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 firearm as 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 of trade or business with the principal objective of livelihood and profit through the repetitive purchase and resale of firearms. The term "engaged in business" shall not include a person who makes occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or for a hobby, or who sells all or part of this personal collection of firearms; or
(B) A person who devotes time, attention, and labor to importing firearms as a regular course of trade or business with the principal objective of livelihood and profit through the sale or distribution of the firearms imported.
(3) "Firearm" shall have the same meaning as in § 7-2501.01(9).
(4) "Illegal sale" means:
(A) Failure to establish proof of the purchaser's residence in a jurisdiction where the purchase of the weapon is legal or ignoring proof of the purchaser's residence in the District of Columbia;
(B) Failure to comply with District of Columbia registration and waiting requirements prior to delivery of the firearm to the purchaser when proof of District of Columbia residence is provided;
(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 and address of persons purchasing firearms, or the type of firearm sold to those persons.
(5) "Importer" means any person engaged in the business of importing or bringing firearms or ammunition into the United States for purposes of sale or distribution.
(6) "Law enforcement agency" means a federal, state, or local law enforcement agency, state militia, or an agency of the United States government.
(7) "Law enforcement officer" means any employee or agent of a law enforcement agency who is authorized to use a firearm in the course of employment.
(8) "Manufacturer" means any person in business to manufacture or assemble a firearm or ammunition for sale or distribution.
(9) "Pawnbroker" means any person whose business or occupation includes the taking or receiving, by way of pledge or pawn, of any firearm as security for the payment or repayment of money.
(June 11, 1992, D.C. Law 9-115, § 2, 39 DCR 3182.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-2381.
Legislative History of Laws
Law 9-115, the "Illegal Firearm Sale and Distribution Strict Liability Act of 1992," was introduced in Council and assigned Bill No. 9-87, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on March 3, 1992, and April 7, 1992, respectively. Signed by the Mayor on April 24, 1992, it was assigned Act No. 9-189 and transmitted to both Houses of Congress for its review. D.C. Law 9-115 became effective on June 11, 1992.
Delegation of Authority
Delegation of authority pursuant to D.C. Law 9-115, the "Illegal Firearm Sale and Distribution Strict Liability Act of 1992", see Mayor's Order 94-72, March 15, 1994 (41 DCR 1571).
Miscellaneous Notes
Application of Law 9-115: Section 7 of D.C. Law 9-115 provided that the act shall only apply to the discharge of a firearm in the District of Columbia that is sold, loaned, leased, or rented after the effective date of this act.
Mayor authorized to issue rules: Section 6 of D.C. Law 9-115 provided that the Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to implement the provisions of the act.
(a) Any manufacturer, importer, or dealer of a firearm who can be shown by a preponderance of the evidence to have knowingly and willfully engaged in the illegal sale of a firearm shall be held strictly liable in tort, without regard to fault and without regard to either: (1) an intent to interfere with a legally protected interest; or (2) a breach of duty to exercise reasonable care, for all direct and consequential damages that arise from bodily injury or death if the bodily injury or death proximately results from the discharge of the firearm in the District of Columbia, regardless of whether or not the person operating the firearm is the original, illegal purchaser.
(b) Any individual who can be shown by a preponderance of the evidence to have knowingly and willfully engaged in the illegal sale, loan, lease, or rental of a firearm for money or anything of value shall be held strictly liable in tort, without regard to fault and without regard to either: (1) an intent to interfere with a legally protected interest; or (2) a breach of duty to exercise reasonable care, for all direct and consequential damages that arise from bodily injury or death if the bodily injury or death proximately results from the discharge of the firearm in the District of Columbia regardless of whether or not the person operating the firearm is the original, illegal purchaser.
(c) Nothing in this unit shall relieve from liability any person who commits a crime, is negligent, or who might otherwise be liable for acts committed with the firearm.
(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.
(a) No firearm originally distributed to a law enforcement agency or a law enforcement officer shall provide the 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 of the evidence to have committed a self-inflicted injury or by a person injured by a firearm while committing a crime, attempting to commit a crime, engaged in criminal activity, or engaged in a delinquent act.
(c) No action may be brought pursuant to this unit by a person who can be shown by a preponderance of the evidence to be engaged in the sale or distribution of illegal narcotics.
(d) No action may be brought pursuant to this unit by a person who either: (1) assumed the risk of the injury that occurred; or (2) negligently contributed to the injury that occurred.
(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 by the Metropolitan Police Department. The Fund shall be operated as a proprietary fund and shall consist of monies appropriated to the Fund, federal grants to the Fund, or private monies donated to the Fund.
(b) Disbursements from the Fund shall be used exclusively for the payment of cash rewards to persons who provide District of Columbia law enforcement agencies with tips that lead to the adjudication or conviction of:
(1) A person or entity engaged in the illegal sale, rental, lease, or loan of a firearm in exchange for money or other thing of value; or
(2) A person who has committed a crime with a firearm.
(c) The amount of each cash reward shall be determined at the discretion of the Chief of the Metropolitan Police Department and the cash reward may range up to $100,000 per tip.
(d) The Chief of the Metropolitan Police Department shall report annually to the Mayor and Council all income and expenditures of the Fund.
(e) The Mayor, by a proposed notice to the Council, may terminate the Fund if the Mayor determines that the Fund is no longer necessary to pay cash rewards.
(f) If monies exist in the Fund at the time of its termination, the monies shall be deposited in the General Fund of the District of Columbia.
(g) The proposed notice to terminate the Fund shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove by resolution within the 45-day review period, the proposed notice to terminate the Fund shall be deemed approved.
(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.
