For the purposes of this subchapter, the term:
(1) "Correctional facility" means any building or group of buildings and concomitant services operated as a single management unit by the Department of Corrections, or a similar federal, state, county, or local government agency, or a contractor to such an agency, for the purpose of housing and providing services to persons ordered confined pending trial or sentencing, or incarcerated following sentencing for 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 period established pursuant to § 7-2508.02; or
(C) Who has as a mandatory condition of release a registration requirement in the District pursuant to § 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 an attempt 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 attempt or 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 a dangerous 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 listed in 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 time exceeding 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 DCR 7413; June 3, 2011, D.C. Law 18-377, § 2(g), 58 DCR 1174; Sept. 26, 2012, D.C. Law 19-170, § 2(r), 59 DCR 5691.)
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 Review Emergency Amendment Act of 2009 (D.C. Act 18-227, October 21, 2009, 56 DCR 8668).
For temporary (90 day) amendment of section, see § 2(a) of Gun Offender Registration Emergency Amendment 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 Congressional Review 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 Second Congressional Review Emergency Amendment Act of 2010 (D.C. Act 18-672, December 28, 2010, 58 DCR 126).
For temporary (90 day) amendment of section, see § 502(g) of Public Safety Legislation Sixty-Day Layover Emergency Amendment Act of 2010 (D.C. Act 18-693, January 18, 2011, 58 DCR 640).
For temporary (90 day) amendment of section, see § 502(g) of Public Safety Legislation Sixty-Day Layover Congressional Review Emergency Amendment Act of 2011 (D.C. Act 19-45, April 20, 2011, 58 DCR 3701).
For temporary (90 day) amendment of section, see § 2(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 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(r) of the Firearms Second Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-510, October 26, 2012, 59 DCR 12808).
Legislative History of Laws
Law 18-88, the "Omnibus Public Safety and Justice Amendment Act of 2009", as introduced in Council and assigned Bill No. 18-151, which was referred to the Committee on Public Safety and the Judiciary. The bill as adopted on first and second readings on June 30, 2009, and July 31, 2009, respectively. Signed by the Mayor on August 26, 2009, it was assigned Act No. 18-189 and transmitted to both Houses of Congress for its review. D.C. Law 18-88 became effective on December 10, 2009.
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 of Columbia 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 or elsewhere;
(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;
(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 and the 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 identification card;
(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 offender shall comply with the following:
(1) Except as specified in paragraphs (2) and (3) of this subsection, no later than 20 calendar days following the one-year anniversary of the gun offender's initial registration date, the gun offender shall personally appear at such office as the Chief may direct for the purpose of verifying the information required under subsection (a) of this section.
(2) If a gun offender required to register under this subchapter is confined to any federal, state, or local correctional facility, residential treatment center, hospital, or institution throughout the 20-day period described in paragraph (1) of this subsection, the gun offender shall personally appear as required by paragraph (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 gun offender 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 such documentation 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 DCR 7413; 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 to register; or"
"(I) The name and address of the gun offender's expected place of work, including the name and phone number of a supervisor."
Emergency Act Amendments
For temporary (90 day) addition, see § 205 of Omnibus Public Safety and Justice Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-227, October 21, 2009, 56 DCR 8668).
For temporary (90 day) amendment of section, see § 502(h) of Public Safety Legislation Sixty-Day Layover Emergency Amendment Act of 2010 (D.C. Act 18-693, January 18, 2011, 58 DCR 640).
For temporary (90 day) amendment of section, see § 502(h) of Public Safety Legislation Sixty-Day Layover Congressional Review Emergency Amendment Act of 2011 (D.C. Act 19-45, April 20, 2011, 58 DCR 3701).
Legislative History of Laws
For 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 a period beginning when he or she is sentenced for a gun offense and continuing until 2 years after the expiration of any time being served on probation, parole, supervised release, or conditional release, or 2 years after the gun offender is unconditionally released from a correctional facility, prison, hospital, or other place of confinement, whichever is latest. The registration period is tolled for any time the gun offender fails 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 DCR 7413.)
HISTORICAL AND STATUTORY NOTES
Emergency Act Amendments
For temporary (90 day) addition, see § 205 of Omnibus Public Safety and Justice Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-227, October 21, 2009, 56 DCR 8668).
Legislative History of Laws
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, a copy of the certification and order, and such other records and information in its possession that will assist in 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 period of detention, incarceration, confinement, civil commitment, or hospitalization, the Court shall provide the gun offender with a copy of the order required under subsection (a) of this section and require the gun offender 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 set forth in subsections (a) and (c) of this section, but who nevertheless qualifies and is within the period for which registration is required by this subchapter, the Court may, upon motion of the government, enter an order certifying that a person convicted of a gun offense is a gun offender and issue an order requiring the gun 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 the requirements of this subchapter shall apply, unless that person moves the Court to rescind the certification and order and the Court grants the motion.
(e) Agencies in the District of Columbia to which the probation, parole, supervised release, or conditional release of a gun offender is transferred from another jurisdiction are authorized to inform the Chief of that transfer 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 gun offense in any jurisdiction other than the District of Columbia who is ordered by competent authority in that jurisdiction to register as a gun offender in the District of Columbia shall comply with the registration and other 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 DCR 7413; 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 forth in subsections (a) and (c) of this section, but nevertheless qualify, the Court may, upon motion of the government, enter an order certifying that a person convicted of a gun offense within the period for which registration is required by this subchapter is a gun offender and issue an order requiring the gun offender to register 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 subsections (a) and (c) of this section, but who nevertheless qualifies and is within the period for which registration is required by this act, the Court may, upon motion of the government, enter an order certifying that a person convicted of a gun offense is a gun offender and issue an order requiring the gun offender to register and 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 Review Emergency Amendment Act of 2009 (D.C. Act 18-227, October 21, 2009, 56 DCR 8668).
For temporary (90 day) amendment of section, see § 2(b) of Gun Offender Registration Emergency Amendment 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 Congressional Review 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 Second Congressional Review Emergency Amendment Act of 2010 (D.C. Act 18-672, December 28, 2010, 58 DCR 126).
For temporary (90 day) amendment of section, see § 502(i) of Public Safety Legislation Sixty-Day Layover Emergency Amendment Act of 2010 (D.C. Act 18-693, January 18, 2011, 58 DCR 640).
For temporary (90 day) amendment of section, see § 502(i) of Public Safety Legislation Sixty-Day Layover Congressional Review Emergency Amendment Act of 2011 (D.C. Act 19-45, April 20, 2011, 58 DCR 3701).
Legislative History of Laws
For 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 under subsection (b) of this section. No gun offender registration information shall be available as a public record under § 2-532.
(b) The Chief is authorized to make gun offender registration information available to other local, state, or federal 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 DCR 7413.)
HISTORICAL AND STATUTORY NOTES
Emergency Act Amendments
For temporary (90 day) addition, see § 205 of Omnibus Public Safety and Justice Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-227, October 21, 2009, 56 DCR 8668).
Legislative History of Laws
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 as are 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 DCR 7413.)
HISTORICAL AND STATUTORY NOTES
Emergency Act Amendments
For temporary (90 day) addition, see § 205 of Omnibus Public Safety and Justice Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-227, October 21, 2009, 56 DCR 8668).
Legislative History of Laws
For Law 18-88, see notes following § 7-2508.01.
(a) Any knowing violation by a gun offender of this subchapter or of rules or regulations established pursuant to this subchapter, including knowingly failing to register, verify, or update information in the manner and within the time periods provided for in this subchapter,shall be a misdemeanor punishable by a 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 the Chief pursuant to this subchapter, shall be a mandatory condition after the expiration of any time being served on probation, parole, supervised release, or conditional release for any gun offender convicted in the 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 DCR 7413.)
HISTORICAL AND STATUTORY NOTES
Emergency Act Amendments
For temporary (90 day) addition, see § 205 of Omnibus Public Safety and Justice Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-227, October 21, 2009, 56 DCR 8668).
Legislative History of Laws
For Law 18-88, see notes following § 7-2508.01.
