(a) No firearm, destructive device, or ammunition shall be security for, or be taken or received by way of any mortgage, deposit, pledge, or pawn.
(b) No person may loan, borrow, give, or rent to or from another person, any firearm, destructive device, or ammunition.
(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 her possession unloaded and either disassembled or secured by a trigger lock, gun safe, locked box, or other secure device.
(b) No person shall store or keep any firearm on any premises under his control if he knows or reasonably should know that a minor is likely to gain access to the firearm without the permission of the parent or guardian of the minor unless such person:
(1) Keeps the firearm in a securely locked box, secured container, or in a location which a reasonable person would believe to be secure; or
(2) Carries the firearm on his person or within such close proximity that he can readily retrieve and use it as if he carried it on his person.
(c)(1) A person who violates subsection (b) of this section is guilty of criminally negligent storage of a firearm and, except as provided in paragraph (2) of this subsection, shall be fined not more than $1,000, imprisoned not more than 180 days, or both.
(2) A person who violates subsection (b) of this section and the minor causes injury or death to himself or another shall be fined not more than $5,000, imprisoned not more than 5 years, or both.
(3) The provisions of paragraphs (1) and (2) of this subsection shall not apply if the minor obtains the firearm as a result of an unlawful entry or burglary to any premises by any person.
(c-1) The provisions of § 7-2507.06 shall not apply to this section.
(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), 56 DCR 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 firearm in his possession unloaded and disassembled or bound by a trigger lock or similar device unless such firearm is kept at his place of business, or while being used for lawful recreational purposes within the District of Columbia."
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 Emergency Amendment Act of 2008 (D.C. Act 17-502, September 16, 2008, 55 DCR 9904).
For temporary (90 day) repeal of D.C. Act 17-422, see § 5 of Second Firearms Control Emergency Amendment Act of 2008 (D.C. Act 17-502, September 16, 2008, 55 DCR 9904).
For temporary (90 day) amendment of section, see §§ 2(e) and 4 of Second Firearms Control Congressional Review Emergency Amendment Act of 2008 (D.C. Act 17-601, December 12, 2008, 56 DCR 9).
For temporary (90 day) amendment of section, see § 3(o) of Firearms Registration Emergency Amendment Act of 2008 (D.C. Act 17-651, January 6, 2009, 56 DCR 911).
For temporary (90 day) amendment of section, see § 2(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 Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19- 394, July 18, 2012, 59 DCR 8694).
For temporary (90 day) amendment of section, see § 2(o) of the Firearms Second Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-510, October 26, 2012, 59 DCR 12808).
Legislative History of Laws
For legislative history of D.C. Law 1-85, see Historical and Statutory Notes following § 7-2501.01.
For Law 17-372, see notes following § 7-2501.01.
For history of Law 19-170, see notes under § 7-2501.01.
Any person operating a firing range in the District, shall in addition to any other requirement imposed by law, register with the Chief, on a form prescribed by him, which shall include the business name of the range, the location, the names and home addresses of the owners and principal officers, the types of weapons fired there, the number and types of weapons normally stored there, the days and hours of operation, and such other information as the Chief shall require.
(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 registration certificate or dealer's license under this unit, or in giving any information pursuant to the requirements of this unit, to knowingly give false information or offer false evidence of identity.
(b) It shall be unlawful for anyone to forge or alter any application, registration certificate, or dealer's license submitted, retained or issued under this unit.
(Sept. 24, 1976, D.C. Law 1-85, title VII, § 704, 23 DCR 2464.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-2374.
1973 Ed., § 6-1874.
Legislative History of Laws
For legislative history of D.C. Law 1-85, see Historical and Statutory Notes following § 7-2501.01.
(a) If a person or organization within the District voluntarily and peaceably delivers and abandons to the Chief any firearm, destructive device or ammunition at any time, such delivery shall preclude the arrest and prosecution of such person on a charge of violating any provision of this unit with respect to the firearm, destructive device, or ammunition voluntarily delivered. Delivery under this section may be made at any police district, station, or central headquarters, or by summoning a police officer to the person's residence or place of business. Every firearm and destructive device to be delivered and abandoned to the Chief under this section shall be transported in accordance with § 22-4504.02 and, in the case of delivery to a police facility, the package shall be carried in open view. No person who delivers and abandons a firearm, destructive device, or ammunition under this section, shall be required to furnish identification, photographs, or fingerprints. No amount of money shall be paid for any firearm, destructive device, or ammunition delivered and abandoned under this section.
(b) Whenever any firearm, destructive device, or any ammunition is surrendered under this section or pursuant to § 7-2502.10(c)(1), the Chief shall inquire of the United States Attorney and the Corporation Counsel for the District whether such firearm is needed as evidence; provided, that if the same is not needed 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), 56 DCR 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 be unloaded and securely wrapped in a package".
Temporary Amendments of Section
For temporary (225 day) provisions prohibiting the transfer by the Metropolitan Police Department of ammunition 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 feeding device, 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).
For temporary (90 day) amendment of section, see § 3(p) of Firearms Registration Emergency Amendment Act of 2008 (D.C. Act 17-651, January 6, 2009, 56 DCR 911).
Legislative History of Laws
For legislative history of D.C. Law 1-85, see Historical and Statutory Notes following § 7-2501.01.
For Law 17-372, see notes following § 7-2501.01.
Miscellaneous Notes
Prohibition on transfer of ammunition feeding devices: For provisions prohibiting the transfer by the Metropolitan 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 a violation of any provision of this unit shall be fined not more than $1,000 or imprisoned for not more than 1 year, or both; except that:
(1) A person who knowingly or intentionally sells, transfers, or distributes a firearm, destructive device, or ammunition to a person under 18 years of age shall be fined not more than $10,000 or imprisoned for not more than 10 years, or both.
(2)(A) Except as provided in subparagraph (B) of this paragraph, any person who is convicted a second time for possessing an unregistered firearm shall be fined not more than $5,000 or imprisoned not more than 5 years, or both.
(B) A person who in the person's dwelling place, place of business, or on other land possessed by the person, possesses a pistol, or firearm that could otherwise be registered, shall be fined not more than $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 to imprisonment for a mandatory-minimum term of not less than 1 year and shall not be released from prison or granted probation or suspension of sentence prior to serving the mandatory-minimum sentence, and, in addition, may be fined 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 DCR 4882; Aug. 20, 1994, D.C. Law 10-151, § 301, 41 DCR 2608; Apr. 24, 2007, D.C. Law 16-306, § 205, 53 DCR 8610; Sept. 26, 2012, D.C. Law 19-170, § 2(p), 59 DCR 5691.)
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 any provision of this unit".
Emergency Act Amendments
For temporary amendment of section, see § 301 of the Omnibus Criminal Justice Reform Emergency Amendment Act of 1994 (D.C. Act 10-255, June 22, 1994, 41 DCR 4286).
For temporary (90 day) amendment of section, see § 205 of Omnibus Public Safety Emergency Amendment Act of 2006 (D.C. Act 16-445, July 19, 2006, 53 DCR 6443).
For temporary (90 day) amendment of section, see § 205 of Omnibus Public Safety Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-490, October 18, 2006, 53 DCR 8686).
For temporary (90 day) amendment of section, see § 205 of Omnibus Public Safety Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-10, January 16, 2007, 54 DCR 1479).
For temporary (90 day) amendment of section, see § 205 of Omnibus Public Safety Second Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-25, April 19, 2007, 54 DCR 4036).
For temporary (90 day) amendment of section, see § 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 Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19- 394, July 18, 2012, 59 DCR 8694).
For temporary (90 day) amendment of section, see § 2(p) of the Firearms Second Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-510, October 26, 2012, 59 DCR 12808).
Legislative History of Laws
For legislative history of D.C. Law 1-85, see Historical and Statutory Notes following § 7-2501.01.
Law 3-147, the "Firearms Penalty Act of 1980," was introduced in Council and assigned Bill No. 3-325, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on September 30, 1980 and October 14, 1980, respectively. Signed by the Mayor on October 29, 1980, it was assigned 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 and assigned Bill No. 10-98, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on March 29, 1994, and April 12, 1994, respectively. Signed by the Mayor on May 4, 1994, it was assigned Act No. 10-238 and transmitted to both Houses of Congress for its review. D.C. Law 10-151 became effective on August 20, 1994.
Law 16-306, the "Omnibus Public Safety Amendment Act of 2006", was introduced in Council and assigned Bill No. 16-247, which was referred to Committee on the Judiciary. The Bill was adopted on first and second readings on June 6, 2006, and October 3, 2006, respectively. Signed by the Mayor on October 17, 2006, it was assigned Act No. 16-482 and transmitted to both Houses of Congress for its review. D.C. Law 16-306 became effective on April 24, 2007.
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 the specific 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, or conceal any firearm, as that term is defined in § 7-2501.01, or in any manner use to facilitate a violation of § 7- 2502.02 or § 22-4503 or § 22-4504, 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 transacting business as a licensed common carrier is subject to forfeiture under this section unless it appears that the owner or other person in charge of the conveyance is a consenting party or has knowledge of a violation of this section; and
(2) The forfeiture of a conveyance encumbered by a bona fide security interest is subject to the interest of the secured party if the secured party neither had knowledge of, nor consented to, the illegal act giving rise to forfeiture.
(c) An innocent owner's interest in a conveyance which has been seized shall not be forfeited under this section.
(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 in the 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 conveyance or that the conveyance was being used in the commission of an illegal act involving a forfeiture, he or she took action to terminate the presence in or on the conveyance of the person, persons, or firearms.
(2)(A) A claimant who establishes a lack of knowledge under subsection (c)(1)(A) of this section shall be considered an innocent owner unless the government, in rebuttal, establishes the existence of facts and circumstances that should have created a suspicion that the conveyance was being or would be used for an illegal purpose. In that case, the claimant must establish that, in light of such facts and circumstances, he or she did all that reasonably could be expected to prevent the use of the conveyance 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 had knowledge of that fact.
(d) Except as otherwise expressly provided by this section, all seizures and forfeitures of conveyances under 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 DCR 6168; 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 of 1996 (D.C. Act 11-390, August 26, 1996, 43 DCR 4986), § 2 of the Zero Tolerance for Guns Congressional Adjournment 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 assigned Bill No. 11-153, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second 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 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 readings on November 7, 1996, and December 3, 1996, respectively. Signed by the Mayor on December 24, 1996, it was assigned Act No. 11-510 and transmitted to both Houses of Congress for its review. D.C. Law 11-274 became effective on June 3, 1997.
The Chief shall carry on a suitable publicity program designed to inform the citizens of the District of the provisions of this unit and the rights and obligations created by it.
(Sept. 24, 1976, D.C. Law 1-85, title VII, § 707, DCR 2464.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-2377.
1973 Ed., § 6-1877.
Legislative History of Laws
For legislative history of D.C. Law 1-85, see Historical and Statutory Notes following § 7-2501.01.
Nothing in this unit shall be construed, or applied to necessarily require, or excuse noncompliance with any provision of any federal law. This unit and the penalties prescribed in § 7-2507.06, for violations of this unit, shall not supersede but shall supplement all statutes of the District and the United States in which similar 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 DCR 5780.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-2378.
1973 Ed., § 6-1878.
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.
The provisions of the District of Columbia Administrative Procedure Act (§ 2-501 et seq.) shall apply to each proceeding, decision, or other administrative action specified in this unit, unless otherwise specifically 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, the remainder of this unit and the application of such provision to other persons not similarly situated or to other 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 of this unit.
(Sept. 24, 1976, D.C. Law 1-85, title VII, § 712, as added Mar. 31, 2009, D.C. Law 17-372, § 3(q), 56 DCR 1365; 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 Amendment Act 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 Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19- 394, July 18, 2012, 59 DCR 8694).
For temporary (90 day) amendment of section, see § 2(q) of the Firearms Second Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-510, October 26, 2012, 59 DCR 12808).
Legislative History of Laws
For Law 17-372, see notes following § 7-2501.01.
For history of Law 19-170, see notes under § 7-2501.01.
