGISTRATION OF SELF-DEFENSE SPRAYS.

SUBCHAPTER III. ESTATES CONTAINING FIREARMS.

§ 7-2503.01. RIGHTS AND RESPONSIBILITIES OF EXECUTORS ANDADMINISTRATORS.

SUBCHAPTER IV. LICENSING OF FIREARMS BUSINESSES.

§ 7-2504.01. MANUFACTURE OF FIREARMS, DESTRUCTIVE DEVICES ORAMMUNITION PROHIBITED; REQUIREMENT FOR DEALER'S LICENSE.

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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 thebasic" 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 of2003 (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 Counciland assigned Bill No. 12-615, which was referred to the Committee of the Whole. The Bill was adopted onfirst and second readings on December 1, 1998, and December 15, 1998, respectively. Signed by theMayor on December 31, 1998, it was assigned Act No. 12-615 and transmitted to both Houses of Congressfor its review. D.C. Law 12-261 became effective on April 20, 1999.

For Law 15-38, see notes following § 7-732.

(a) Any person eligible to register a firearm under this unit and who, if a registrant, has not previously failedto perform any of the duties imposed by this unit; and, any person eligible under the acts of Congress toengage in such business, may obtain a dealer's license, or a renewal thereof, which shall be valid for aperiod of not more than 1 year from the date of issuance. The license required by this unit, shall be inaddition to any other license or licensing procedure required by law.

(b) Each application for a dealer's license and each application for renewal thereof shall be made on aform 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 inthe District; and

(4) Such other information as the Chief may require, including fingerprints and photographs of theapplicant, to carry out the purposes of this unit.

(c) Each application for a dealer's license, or renewal shall be accompanied by a fee established by theMayor; provided, that such fee shall in the judgment of the Mayor, reimburse the District for the cost ofservices provided under this subchapter.

(d) Any license issued pursuant to this section shall be issued as a Public Safety endorsement to a basicbusiness license under the basic business license system as set forth in subchapter I-A of Chapter 28 ofTitle 47.

(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 thebasic" 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 of2003 (D.C. Act 15-145, August 11, 2003, 50 DCR 6896).

§ 7-2504.02. QUALIFICATIONS FOR DEALER'S LICENSE; APPLICATION;FEE.

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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

(a) 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 andqualified under the provisions of this unit thereto, shall issue a dealer's license. Each dealer's license shallbe in duplicate and bear a unique dealer's license number, and such other information as the Chiefdetermines is necessary to identify the applicant and premises. The duplicate of the dealer's license shallbe delivered to the applicant and the Chief shall retain the original.

(b) The Chief shall approve or deny an application for a registration certificate within a 60-day periodbeginning on the date the Chief receives the application, unless good cause is shown, includingnonreceipt of information from sources outside the District government. The Chief may hold in abeyancean application where there is any firearms revocation proceeding pending against such person.

(c) Upon receipt of a dealer's license, each applicant shall examine the same to ensure that theinformation thereon is correct. If the dealer's license is incorrect in any respect, the person named thereonshall return the same to the Chief with a signed statement showing the nature of the error. The Chief shallcorrect the error, if it occurred through administrative error. In the event the error resulted from informationcontained in the application, the applicant shall be required to file an amended application explaining theerror in the original application. Each amended application shall be accompanied by a fee equal to thatrequired for the original application.

(d) In the event the Chief learns of an error in a dealer's license, other than as provided in subsection (c) ofthis section, he may require the holder to return the dealer's license for correction. If the error resulted frominformation contained in the application, the person named therein shall be required to file an amendedapplication 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'sduties under this unit.

(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.

(a) Each person holding a dealer's license, in addition to any other requirements imposed by this unit, theacts 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:

(A) 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 destructionof any firearms or ammunition in the dealer's inventory;

(B) 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:

(A) The name, address, home phone, and date of birth of each employee handling firearms,

§ 7-2504.03. ISSUANCE OF DEALER'S LICENSE; TIME PERIOD;CORRECTIONS.

§ 7-2504.04. DUTIES OF LICENSED DEALERS; RECORDS REQUIRED.

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ammunition, or destructive devices;

(B) Each firearm or destructive device received into inventory or for repair including the:

(i) Serial number, caliber, make, model, manufacturer's number (if any), dealer's identificationnumber (if any), registration certificate number (if any) of the firearm, and similar descriptiveinformation for destructive devices;

(ii) Name, address, and dealer's license number (if any) of the person or organization fromwhom the firearm or destructive device was purchased or otherwise received;

(iii) Consideration given for the firearm or destructive device, if any;

(iv) Date and time received by the licensee and in the case of repair, returned to the personholding the registration certificate; and

(v) Nature of the repairs made;

(C) Each firearm or destructive device sold or transferred including the:

(i) Serial number, caliber, make, model, manufacturer's number or dealer's identificationnumber, and registration certificate number (if any) of the firearm or similar information fordestructive devices;

(ii) Name, address, registration certificate number or license number (if any) of the person ororganization to whom transferred;

(iii) The consideration for transfer; and

(iv) Time and date of delivery of the firearm or destructive device to the transferee;

(D) Ammunition received into inventory including the:

(i) Brand and number of rounds of each caliber or gauge;

(ii) Name, address, and dealer's license or registration number (if any) of the person ororganization from whom received;

(iii) Consideration given for the ammunition; and

(iv) Date and time of the receipt of the ammunition;

(E) Ammunition sold or transferred including:

(i) Brand and number of rounds of each caliber or gauge;

(ii) Name, address and dealer's license number (if any) of the person or organization to whomsold or transferred;

(iii) If the purchaser or transferee is not a licensee, the registration certificate number of thefirearm for which the ammunition was sold or transferred;

(iv) The consideration for the sale and transfer; and

(v) The date and time of sale or transfer.

(b) The records required by subsection (a) of this section shall upon demand be exhibited during normalbusiness hours to any member of the Metropolitan Police Department. In addition, the records required bysubsection (a) of this section shall be submitted upon demand with the dealer's application for licenserenewal.

(c) Each person holding a dealer's license shall, when required by the Chief in writing, submit on a formand 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.

(Sept. 24, 1976, D.C. Law 1-85, title IV, § 404, 23 DCR 2464; Mar. 31, 2009, D.C. Law 17-372, § 3(j), 56DCR 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 anyfirearms or ammunition in the dealer's inventory;" for "destruction;"; and, in subsec. (b), added the secondsentence.

Emergency Act Amendments

For temporary (90 day) amendment of section, see § 3(j) of Firearms Registration Emergency Amendment

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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.

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 beintentionally 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 .

(Sept. 24, 1976, D.C. Law 1-85, title IV, § 405, 23 DCR 2464; Mar. 31, 2009, D.C. Law 17-372, § 3(k), 56DCR 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; andadded 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 AmendmentAct 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 ReviewEmergency 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 ReviewEmergency 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.

(a) If it appears to the Chief that an application for a dealer's license should be denied or that a dealer'slicense should be revoked, the Chief shall notify the applicant or registrant of the proposed denial orrevocation 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 furtherevidence in support of the application or qualifications to continue to hold a dealer's license, as the casemay be; provided, that if the applicant or dealer does not make such a submission within 15 days from thedate of service, the applicant or dealer shall be deemed to have conceded the validity of the reason orreasons stated in the notice, and the denial or revocation shall become final.

(b) Within 10 days of the date upon which the Chief receives such a submission, the Chief shall serve uponthe applicant or registrant in the manner provided in § 7-2502.10(a) notice of his final decision. The Chief'sdecision shall become effective at the expiration of the time within which to file a notice of appeal pursuantto the District of Columbia Administrative Procedure Act (§ 2-501 et seq.) or, if such a notice of appeal is

§ 7-2504.05. REVOCATION OF DEALER'S LICENSE.

§ 7-2504.06. PROCEDURE FOR DENIAL AND REVOCATION OF DEALER'SLICENSE.

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filed, at the time the final order or judgment of the District of Columbia Court of Appeals becomeseffective.

(c) Within 45 days of a decision becoming effective, which is unfavorable to a licensee or to an applicantfor 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 arecapable of registration pursuant to this unit;

(2) Peaceably surrender to the Chief any firearms in his inventory which he does not register, and alldestructive 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 alldestructive 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 alldestructive devices and ammunition in his inventory.

(Sept. 24, 1976, D.C. Law 1-85, title IV, § 406, 23 DCR 2464; Mar. 16, 1978, D.C. Law 2-62, § 2, 24 DCR5780.)

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.

(a) No licensed dealer shall display any firearm or ammunition in windows visible from a street orsidewalk. All firearms, destructive devices, and ammunition shall be kept at all times in a securely lockedplace affixed to the premises except when being shown to a customer, being repaired, or otherwise beingworked on.

(b) No licensee shall knowingly employ any person in his establishment if such person would not beeligible to register a firearm under this unit.

(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.

(a) No licensee shall sell or offer for sale any firearm which does not have imbedded into the metal portionof such firearm a unique manufacturer's identification number or serial number, unless the licensee shallhave imbedded into the metal portion of such firearm a unique dealer's identification number.

(b) Beginning on January 1, 2014, no licensee shall sell or offer for sale any semiautomatic pistolmanufactured on or after January 1, 2014 that is not microstamp-ready as required by and in accordancewith § 7-2505.03.

(Sept. 24, 1976, D.C. Law 1-85, title IV, § 408, 23 DCR 2464; Mar. 31, 2009, D.C. Law 17-372, § 3(l), 56DCR 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.)

HISTORICAL AND STATUTORY NOTES

§ 7-2504.07. DISPLAY OF FIREARMS OR AMMUNITION BY DEALERS;SECURITY; EMPLOYEES OF DEALERS.

§ 7-2504.08. IDENTIFICATION NUMBER ON FIREARM REQUIRED BEFORESALE.

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Prior Codifications

1981 Ed., § 6-2348.

1973 Ed., § 6-1848.

Effect of Amendments

D.C. Law 17-372 designated subsec. (a); and added subsec. (b).

D.C. Law 18-377, in subsec. (b), substituted "January 1, 2013" for "January 1, 2011".

D.C. Law 19-170 in subsec. (b), substituted "January 1, 2014" for "January 1, 2013".

Emergency Act Amendments

For temporary (90 day) amendment of section, see § 3(l) of Firearms Registration Emergency AmendmentAct of 2008 (D.C. Act 17-651, January 6, 2009, 56 DCR 911).

For temporary (90 day) amendment of section, see § 502(e) of Public Safety Legislation Sixty-Day LayoverEmergency Amendment Act of 2010 (D.C. Act 18-693, January 18, 2011, 58 DCR 640).

For temporary (90 day) amendment of section, see § 502(e) of Public Safety Legislation Sixty-Day LayoverCongressional 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(k) 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(k) of the Firearms Amendments CongressionalReview 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(k) of the Firearms Second Congressional ReviewEmergency 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 18-377, see notes under § 7-2502.03.

For history of Law 19-170, see notes under § 7-2501.01.

No information obtained from or retained by a licensed dealer to comply with this unit shall be used asevidence against such licensed dealer in any criminal proceeding with respect to a violation of this unitoccurring prior to or concurrently with the filing of such information; provided, that this section shall notapply to any violation of § 22-2402, or of § 7-2507.04.

(Sept. 24, 1976, D.C. Law 1-85, title IV, § 409, 23 DCR 2464; Mar. 16, 1978, D.C. Law 2-62, § 2, 24 DCR5780; Aug. 2, 1983, D.C. Law 5-24, § 13, 30 DCR 3341.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 6-2349.

1973 Ed., § 6-1849.

Emergency Act Amendments

For temporary (90 day) addition of section, see § 2(l) of Firearms Emergency Amendment Act of 2012 (D.C.Act 19-352, May 11, 2012, 59 DCR 5116).

For temporary (90 day) addition of section, see § 2(l) of the Firearms Amendments Congressional ReviewEmergency Amendment Act of 2012 (D.C. Act 19- 394, July 18, 2012, 59 DCR 8694).

For temporary (90 day) addition of section, see § 2(l) of the Firearms Second Congressional ReviewEmergency 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 5-24, see Historical and Statutory Notes following § 7-2502.11.

§ 7-2504.09. CERTAIN INFORMATION OBTAINED FROM OR RETAINED BYDEALERS NOT TO BE USED AS EVIDENCE IN CRIMINAL PROCEEDINGS.

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(a) Whenever there is no active federal firearms licensee in the District of Columbia, the Mayor may seekfrom federal authorities a license for the District to act as a federal firearms licensee solely for the benefitof any District resident eligible and seeking to obtain a lawful handgun.

(b) The Mayor shall delegate the authority under subsection (a) of this section to a subordinate agency.

(c) The District shall act under the license obtained pursuant to subsection (a) of this section only until suchtime as there is an active federal firearms licensee in the District of Columbia.

(d) The District may charge a fee to recover the cost of acting as a federal firearms licensee pursuant tosubsection (a) of this section by charging $125 or its actual costs, whichever is less, for each handgun.

(e) For the purposes of this section, the term "active federal firearms licensee" means a person orbusiness that has applied for and received a federal firearms license pursuant to 18 U.S.C. § 923 for thepurpose of interstate transfer of handguns, and is operating commercially in the District of Columbia.

(Sept. 24, 1976, D.C. Law 1-85, title IV, § 410, as added Sept. 26, 2012, D.C. Law 19-170, § 2(l), 59 DCR5691.)

HISTORICAL AND STATUTORY NOTES

Legislative History of Laws

For history of Law 19-170, see notes under § 7-2501.01.

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

(Sept. 24, 1976, D.C. Law 1-85, title V, § 501, 23 DCR 2464; Mar. 16, 1978, D.C. Law 2-62, § 2, 24 DCR5780.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 6-2351.

1973 Ed., § 6-1851.

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.

(a) Any person or organization eligible to register a firearm may sell or otherwise transfer ammunition orany firearm, except those which are unregisterable under § 7-2502.02, to a licensed dealer.

(b) Any licensed dealer may sell or otherwise transfer:

(1) Ammunition, excluding restricted pistol bullets, and any firearm or destructive device which islawfully a part of such licensee's inventory, to any nonresident person or business licensed under theacts of Congress and the jurisdiction where such person resides or conducts such business;

(2) Ammunition, including restricted pistol bullets, and any firearm or destructive device which islawfully a part of such licensee's inventory to:

(A) Any other licensed dealer;

(B) Any law enforcement officer or agent of the District or the United States of America when suchofficer 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 thehead of his agency stating that the item is to be used in such officer's or agent's official duties.

(c) Any licensed dealer may sell or otherwise transfer a firearm except those which are unregisterableunder § 7-2502.02, to any person or organization possessing a registration certificate for such firearm;

§ 7-2504.10. DISTRICT AS FEDERAL FIREARMS LICENSEE.

SUBCHAPTER V. SALE AND TRANSFER OF FIREARMS,DESTRUCTIVE DEVICES, AND AMMUNITION.

§ 7-2505.01. SALES AND TRANSFERS PROHIBITED.

§ 7-2505.02. PERMISSIBLE SALES AND TRANSFERS.

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provided, that if the Chief denies a registration certificate, he shall so advise the licensee who shallthereupon: (1) withhold delivery until such time as a registration certificate is issued, or, at the option of thepurchaser; (2) declare the contract null and void, in which case consideration paid to the licensee shall bereturned to the purchaser; provided further, that this subsection shall not apply to persons covered bysubsection (b) of this section.

(d) Except as provided in subsections (b) and (e) of this section, no licensed dealer shall sell or otherwisetransfer 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 thecase of a nonresident, proof that the weapon is lawfully possessed in the jurisdiction where suchperson resides;

(3) The ammunition to be sold or transferred is of the same caliber or gauge as the firearm describedin 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 requiredunder this unit) shall be maintained by the licensed dealer for a period of 1 year from the date of sale.

(e) Any licensed dealer may sell ammunition to any person holding an ammunition collector's certificate onSeptember 24, 1976; provided, that the collector's certificate shall be exhibited to the licensed dealerwhenever the collector purchases ammunition for his collection; provided further, that the collector shallsign a receipt for the ammunition, which shall be treated in the same manner as that required underparagraph (4) of subsection (d) of this section.

(Sept. 24, 1976, D.C. Law 1-85, title V, § 502, 23 DCR 2464; Mar. 16, 1978, D.C. Law 2-62, § 2, 24 DCR5780; Aug. 2, 1983, D.C. Law 5-19, § 3, 30 DCR 3328.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 6-2352.

1973 Ed., § 6-1852.

Temporary Amendments of Section

For temporary (225 day) provisions prohibiting the transfer by the Metropolitan Police Department ofammunition feeding devices, see § 2 of Prohibition on the Transfer of Firearms Temporary Act of 1995 (D.C.Law 11-35, September 8, 1995, law notification 42 DCR 5304).

Emergency Act Amendments

For temporary provisions prohibiting the transfer by the Metropolitan Police Department of ammunitionfeeding devices, see § 2 of the Prohibition on the Transfer of Firearms Emergency Act of 1995 (D.C. Act 11-58, May 18, 1995, 42 DCR 2574).

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 5-19, see Historical and Statutory Notes following § 7-2501.01.

Miscellaneous Notes

Prohibition on transfer of ammunition feeding devices: For provisions prohibiting the transfer by theMetropolitan Police Department of ammunition feeding devices, see § 4-191.

(a) For the purposes of the section, the term:

(1) "Firearms dealer" means a person or organization possessing a dealer's license under authority ofsubchapter IV of this chapter.

(2) "Manufacturer" means any person in business to manufacture or assemble a firearm, for sale ordistribution.

(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 themake, model, and serial number of the pistol.

(4) "Semiautomatic pistol" means a pistol capable of utilizing a portion of the energy of a firingcartridge to extract the fired cartridge case and automatically chamber the next round, and that

§ 7-2505.03. MICROSTAMPING.

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requires a separate pull of the trigger to fire each successive round.

(b) Except as provided in subsection (c) of this section, beginning on January 1, 2014, a semiautomaticpistol shall be microstamp-ready if it is:

(1) Manufactured in the District of Columbia;

(2) Manufactured on or after January 1, 2014, and delivered or caused to be delivered by anymanufacturer to a firearms dealer in the District of Columbia; or

(3) Manufactured on or after January 1, 2014, and sold, offered for sale, loaned, given, or transferredby a firearms dealer in the District of Columbia.

(c)(1) A semiautomatic pistol manufactured after January 1, 2014 that is not microstamp-ready and thatwas acquired outside of the District by a person who was not a District resident at the time of acquisitionbut who subsequently moved to the District shall be registered if the requirements of this unit are met, andmay be sold, transferred, or given away; provided, that the pistol shall be sold, transferred, or given awayonly through a firearms dealer.

(2) If a firearms dealer lawfully acquires a microstamp-ready semiautomatic pistol that was originallypurchased by a non-dealer resident of the District of Columbia, the firearms dealer shall not sell, offerfor sale, loan, give, or transfer that pistol if he or she knows or reasonably should have known that theunique alphanumeric or geometric code associated with that pistol has been changed, altered,removed, or obliterated, excepting for normal wear.

(d)(1) Except as provided in paragraph (2) of this subsection, and except for normal wear, no person shallchange, alter, remove, or obliterate the unique alpha-numeric or geometric code associated with thatpistol.

(2) Replacing a firing pin that has been damaged or worn and is in need of replacement for the safeuse of the semiautomatic pistol or for a legitimate sporting purpose shall not alone be evidence thatsomeone has violated this subsection.

(e) Beginning January 1, 2014, a manufacturer that delivers a semiautomatic pistol, or causes asemiautomatic pistol to be delivered, to a firearms dealer for sale in the District of Columbia shall certifywhether the pistol was manufactured on or after January 1, 2014 and, if it was, that:

(1) The semiautomatic pistol will produce a unique alpha-numeric code or a geometric code on eachcartridge case that identifies the make, model, and serial number of the semiautomatic pistol thatexpended the cartridge casing; and

(2) The manufacturer will supply the Chief with the make, model, and serial number of thesemiautomatic pistol that expended the cartridge case, when presented with an alpha-numeric orgeometric code from a cartridge case; provided, that the cartridge case was recovered as part of alegitimate law enforcement investigation.

(f) The Chief, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to implement the provisionsof this section.

(Sept. 24, 1976, D.C. Law 1-85, title V, § 503, as added Mar. 31, 2009, D.C. Law 17-372, § 3(m), 56 DCR1365; June 3, 2011, D.C. Law 18-377, § 2(f), 58 DCR 1174; Sept. 26, 2012, D.C. Law 19-170, § 2(m), 59DCR 5691.)

HISTORICAL AND STATUTORY NOTES

Effect of Amendments

D.C. Law 18-377, in subsec. (f), substituted "January 1, 2013" for "January 1, 2011".

D.C. Law 19-170, in subsecs. (b) and (e), substituted "January 1, 2014" for "January 1, 2013"; and, in subsec.(c)(1), substituted "2013 that" for "2014 that".

Emergency Act Amendments

For temporary (90 day) addition, see § 3(m) 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(f) of Public Safety Legislation Sixty-Day LayoverEmergency Amendment Act of 2010 (D.C. Act 18-693, January 18, 2011, 58 DCR 640).

For temporary (90 day) amendment of section, see § 502(f) of Public Safety Legislation Sixty-Day LayoverCongressional 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(m) 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(m) of the Firearms Amendments CongressionalReview 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(m) of the Firearms Second Congressional Review

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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.

(a) Except as provided in subsections (c), (d), or (e) of this section, beginning January 1, 2009, a pistolthat is not on the California Roster of Handguns Certified for Sale, (also known as the California Roster ofHandguns 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 theDistrict of Columbia.

(b) Except as provided in subsection (e) of this section, beginning January 1, 2009, a pistol that is not onthe California Roster of Handguns Certified for Sale as of January 1, 2009, may not be owned orpossessed within the District of Columbia unless that pistol was lawfully owned and registered prior toJanuary 1, 2009.

(c) Except as provided in subsection (e) of this section, a District of Columbia resident who is the owner ofa pistol lawfully registered prior to January 1, 2009, that is not on the California Roster of HandgunsCertified 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.

(d) Except as provided in subsection (e) of this section, beginning January 1, 2009, a licensed firearmdealer who retains in the dealer's inventory, or who otherwise lawfully acquires, any pistol not on theCalifornia Roster of Handguns Certified for Sale as of January 1, 2009, may sell, loan, give, trade, orotherwise transfer the firearm only to another licensed firearm dealer.

(e) 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 UnitedStates;

(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 amotion picture, television, or video production by an authorized participant in the course of making thatproduction or event or by an authorized employee or agent of the entity producing that production orevent;

(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 travelingthrough the District; provided, that the firearm shall be transported in accordance with § 22-4504.02.

(f) The Chief shall review any additions or deletions to the California Roster of Handguns Certified for Saleat least annually. For purposes of District law, the Chief is authorized to revise, by rule, the roster ofhandguns determined not to be unsafe prescribed by subsection (a) of this section and to prescribe byrule the firearms permissible pursuant to subsection (e) of this section.

(g) The Chief shall provide to the licensed firearm dealers within the District information about how toobtain a copy of the California Roster of Handguns Certified for Sale and any revisions to it made theChief.

(Sept. 24, 1976, D.C. Law 1-85, title II, § 504, as added Mar. 31, 2009, D.C. Law 17-372, § 3(m), 56 DCR1365.)

HISTORICAL AND STATUTORY NOTES

Emergency Act Amendments

For temporary (90 day) addition, see § 3(m) of Firearms Registration Emergency Amendment Act of 2008(D.C. Act 17-651, January 6, 2009, 56 DCR 911).

Legislative History of Laws

For Law 17-372, see notes following § 7-2501.01.

§ 7-2505.04. PROHIBITION ON SALE, TRANSFER, OWNERSHIP, ORPOSSESSION OF DESIGNATED UNSAFE PISTOL.

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(a) 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, onduty 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 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 classconducted by a firearms instructor.

(b) No person in the District shall possess, sell, or transfer any large capacity ammunition feeding deviceregardless 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 devicethat has a capacity of, or that can be readily restored or converted to accept, more than 10 rounds ofammunition. The term "large capacity ammunition feeding device" shall not include an attached tubulardevice designed to accept, and capable of operating only with, .22 caliber rimfire ammunition.

(Sept. 24, 1976, D.C. Law 1-85, title VI, § 601, 23 DCR 2464; Mar. 16, 1978, D.C. Law 2-62, § 2, 24 DCR5780; Aug. 2, 1983, D.C. Law 5-19, § 4, 30 DCR 3328; Mar. 31, 2009, D.C. Law 17-372, § 3(n), 56 DCR1365; Sept. 26, 2012, D.C. Law 19-170, § 2(n), 59 DCR 5691.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 6-2361.

1973 Ed., § 6-1861.

Effect of Amendments

D.C. Law 17-372 designated subsec. (a); and added subsec. (b).

D.C. Law 19-170 rewrote subsec. (a)(3); in subsec. (a)(4), substituted "1976; or" for "1976."; and addedsubsec. (a)(5). Prior to amendment, subsec. (a)(3) read as follows:

"(3) He is the holder of the valid registration certificate for a firearm of the same gauge or caliber as theammunition he possesses; except, that no such person shall possess restricted pistol bullets; or"

Emergency Act Amendments

For temporary (90 day) amendment of section, see § 2(d) of Second Firearms Control EmergencyAmendment Act of 2008 (D.C. Act 17-502, September 16, 2008, 55 DCR 9904).

For temporary (90 day) amendment of section, see § 2(d) of Second Firearms Control Congressional ReviewEmergency Amendment Act of 2008 (D.C. Act 17-601, December 12, 2008, 56 DCR 9).

For temporary (90 day) amendment of section, see § 3(n) of Firearms Registration Emergency AmendmentAct of 2008 (D.C. Act 17-651, January 6, 2009, 56 DCR 911).

For temporary (90 day) amendment of section, see § 2(n) 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(n) of the Firearms Amendments CongressionalReview 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(n) of the Firearms Second Congressional ReviewEmergency 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 5-19, 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.

SUBCHAPTER VI. POSSESSION OF AMMUNITION.

§ 7-2506.01. PERSONS PERMITTED TO POSSESS AMMUNITION.

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(a) No firearm, destructive device, or ammunition shall be security for, or be taken or received by way ofany mortgage, deposit, pledge, or pawn.

(b) No person may loan, borrow, give, or rent to or from another person, any firearm, destructive device, orammunition.

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

HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 6-2371.

1973 Ed., § 6-1871.

Legislative History of Laws

For legislative history of D.C. Law 1-85, see Historical and Statutory Notes following § 7-2501.01.

(a) It shall be the policy of the District of Columbia that each registrant should keep any firearm in his or herpossession unloaded and either disassembled or secured by a trigger lock, gun safe, locked box, or othersecure device.

(b) No person shall store or keep any firearm on any premises under his control if he knows or reasonablyshould know that a minor is likely to gain access to the firearm without the permission of the parent orguardian of the minor unless such person:

(1) Keeps the firearm in a securely locked box, secured container, or in a location which a reasonableperson would believe to be secure; or

(2) Carries the firearm on his person or within such close proximity that he can readily retrieve and useit as if he carried it on his person.

(c)(1) A person who violates subsection (b) of this section is guilty of criminally negligent storage of afirearm 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 himselfor 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 thefirearm 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.

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

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

HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 6-2372.

1973 Ed., § 6-1872.

Effect of Amendments

D.C. Law 17-372 rewrote the section, which had read as follows:

"Except for law enforcement personnel described in § 7-2502.01(b)(1), each registrant shall keep any firearmin his possession unloaded and disassembled or bound by a trigger lock or similar device unless such firearmis kept at his place of business, or while being used for lawful recreational purposes within the District ofColumbia."

SUBCHAPTER VII. MISCELLANEOUS PROVISIONS.

§ 7-2507.01. SECURITY MORTGAGES, DEPOSITS, OR PAWNS WITHFIREARMS, DESTRUCTIVE DEVICES, OR AMMUNITION PROHIBITED;LOAN OR RENTAL OF FIREARMS, DESTRUCTIVE DEVICES, ORAMMUNITION PROHIBITED.

§ 7-2507.02. RESPONSIBILITIES REGARDING STORAGE OF FIREARMS;PENALTIES.

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D.C. Law 19-170 added subsec. (c-1).

Emergency Act Amendments

For temporary (90 day) amendment, see § 2(c) 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(e) of Second Firearms Control EmergencyAmendment 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 EmergencyAmendment Act of 2008 (D.C. Act 17-502, September 16, 2008, 55 DCR 9904).

For temporary (90 day) amendment of section, see §§ 2(e) and 4 of Second Firearms Control CongressionalReview 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(o) of Firearms Registration Emergency AmendmentAct of 2008 (D.C. Act 17-651, January 6, 2009, 56 DCR 911).

For temporary (90 day) amendment of section, see § 2(o) 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(o) of the Firearms Amendments CongressionalReview 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(o) of the Firearms Second Congressional ReviewEmergency 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.

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

(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.

(a) It shall be unlawful for any person purchasing any firearm or ammunition, or applying for any registrationcertificate or dealer's license under this unit, or in giving any information pursuant to the requirements ofthis unit, to knowingly give false information or offer false evidence of identity.

(b) It shall be unlawful for anyone to forge or alter any application, registration certificate, or dealer'slicense submitted, retained or issued under this unit.

(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

§ 7-2507.03. FIRING RANGES.

§ 7-2507.04. FALSE INFORMATION; FORGERY OR ALTERATION.

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For legislative history of D.C. Law 1-85, see Historical and Statutory Notes following § 7-2501.01.

(a) If a person or organization within the District voluntarily and peaceably delivers and abandons to theChief any firearm, destructive device or ammunition at any time, such delivery shall preclude the arrest andprosecution 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 anypolice district, station, or central headquarters, or by summoning a police officer to the person's residenceor place of business. Every firearm and destructive device to be delivered and abandoned to the Chiefunder this section shall be transported in accordance with § 22-4504.02 and, in the case of delivery to apolice facility, the package shall be carried in open view. No person who delivers and abandons afirearm, 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, orammunition delivered and abandoned under this section.

(b) Whenever any firearm, destructive device, or any ammunition is surrendered under this section orpursuant to § 7-2502.10(c)(1), the Chief shall inquire of the United States Attorney and the CorporationCounsel for the District whether such firearm is needed as evidence; provided, that if the same is notneeded as evidence, it shall be destroyed.

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

HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 6-2375.

1973 Ed., § 6-1875.

Effect of Amendments

D.C. Law 17-372, in subsec. (a), substituted "shall be transported in accordance with § 4504.02," for "shall beunloaded and securely wrapped in a package".

Temporary Amendments of Section

For temporary (225 day) provisions prohibiting the transfer by the Metropolitan Police Department ofammunition feeding devices, see § 2 of Prohibition on the Transfer of Firearms Temporary Act of 1995 (D.C.Law 11-35, September 8, 1995, law notification 42 DCR 5304).

Emergency Act Amendments

For temporary prohibition on the transfer by the Metropolitan Police Department of any ammunition feedingdevice, see § 2 of the Prohibition on the Transfer of Firearms Emergency Act of 1995 (D.C. Act 11-58, May18, 1995, 42 DCR 2574).

For temporary (90 day) amendment of section, see § 3(p) of Firearms Registration Emergency AmendmentAct 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.

Miscellaneous Notes

Prohibition on transfer of ammunition feeding devices: For provisions prohibiting the transfer by theMetropolitan Police Department of ammunition feeding devices, see § 4-191.

Except as provided in §§ 7-2502.05, 7-2502.08, 7-2507.02, and 7- 2508.07, any person convicted of aviolation of any provision of this unit shall be fined not more than $1,000 or imprisoned for not more than 1year, 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 $10,000 or imprisonedfor not more than 10 years, or both.

§ 7-2507.05. VOLUNTARY SURRENDER OF FIREARMS, DESTRUCTIVEDEVICES, OR AMMUNITION; IMMUNITY FROM PROSECUTION;DETERMINATION OF EVIDENTIARY VALUE OF FIREARM.

§ 7-2507.06. PENALTIES.

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(2)(A) Except as provided in subparagraph (B) of this paragraph, any person who is convicted asecond time for possessing an unregistered firearm shall be fined not more than $5,000 or imprisonednot more than 5 years, or both.

(B) A person who in the person's dwelling place, place of business, or on other land possessed bythe person, possesses a pistol, or firearm that could otherwise be registered, shall be fined notmore than $1,000 or imprisoned not more than 1 year, or both.

(3) A person convicted of knowingly possessing restricted pistol bullets in violation of § 7-2506.01(3)may be sentenced to imprisonment for a term not to exceed 10 years and shall be sentenced toimprisonment for a mandatory-minimum term of not less than 1 year and shall not be released fromprison or granted probation or suspension of sentence prior to serving the mandatory-minimumsentence, and, in addition, may be fined an amount not to exceed $10,000.

(Sept. 24, 1976, D.C. Law 1-85, title VII, § 706, 23 DCR 2464; Mar. 5, 1981, D.C. Law 3-147, § 2, 27 DCR4882; Aug. 20, 1994, D.C. Law 10-151, § 301, 41 DCR 2608; Apr. 24, 2007, D.C. Law 16-306, § 205, 53DCR 8610; Sept. 26, 2012, D.C. Law 19-170, § 2(p), 59 DCR 5691.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 6-2376.

1973 Ed., § 6-1876.

Effect of Amendments

D.C. Law 16-306 added par. (3).

D.C. Law 19-170 substituted "Except as provided in §§ 7-2502.05, 7-2502.08, 7- 2507.02, and 7-2508.07,any person convicted of a violation of any provision of this unit" for "Any person convicted of a violation of anyprovision of this unit".

Emergency Act Amendments

For temporary amendment of section, see § 301 of the Omnibus Criminal Justice Reform EmergencyAmendment Act of 1994 (D.C. Act 10-255, June 22, 1994, 41 DCR 4286).

For temporary (90 day) amendment of section, see § 205 of Omnibus Public Safety Emergency AmendmentAct of 2006 (D.C. Act 16-445, July 19, 2006, 53 DCR 6443).

For temporary (90 day) amendment of section, see § 205 of Omnibus Public Safety Congressional ReviewEmergency Amendment Act of 2006 (D.C. Act 16-490, October 18, 2006, 53 DCR 8686).

For temporary (90 day) amendment of section, see § 205 of Omnibus Public Safety Congressional ReviewEmergency Amendment Act of 2007 (D.C. Act 17-10, January 16, 2007, 54 DCR 1479).

For temporary (90 day) amendment of section, see § 205 of Omnibus Public Safety Second CongressionalReview Emergency Amendment Act of 2007 (D.C. Act 17-25, April 19, 2007, 54 DCR 4036).

For temporary (90 day) amendment of section, see § 2(p) 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(p) of the Firearms Amendments CongressionalReview 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(p) of the Firearms Second Congressional ReviewEmergency 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.

Law 3-147, the "Firearms Penalty Act of 1980," was introduced in Council and assigned Bill No. 3-325, whichwas referred to the Committee on the Judiciary. The Bill was adopted on first and second readings onSeptember 30, 1980 and October 14, 1980, respectively. Signed by the Mayor on October 29, 1980, it wasassigned Act No. 3-272 and transmitted to both Houses of Congress for its review.

Law 10-151, the "Omnibus Criminal Justice Reform Amendment Act of 1994," was introduced in Council andassigned Bill No. 10-98, which was referred to the Committee on the Judiciary. The Bill was adopted on firstand 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. Law10-151 became effective on August 20, 1994.

Law 16-306, the "Omnibus Public Safety Amendment Act of 2006", was introduced in Council and assignedBill No. 16-247, which was referred to Committee on the Judiciary. The Bill was adopted on first and secondreadings on June 6, 2006, and October 3, 2006, respectively. Signed by the Mayor on October 17, 2006, itwas assigned Act No. 16-482 and transmitted to both Houses of Congress for its review. D.C. Law 16-306became effective on April 24, 2007.

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For history of Law 19-170, see notes under § 7-2501.01.

(a) For the purposes of this section, the term "owner" means a person with an ownership interest in thespecific conveyance sought to be forfeited. The term "owner" does not include:

(1) A person with only a general unsecured interest in, or claim against, the conveyance;

(2) A bailee; or

(3) A nominee who exercises no dominion or control over the conveyance.

(b) Any conveyance, including vehicles and vessels in which any person or persons transport, possess, orconceal 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, shall be seized and forfeited to the District of Columbia,provided that:

(1) No conveyance used by any person as a duly licensed common carrier in the course of transactingbusiness as a licensed common carrier is subject to forfeiture under this section unless it appears thatthe owner or other person in charge of the conveyance is a consenting party or has knowledge of aviolation of this section; and

(2) The forfeiture of a conveyance encumbered by a bona fide security interest is subject to the interestof the secured party if the secured party neither had knowledge of, nor consented to, the illegal actgiving rise to forfeiture.

(c) An innocent owner's interest in a conveyance which has been seized shall not be forfeited under thissection.

(1) A person is an innocent owner if he or she establishes, by a preponderance of the evidence:

(A) That he or she did not know that a person or persons in the conveyance was transporting,possessing, or concealing any firearm or that the conveyance was involved in or was being used inthe commission of any illegal act involving any firearm; or

(B) That, upon receiving knowledge of the presence of any illegal firearm in or on the conveyanceor that the conveyance was being used in the commission of an illegal act involving a forfeiture, heor she took action to terminate the presence in or on the conveyance of the person, persons, orfirearms.

(2)(A) A claimant who establishes a lack of knowledge under subsection (c)(1)(A) of this section shallbe considered an innocent owner unless the government, in rebuttal, establishes the existence of factsand circumstances that should have created a suspicion that the conveyance was being or would beused for an illegal purpose. In that case, the claimant must establish that, in light of such facts andcircumstances, he or she did all that reasonably could be expected to prevent the use of theconveyance in the commission of any such illegal act.

(B) A person who willfully blinds himself or herself to a fact shall be considered to have hadknowledge of that fact.

(d) Except as otherwise expressly provided by this section, all seizures and forfeitures of conveyancesunder this section shall follow the procedures set forth in § 48-905.02.

(Sept. 24, 1976, D.C. Law 1-85, title VII, § 706a, as added June 3, 1997, D.C. Law 11-273, § 2, 43 DCR6168; June 3, 1997, D.C. Law 11-274, § 19(b), 43 DCR 1232.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 6-2376.1.

Emergency Act Amendments

For temporary addition of section, see § 2 of the Zero Tolerance for Guns Emergency Amendment Act of1996 (D.C. Act 11-390, August 26, 1996, 43 DCR 4986), § 2 of the Zero Tolerance for Guns CongressionalAdjournment Emergency Amendment Act of 1996 (D.C. Act 11-436, December 4, 1996, 43 DCR 6651), and§ 2 of the Zero Tolerance for Guns Congressional Review Emergency Amendment Act of 1997 (D.C. Act 12-35, March 11, 1997, 44 DCR 1928).

Legislative History of Laws

Law 11-273, the "Zero Tolerance for Guns Amendment Act of 1996," was introduced in Council and assignedBill No. 11-153, which was referred to the Committee on the Judiciary. The Bill was adopted on first andsecond readings on June 19, 1996, and October 1, 1996, respectively. Signed by the Mayor on October 18,1996, it was assigned Act No. 11-431 and transmitted to both Houses of Congress for its review. D.C. Law

§ 7-2507.06A. SEIZURE AND FORFEITURE OF CONVEYANCES.

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11-273 became effective on June 3, 1997.

Law 11-274, the "Sex Offender Registration Act of 1996," was introduced in Council and assigned Bill No. 11-386, which was referred to the Committee on the Judiciary. The Bill was adopted in first and second readingson November 7, 1996, and December 3, 1996, respectively. Signed by the Mayor on December 24, 1996, itwas assigned Act No. 11-510 and transmitted to both Houses of Congress for its review. D.C. Law 11-274became effective on June 3, 1997.

The Chief shall carry on a suitable publicity program designed to inform the citizens of the District of theprovisions of this unit and the rights and obligations created by it.

(Sept. 24, 1976, D.C. Law 1-85, title VII, § 707, DCR 2464.)

Nothing in this unit shall be construed, or applied to necessarily require, or excuse noncompliance with anyprovision of any federal law. This unit and the penalties prescribed in § 7-2507.06, for violations of thisunit, shall not supersede but shall supplement all statutes of the District and the United States in whichsimilar conduct is prohibited or regulated.

(Sept. 24, 1976, D.C. Law 1-85, title VII, § 709, 23 DCR 2464; Mar. 16, 1978, D.C. Law 2-62, § 2, 24 DCR5780.)

The provisions of the District of Columbia Administrative Procedure Act (§ 2-501 et seq.) shall apply toeach proceeding, decision, or other administrative action specified in this unit, unless otherwisespecifically provided.

(Sept. 24, 1976, D.C. Law 1-85, title VII, § 710, 23 DCR 2464.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 6-2379.

1973 Ed., § 6-1879.

Legislative History of Laws

For legislative history of D.C. Law 1-85, see Historical and Statutory Notes following § 7-2501.01.

If any provision of this unit or the application thereof to any person or circumstance is held invalid, theremainder of this unit and the application of such provision to other persons not similarly situated or toother circumstances shall not be affected thereby.

(Sept. 24, 1976, D.C. Law 1-85, title VII, § 711, 23 DCR 2464.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 6-2380.

1973 Ed., § 6-1880.

Legislative History of Laws

For legislative history of D.C. Law 1-85, see Historical and Statutory Notes following § 7-2501.01.

The Chief, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules to implement the provisions ofthis unit.

§ 7-2507.07. PUBLIC EDUCATION PROGRAM.

§ 7-2507.08. CONSTRUCTION OF UNIT.

§ 7-2507.09. APPLICABILITY OF DISTRICT OF COLUMBIAADMINISTRATIVE PROCEDURE ACT.

§ 7-2507.10. SEVERABILITY.

§ 7-2507.11. RULES.

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(Sept. 24, 1976, D.C. Law 1-85, title VII, § 712, as added Mar. 31, 2009, D.C. Law 17-372, § 3(q), 56 DCR1365; Sept. 26, 2012, D.C. Law 19-170, § 2(q), 59 DCR 5691.)

HISTORICAL AND STATUTORY NOTES

Effect of Amendments

D.C. Law 19-170 amended the section without a change in the text.

Emergency Act Amendments

For temporary (90 day) addition, see § 3(q) of Firearms Registration Emergency Amendment Act of 2008(D.C. Act 17-651, January 6, 2009, 56 DCR 911).

For temporary (90 day) additions, see § 502 of Crime Bill Emergency Amendment Act of 2009 (D.C. Act 18-129, June 29, 2009, 56 DCR 5495).

For temporary (90 day) additions, see § 205 of Omnibus Public Safety and Justice Emergency AmendmentAct of 2009 (D.C. Act 18-181, August 6, 2009, 56 DCR 6903).

For temporary (90 day) amendment of section, see § 2(q) 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(q) of the Firearms Amendments CongressionalReview 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(q) of the Firearms Second Congressional ReviewEmergency 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 19-170, see notes under § 7-2501.01.

For the purposes of this subchapter, the term:

(1) "Correctional facility" means any building or group of buildings and concomitant services operatedas a single management unit by the Department of Corrections, or a similar federal, state, county, orlocal government agency, or a contractor to such an agency, for the purpose of housing and providingservices to persons ordered confined pending trial or sentencing, or incarcerated following sentencingfor a violation of law.

(2) "Gun offender" means a person:

(A) Convicted at any time of a gun offense in the District;

(B) Convicted at any time of a gun offense who resides in the District within the registration periodestablished pursuant to § 7-2508.02; or

(C) Who has as a mandatory condition of release a registration requirement in the District pursuantto § 7-2508.04(f).

(3) "Gun offense" means:

(A) A conviction for the sale, purchase, transfer, receipt, acquisition, possession, use, manufacture,carrying, transportation, registration, or licensing of a firearm under Chapter 45 of Title 22, or anattempt or conspiracy to commit any of the foregoing offenses;

(B) A conviction for violating § 7-2502.01, § 7-2504.01, § 7-2505.01, or § 7-2506.01, or an attemptor conspiracy to commit any of the foregoing offenses;

(B-i) A conviction for a firearms-related violation of the provisions in § 22-402 (assault with adangerous weapon), § 22-2603.02 (unlawful possession of contraband), or § 22-2803(b)(carjacking); or

(C) Violations in other jurisdictions of any offense with an element that involves the violations listedin subparagraphs (A), (B), or (B-i)of this paragraph.

(4) "Resides" means to stay overnight in the District of Columbia for an aggregate period of timeexceeding 30 days in any calendar year.

(Sept. 24, 1976, D.C. Law 1-85, title VIII, § 801, as added Dec. 10, 2009, D.C. Law 18-88, § 205, 56 DCR7413; June 3, 2011, D.C. Law 18-377, § 2(g), 58 DCR 1174; Sept. 26, 2012, D.C. Law 19-170, § 2(r), 59DCR 5691.)

SUBCHAPTER VIII. GUN OFFENDER REGISTRY.

§ 7-2508.01. DEFINITIONS.

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HISTORICAL AND STATUTORY NOTES

Effect of Amendments

D.C. Law 18-377, in pars. (2)(A) and (B), substituted "Convicted at any time" for "Convicted"; in pars. (3)(A)and (B), inserted ", or an attempt or conspiracy to commit any of the foregoing offenses".

D.C. Law 19-170, in par. (3), deleted "or" at the end of subpar. (B), added subpar. (B-i), and substituted"subparagraphs (A), (B), or (B-i)" for "subparagraph (A) or (B)" in subpar. (C).

Temporary Amendments of Section

Section 2(a) of D.C. Law 18-255, in pars. (2)(A) and (B), substituted "Convicted at any time" for "Convicted".

Section 4(b) of D.C. Law 18-255 provides that the act shall expire after 225 days of its having taken effect.

Emergency Act Amendments

For temporary (90 day) addition, see § 205 of Omnibus Public Safety and Justice Congressional ReviewEmergency Amendment Act of 2009 (D.C. Act 18-227, October 21, 2009, 56 DCR 8668).

For temporary (90 day) amendment of section, see § 2(a) of Gun Offender Registration EmergencyAmendment Act of 2010 (D.C. Act 18-464, July 2, 2010, 57 DCR 6908).

For temporary (90 day) amendment of section, see § 2(a) of Gun Offender Registration CongressionalReview Emergency Amendment Act of 2010 (D.C. Act 18- 539, October 5, 2010, 57 DCR 9610).

For temporary (90 day) amendment of section, see § 2(a) of Gun Offender Registration SecondCongressional Review Emergency Amendment Act of 2010 (D.C. Act 18-672, December 28, 2010, 58 DCR126).

For temporary (90 day) amendment of section, see § 502(g) of Public Safety Legislation Sixty-Day LayoverEmergency Amendment Act of 2010 (D.C. Act 18-693, January 18, 2011, 58 DCR 640).

For temporary (90 day) amendment of section, see § 502(g) of Public Safety Legislation Sixty-Day LayoverCongressional 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(r) 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(r) of the Firearms Amendments CongressionalReview 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(r) of the Firearms Second Congressional ReviewEmergency Amendment Act of 2012 (D.C. Act 19-510, October 26, 2012, 59 DCR 12808).

Legislative History of Laws

Law 18-88, the "Omnibus Public Safety and Justice Amendment Act of 2009", as introduced in Council andassigned Bill No. 18-151, which was referred to the Committee on Public Safety and the Judiciary. The bill asadopted on first and second readings on June 30, 2009, and July 31, 2009, respectively. Signed by the Mayoron August 26, 2009, it was assigned Act No. 18-189 and transmitted to both Houses of Congress for itsreview. D.C. Law 18-88 became effective on December 10, 2009.

For history of Law 18-377, see notes under § 7-2502.03.

For history of Law 19-170, see notes under § 7-2501.01.

(a) A gun offender shall register with the Chief for a period of 2 years, unless a longer period is required by§ 7-2508.03 or § 7-2508.07(b). The offender shall register:

(1) Within 48 hours (not including a Saturday, Sunday, legal holiday, or day on which the District ofColumbia government is closed) of:

(A) Release, if the gun offender receives a sentence of imprisonment;

(B) The time sentence is imposed, if the sentence does not include imprisonment;

(C) Receipt of notice of the obligation to register, if at a time other than sentencing; or

(D) Changing the place where he or she resides, works, or attends school in the District orelsewhere;

(2) By personally appearing at an office designated by the Chief to sign a statement under oath,verified by whatever documentation may be required, that provides, to the extent it is available:

(A) The gun offender's name, date of birth, sex, race, height, weight, and eye color;

(B) The address where the gun offender resides or expects to reside in the District;

§ 7-2508.02. DUTY TO REGISTER AND TO VERIFY.

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(C) Any other legal names of the gun offender;

(D) Aliases of the gun offender;

(E) The jurisdiction and a description of the offense for which the gun offender was convicted andthe date of conviction;

(F) Fingerprints of the gun offender;

(G) The identification number of the gun offender's driver's license or non-driver photo identificationcard;

(H) The name and address of any school the gun offender attends or expects to attend; and

(I) Repealed.

(b) During the period in which a gun offender is required to register under this subchapter, the gun offendershall comply with the following:

(1) Except as specified in paragraphs (2) and (3) of this subsection, no later than 20 calendar daysfollowing the one-year anniversary of the gun offender's initial registration date, the gun offender shallpersonally appear at such office as the Chief may direct for the purpose of verifying the informationrequired under subsection (a) of this section.

(2) If a gun offender required to register under this subchapter is confined to any federal, state, or localcorrectional facility, residential treatment center, hospital, or institution throughout the 20-day perioddescribed in paragraph (1) of this subsection, the gun offender shall personally appear as required byparagraph (1) of this subsection within 48 hours of release.

(3) If a gun offender neither resides, works, nor attends school in the District of Columbia, the gunoffender shall not be required to comply with paragraph (1) or (2) of this subsection.

(4) The Chief may photograph the gun offender and require the gun offender to provide suchdocumentation as the Chief considers acceptable to verify the information provided in subsection(a)(2) of this section.

(c) The Chief shall have the authority to maintain and operate the gun offender registry for the District,including the authority to collect and maintain gun offender information obtained pursuant to subsection (b)of this section and enter the information into appropriate record systems and databases.

(Sept. 24, 1976, D.C. Law 1-85, title VIII, § 802, as added Dec. 10, 2009, D.C. Law 18-88, § 205, 56 DCR7413; June 3, 2011, D.C. Law 18-377, § 2(h), 58 DCR 1174.)

HISTORICAL AND STATUTORY NOTES

Effect of Amendments

D.C. Law 18-377, in the lead-in language of subsec. (a)(1), substituted "48 hours (not including a Saturday,Sunday, legal holiday, or day on which the District of Columbia government is closed) of:" for "48 hours of:";rewrote subsec. (a)(1)(C) and repealed subsec. (a)(2)(I), which formerly read:

"(C) Remaining in the District to reside, work, or attend school after receipt of notice of the obligation toregister; or"

"(I) The name and address of the gun offender's expected place of work, including the name and phonenumber of a supervisor."

Emergency Act Amendments

For temporary (90 day) addition, see § 205 of Omnibus Public Safety and Justice Congressional ReviewEmergency Amendment Act of 2009 (D.C. Act 18-227, October 21, 2009, 56 DCR 8668).

For temporary (90 day) amendment of section, see § 502(h) of Public Safety Legislation Sixty-Day LayoverEmergency Amendment Act of 2010 (D.C. Act 18-693, January 18, 2011, 58 DCR 640).

For temporary (90 day) amendment of section, see § 502(h) of Public Safety Legislation Sixty-Day LayoverCongressional Review Emergency Amendment Act of 2011 (D.C. Act 19-45, April 20, 2011, 58 DCR 3701).

Legislative History of Laws

For Law 18-88, see notes following § 7-2508.01.

For history of Law 18-377, see notes under § 7-2502.03.

A gun offender shall comply with the registration and verification provisions required by § 7-2508.02 for aperiod beginning when he or she is sentenced for a gun offense and continuing until 2 years after theexpiration of any time being served on probation, parole, supervised release, or conditional release, or 2

§ 7-2508.03. REGISTRATION PERIOD.

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years after the gun offender is unconditionally released from a correctional facility, prison, hospital, or otherplace of confinement, whichever is latest. The registration period is tolled for any time the gun offenderfails to register or otherwise fails to comply with the requirements of this subchapter.

(Sept. 24, 1976, D.C. Law 1-85, title VIII, § 803, as added Dec. 10, 2009, D.C. Law 18-88, § 205, 56 DCR7413.)

HISTORICAL AND STATUTORY NOTES

Emergency Act Amendments

For temporary (90 day) addition, see § 205 of Omnibus Public Safety and Justice Congressional ReviewEmergency Amendment Act of 2009 (D.C. Act 18-227, October 21, 2009, 56 DCR 8668).

Legislative History of Laws

For Law 18-88, see notes following § 7-2508.01.

(a) Upon a defendant's conviction for a gun offense, the Superior Court of the District of Columbia("Court") shall enter an order certifying that the defendant is a gun offender. The Court shall:

(1) Advise the gun offender of his or her duties under this subchapter;

(2) Order the gun offender to report to the Chief to register as required by this subchapter; and

(3) Order the gun offender to comply with the requirements of this subchapter.

(b) The Court shall provide to the Chief, and to the Court Services and Offender Supervision Agency, acopy of the certification and order, and such other records and information in its possession that will assistin the registration of the gun offender.

(c) In any case where the Court orders the release of a gun offender into the community following a periodof detention, incarceration, confinement, civil commitment, or hospitalization, the Court shall provide thegun offender with a copy of the order required under subsection (a) of this section and require the gunoffender to read, or have read to him or her, and sign the copy of the order.

(d)(1) For a person who has not been required to comply with the requirements of this subchapter as setforth in subsections (a) and (c) of this section, but who nevertheless qualifies and is within the period forwhich registration is required by this subchapter, the Court may, upon motion of the government, enter anorder certifying that a person convicted of a gun offense is a gun offender and issue an order requiring thegun offender to register and to comply with the provisions of this subchapter.

(2) The certification and order shall be personally served upon the person, at which time therequirements of this subchapter shall apply, unless that person moves the Court to rescind thecertification and order and the Court grants the motion.

(e) Agencies in the District of Columbia to which the probation, parole, supervised release, or conditionalrelease of a gun offender is transferred from another jurisdiction are authorized to inform the Chief of thattransfer of supervision for purposes of implementing the provisions of subsection (d) of this section.

(f) Notwithstanding the court certification requirements of this subchapter, any person convicted of a gunoffense in any jurisdiction other than the District of Columbia who is ordered by competent authority in thatjurisdiction to register as a gun offender in the District of Columbia shall comply with the registration andother requirements of this subchapter.

(Sept. 24, 1976, D.C. Law 1-85, title VIII, § 804, as added Dec. 10, 2009, D.C. Law 18-88, § 205, 56 DCR7413; June 3, 2011, D.C. Law 18-377, § 2(i), 58 DCR 1174.)

HISTORICAL AND STATUTORY NOTES

Effect of Amendments

D.C. Law 18-377 rewrote subsec. (d)(1), which formerly read:

"(d)(1) For persons who have not been required to comply with the requirements of this subchapter as set forthin subsections (a) and (c) of this section, but nevertheless qualify, the Court may, upon motion of thegovernment, enter an order certifying that a person convicted of a gun offense within the period for whichregistration is required by this subchapter is a gun offender and issue an order requiring the gun offender toregister and to comply with the provisions of this subchapter."

Temporary Amendment of Section

Section 2(b) of D.C. Law 18-255 rewrote subsec. (d)(1) to read as follows:

"(d)(1) For a person who has not been required to comply with the requirements of this title as set forth in

§ 7-2508.04. CERTIFICATION DUTIES OF THE SUPERIOR COURT OF THEDISTRICT OF COLUMBIA.

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subsections (a) and (c) of this section, but who nevertheless qualifies and is within the period for whichregistration is required by this act, the Court may, upon motion of the government, enter an order certifying thata person convicted of a gun offense is a gun offender and issue an order requiring the gun offender to registerand to comply with the provisions of this act.".

Section 4(b) of D.C. Law 18-255 provides that the act shall expire after 225 days of its having taken effect.

Emergency Act Amendments

For temporary (90 day) addition, see § 205 of Omnibus Public Safety and Justice Congressional ReviewEmergency Amendment Act of 2009 (D.C. Act 18-227, October 21, 2009, 56 DCR 8668).

For temporary (90 day) amendment of section, see § 2(b) of Gun Offender Registration EmergencyAmendment Act of 2010 (D.C. Act 18-464, July 2, 2010, 57 DCR 6908).

For temporary (90 day) amendment of section, see § 2(b) of Gun Offender Registration CongressionalReview Emergency Amendment Act of 2010 (D.C. Act 18- 539, October 5, 2010, 57 DCR 9610).

For temporary (90 day) amendment of section, see § 2(b) of Gun Offender Registration SecondCongressional Review Emergency Amendment Act of 2010 (D.C. Act 18-672, December 28, 2010, 58 DCR126).

For temporary (90 day) amendment of section, see § 502(i) of Public Safety Legislation Sixty-Day LayoverEmergency Amendment Act of 2010 (D.C. Act 18-693, January 18, 2011, 58 DCR 640).

For temporary (90 day) amendment of section, see § 502(i) of Public Safety Legislation Sixty-Day LayoverCongressional Review Emergency Amendment Act of 2011 (D.C. Act 19-45, April 20, 2011, 58 DCR 3701).

Legislative History of Laws

For Law 18-88, see notes following § 7-2508.01.

For history of Law 18-377, see notes under § 7-2502.03.

(a) Gun offender registration information shall not be made available except as authorized undersubsection (b) of this section. No gun offender registration information shall be available as a public recordunder § 2-532.

(b) The Chief is authorized to make gun offender registration information available to other local, state, orfederal government agencies.

(Sept. 24, 1976, D.C. Law 1-85, title VIII, § 805, as added Dec. 10, 2009, D.C. Law 18-88, § 205, 56 DCR7413.)

HISTORICAL AND STATUTORY NOTES

Emergency Act Amendments

For temporary (90 day) addition, see § 205 of Omnibus Public Safety and Justice Congressional ReviewEmergency Amendment Act of 2009 (D.C. Act 18-227, October 21, 2009, 56 DCR 8668).

Legislative History of Laws

For Law 18-88, see notes following § 7-2508.01.

The Chief, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules and establish such forms asare necessary to implement the provisions of this subchapter.

(Sept. 24, 1976, D.C. Law 1-85, title VIII, § 806, as added Dec. 10, 2009, D.C. Law 18-88, § 205, 56 DCR7413.)

HISTORICAL AND STATUTORY NOTES

Emergency Act Amendments

For temporary (90 day) addition, see § 205 of Omnibus Public Safety and Justice Congressional ReviewEmergency Amendment Act of 2009 (D.C. Act 18-227, October 21, 2009, 56 DCR 8668).

Legislative History of Laws

For Law 18-88, see notes following § 7-2508.01.

§ 7-2508.05. SHARING OF REGISTRATION INFORMATION; FREEDOM OFINFORMATION ACT EXCEPTION.

§ 7-2508.06. RULES.

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(a) Any knowing violation by a gun offender of this subchapter or of rules or regulations establishedpursuant to this subchapter, including knowingly failing to register, verify, or update information in themanner and within the time periods provided for in this subchapter,shall be a misdemeanor punishable bya fine of not more than $1,000, imprisonment of not more than 12 months, or both.

(b) Compliance with the requirements of this subchapter, including any rules or regulations adopted by theChief pursuant to this subchapter, shall be a mandatory condition after the expiration of any time beingserved on probation, parole, supervised release, or conditional release for any gun offender convicted inthe District of Columbia.

(Sept. 24, 1976, D.C. Law 1-85, title VIII, § 807, as added Dec. 10, 2009, D.C. Law 18-88, § 205, 56 DCR7413.)

HISTORICAL AND STATUTORY NOTES

Emergency Act Amendments

For temporary (90 day) addition, see § 205 of Omnibus Public Safety and Justice Congressional ReviewEmergency Amendment Act of 2009 (D.C. Act 18-227, October 21, 2009, 56 DCR 8668).

Legislative History of Laws

For Law 18-88, see notes following § 7-2508.01.

For the purposes of this unit, the term:

(1) "Dealer" means:

(A) Any person engaged in the business of selling firearms at wholesale or retail;

(B) Any person engaged in the business of repairing firearms or of making or fitting special barrels,stocks, or trigger mechanisms to firearms; or

(C) Any person who is a pawnbroker who takes or receives by way of pledge or pawn, any firearmas security for the payment or repayment of money.

(2) "Engaged in the business" means:

(A) A person who devotes time, attention, and labor to dealing in firearms as a regular course oftrade or business with the principal objective of livelihood and profit through the repetitive purchaseand resale of firearms. The term "engaged in business" shall not include a person who makesoccasional sales, exchanges, or purchases of firearms for the enhancement of a personalcollection or for a hobby, or who sells all or part of this personal collection of firearms; or

(B) A person who devotes time, attention, and labor to importing firearms as a regular course oftrade or business with the principal objective of livelihood and profit through the sale or distributionof the firearms imported.

(3) "Firearm" shall have the same meaning as in § 7-2501.01(9).

(4) "Illegal sale" means:

(A) Failure to establish proof of the purchaser's residence in a jurisdiction where the purchase ofthe weapon is legal or ignoring proof of the purchaser's residence in the District of Columbia;

(B) Failure to comply with District of Columbia registration and waiting requirements prior todelivery of the firearm to the purchaser when proof of District of Columbia residence is provided;

(C) Failure to maintain full, complete, and accurate records of firearm sales as required by local,state, and federal law; or

(D) Knowingly and willfully maintaining false records with the intent to misrepresent the name andaddress 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 orammunition 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, oran agency of the United States government.

§ 7-2508.07. PENALTIES; MANDATORY RELEASE CONDITION.

UNIT B. STRICT LIABILITY FOR ILLEGAL SALE ANDDISTRIBUTION OF FIREARMS.

§ 7-2531.01. DEFINITIONS.

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(7) "Law enforcement officer" means any employee or agent of a law enforcement agency who isauthorized to use a firearm in the course of employment.

(8) "Manufacturer" means any person in business to manufacture or assemble a firearm or ammunitionfor sale or distribution.

(9) "Pawnbroker" means any person whose business or occupation includes the taking or receiving, byway of pledge or pawn, of any firearm as security for the payment or repayment of money.

(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 Counciland assigned Bill No. 9-87, which was referred to the Committee on the Judiciary. The Bill was adopted onfirst 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 LiabilityAct 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 dischargeof 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 subchapterI of Chapter 5 of Title 2, shall issue rules to implement the provisions of the act.

(a) Any manufacturer, importer, or dealer of a firearm who can be shown by a preponderance of theevidence to have knowingly and willfully engaged in the illegal sale of a firearm shall be held strictly liable intort, without regard to fault and without regard to either: (1) an intent to interfere with a legally protectedinterest; or (2) a breach of duty to exercise reasonable care, for all direct and consequential damages thatarise from bodily injury or death if the bodily injury or death proximately results from the discharge of thefirearm in the District of Columbia, regardless of whether or not the person operating the firearm is theoriginal, illegal purchaser.

(b) Any individual who can be shown by a preponderance of the evidence to have knowingly and willfullyengaged in the illegal sale, loan, lease, or rental of a firearm for money or anything of value shall be heldstrictly liable in tort, without regard to fault and without regard to either: (1) an intent to interfere with alegally protected interest; or (2) a breach of duty to exercise reasonable care, for all direct andconsequential damages that arise from bodily injury or death if the bodily injury or death proximately resultsfrom the discharge of the firearm in the District of Columbia regardless of whether or not the personoperating the firearm is the original, illegal purchaser.

(c) Nothing in this unit shall relieve from liability any person who commits a crime, is negligent, or whomight otherwise be liable for acts committed with the firearm.

(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.

§ 7-2531.02. LIABILITY.

§ 7-2531.03. EXEMPTIONS.

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(a) No firearm originally distributed to a law enforcement agency or a law enforcement officer shall providethe basis for liability under this unit.

(b) No action may be brought pursuant to this unit by a person who can be shown by a preponderance ofthe evidence to have committed a self-inflicted injury or by a person injured by a firearm while committing acrime, attempting to commit a crime, engaged in criminal activity, or engaged in a delinquent act.

(c) No action may be brought pursuant to this unit by a person who can be shown by a preponderance ofthe evidence to be engaged in the sale or distribution of illegal narcotics.

(d) No action may be brought pursuant to this unit by a person who either: (1) assumed the risk of the injurythat occurred; or (2) negligently contributed to the injury that occurred.

(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.

(a) There is established a fund to be known as the Firearms Bounty Fund ("Fund") to be administered bythe Metropolitan Police Department. The Fund shall be operated as a proprietary fund and shall consist ofmonies appropriated to the Fund, federal grants to the Fund, or private monies donated to the Fund.

(b) Disbursements from the Fund shall be used exclusively for the payment of cash rewards to personswho provide District of Columbia law enforcement agencies with tips that lead to the adjudication orconviction of:

(1) A person or entity engaged in the illegal sale, rental, lease, or loan of a firearm in exchange formoney or other thing of value; or

(2) A person who has committed a crime with a firearm.

(c) The amount of each cash reward shall be determined at the discretion of the Chief of the MetropolitanPolice Department and the cash reward may range up to $100,000 per tip.

(d) The Chief of the Metropolitan Police Department shall report annually to the Mayor and Council allincome and expenditures of the Fund.

(e) The Mayor, by a proposed notice to the Council, may terminate the Fund if the Mayor determines thatthe Fund is no longer necessary to pay cash rewards.

(f) If monies exist in the Fund at the time of its termination, the monies shall be deposited in the GeneralFund of the District of Columbia.

(g) The proposed notice to terminate the Fund shall be submitted to the Council for a 45-day period ofreview, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does notapprove or disapprove by resolution within the 45-day review period, the proposed notice to terminate theFund shall be deemed approved.

(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.

§ 7-2531.04. FIREARMS BOUNTY FUND.

UNIT C. ASSAULT WEAPONS MANUFACTURING

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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 ammunitionfor sale or distribution.

(6) "Law enforcement agency" means a federal, state, or local law enforcement agency, state militia, oran agency of the United States government.

(7) "Law enforcement officer" means any officer or agent of an agency defined in paragraph (6) of thissection who is authorized to use a handgun or machine gun in the course of his or her work.

(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, theAssault 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. Section3(b) of D.C. Law 9-3 provided that the act shall expire on the 225th day of its having taken effect or upon theeffective 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 Actof 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 andassigned Bill No. 8-132, which was referred to the Committee on the Judiciary. The Bill was adopted on firstand second readings on June 27, 1989, and December 11, 1990, respectively. Signed by the Mayor onDecember 17, 1990, it was assigned Act No. 8-289 and transmitted to both Houses of Congress for itsreview. 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

STRICT LIABILITY.

§ 7-2551.01. DEFINITIONS.

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for the Assault Weapon Manufacturing Strict Liability Act of 1990, began to run on November 19, 1991, andthe 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 RepealerAct of 1991, May 17, 1991, 38 DCR 3380, was repealed by Referendum 006, certified by the Board ofElections 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, providedthat the act shall apply only to the discharge of an assault weapon that is manufactured, imported, ordistributed after Mar. 6, 1991, and to the discharge of a machine gun that is manufactured, imported, ordistributed after Oct. 7, 1994.

Findings of Council: Section 2 of D.C. Law 8-263 provided findings of Council.

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

(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 Counciland assigned Bill No. 10-478, which was referred to the Committee on the Judiciary. The Bill was adopted onfirst 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. Law10-194 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 periodfor the Assault Weapon Manufacturing Strict Liability Act of 1990, began to run on November 19, 1991, andthe act took effect on February 29, 1992.

Miscellaneous Notes

Application of Law 8-263: See Historical and Statutory Notes following § 7- 2551.01.

(a) No assault weapon originally distributed to a law enforcement agency or a law enforcement officer shallprovide the basis for liability under this unit.

(b) No action may be brought pursuant to this unit by a person injured by an assault weapon whilecommitting a crime.

(c) 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.

(d) Any defense that is available in a strict liability action shall be available as a defense under this unit.

(e) 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.

(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

§ 7-2551.02. LIABILITY.

§ 7-2551.03. EXEMPTIONS.

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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 periodfor the Assault Weapon Manufacturing Strict Liability Act of 1990, began to run on November 19, 1991, andthe act took effect on February 29, 1992.

Miscellaneous Notes

Application of Law 8-263: See Historical and Statutory Notes following § 7- 2551.01.