For the purposes of this unit, the term:
(1) "Assault weapon" shall have the same meaning as provided in § 7- 2501.01(3A).
(2) "Handgun" means a firearm with a barrel less than 12 inches in length at the time of manufacture.
(3) "Dealer" and "importer" shall have the same meaning as in 18 U.S.C. § 921.
(4) "Machine gun" shall have the same meaning as in paragraph (10) of § 7- 2501.01.
(5) "Manufacturer" means any person in business to manufacture or assemble a firearm or ammunition for sale or distribution.
(6) "Law enforcement agency" means a federal, state, or local law enforcement agency, state militia, or an agency of the United States government.
(7) "Law enforcement officer" means any officer or agent of an agency defined in paragraph (6) of this section who is authorized to use a handgun or machine gun in the course of his or her work.
(Mar. 6, 1991, D.C. Law 8-263, § 3, 37 DCR 8482; Mar. 31, 2009, D.C. Law 17-372, § 4, 56 DCR 1365.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-2391.
Effect of Amendments
D.C. Law 17-372 rewrote par. (1) which had read as follows:
"(1) 'Assault weapon' includes the following weapons:
"(A) Norinco, Mitchell, and Poly Technologies Avtomat Kalashnikovs (all models);
"(B) Action Arms Israeli Military Industries UZI and Galil;
"(C) Beretta AR-70 (SC-70);
"(D) Colt AR-15 and CAR-15;
"(E) Fabrique Nationale FN/FAL, FN/LAR, and FNC;
"(F) MAC 10 and MAC 11;
"(G) Steyr AUG;
"(H) INTRATEC TEC-9; and
"(I) Street Sweeper and Striker 12."
Temporary Amendments of Section
Repeal and revival of Law 8-263: D.C. Law 8-263 was temporarily repealed by Emergency Act 9-1, § 2, the Assault Weapon Manufacturing Strict Liability Act of 1990 Emergency Repealer Act of 1991 (D.C. Act 9-1, February 15, 1991, 38 DCR 1457). Section 2 of D.C. Law 9-3 temporarily repealed D.C. Law 8-263. Section 3(b) of D.C. Law 9-3 provided that the act shall expire on the 225th day of its having taken effect or upon the effective date of the Assault Weapon Manufacturing Strict Liability Act of 1990 Repealer Act of 1991, whichever occurs first.
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 4 of Firearms Registration Emergency Amendment Act of 2008 (D.C. Act 17-651, January 6, 2009, 56 DCR 911).
Legislative History of Laws
Law 8-263, the "Assault Weapon Manufacturing Strict Liability Act of 1990," was introduced in Council and assigned Bill No. 8-132, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on June 27, 1989, and December 11, 1990, respectively. Signed by the Mayor on December 17, 1990, it was assigned Act No. 8-289 and transmitted to both Houses of Congress for its review. D.C. Law 8-263 became effective March 6, 1991.
For Law 17-372, see notes following § 7-2501.01.
Effective Dates
Pursuant to the Court's holding in Bliley v. Kelly, 23 F.3d 507 (D.C.Cir.1994), the Congressional review period for the Assault Weapon Manufacturing Strict Liability Act of 1990, began to run on November 19, 1991, and the act took effect on February 29, 1992.
Miscellaneous Notes
Repeal of Act 9-32: D.C. Act 9-32, the Assault Weapon Manufacturing Strict Liability Act of 1990 Repealer Act of 1991, May 17, 1991, 38 DCR 3380, was repealed by Referendum 006, certified by the Board of Elections and Ethics November 18, 1991.
Application of Law 8-263: Section 6 of D.C. Law 8-263, as amended by § 3(b) of D.C. Law 10-194, provided that the act shall apply only to the discharge of an assault weapon that is manufactured, imported, or distributed after Mar. 6, 1991, and to the discharge of a machine gun that is manufactured, imported, or distributed after Oct. 7, 1994.
Findings of Council: Section 2 of D.C. Law 8-263 provided findings of Council.
Any manufacturer, importer, or dealer of an assault weapon or machine gun shall be held strictly liable in tort, without regard to fault or proof of defect, for all direct and consequential damages that arise from bodily injury or death if the bodily injury or death proximately results from the discharge of the assault weapon or machine gun in the District of Columbia.
(Mar. 6, 1991, D.C. Law 8-263, § 4, 37 DCR 8482; Oct. 7, 1994, D.C. Law 10-194, § 3(a), 41 DCR 4283.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-2392.
Legislative History of Laws
For legislative history of D.C. Law 8-263, see Historical and Statutory Notes following § 7-2551.01.
Law 10-194, the "Repeat Offender Life Without Parole Amendment Act of 1994," was introduced in Council and assigned Bill No. 10-478, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on June 7, 1994, and June 21, 1994, respectively. Signed by the Mayor on June 21, 1994, it was assigned Act No. 10-254 and transmitted to both Houses of Congress for its review. D.C. Law 10-194 became effective on October 7, 1994.
Effective Dates
Pursuant to the Court's holding in Bliley v. Kelly, 23 F.3d 507 (D.C.Cir.1994), the Congressional review period for the Assault Weapon Manufacturing Strict Liability Act of 1990, began to run on November 19, 1991, and the act took effect on February 29, 1992.
Miscellaneous Notes
Application of Law 8-263: See Historical and Statutory Notes following § 7- 2551.01.
(a) No assault weapon 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 injured by an assault weapon while committing 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
For legislative history of D.C. Law 8-263, see Historical and Statutory Notes following § 7-2551.01.
Effective Dates
Pursuant to the Court's holding in Bliley v. Kelly, 23 F.3d 507 (D.C.Cir.1994), the Congressional review period for the Assault Weapon Manufacturing Strict Liability Act of 1990, began to run on November 19, 1991, and the act took effect on February 29, 1992.
Miscellaneous Notes
Application of Law 8-263: See Historical and Statutory Notes following § 7- 2551.01.
