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Current through October 23, 2012
For the purposes of this chapter, the term:
(1) "Crime of violence" shall have the same meaning as provided in § 23- 1331(4).
(2) "Dangerous crime" means distribution of or possession with intent to distribute a controlled substance. For the purposes of this definition, the term "controlled substance" means any substance defined as such in the District of Columbia Official Code or any Act of Congress.
(2A) "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 or projectiles by the action of an explosive. The term "firearm" shall not include:
(A) A destructive device as that term is defined in § 7-2501.01(7);
(B) A device used exclusively for line throwing, signaling, or safety, and required or recommended by the Coast Guard or Interstate Commerce Commission; or
(C) A device used exclusively for firing explosive rivets, stud cartridges, or similar industrial ammunition and incapable for use as a weapon.
(3) "Knuckles" means an object, whether made of metal, wood, plastic, or other similarly durable material that is constructed of one piece, the outside part of which is designed to fit over and cover the fingers on a hand and the inside part of which is designed to be gripped by the fist.
(4) "Machine gun" shall have the same meaning as provided in § 7- 2501.01(10).
(5) "Person" includes individual, firm, association, or corporation.
(6) "Pistol" shall have the same meaning as provided in § 7-2501.01(12)).
(6A) "Place of business" shall have the same meaning as provided in § 7- 2501.01(12A).
(7) "Playground" means any facility intended for recreation, open to the public, and with any portion of the facility that contains one or more separate apparatus intended for the recreation of children, including, but not limited to, sliding boards, swingsets, and teeterboards.
(7A) "Registrant" means a person who has registered a firearm pursuant to Unit A of Chapter 25 of Title 7.
(8) "Sawed-off shotgun" shall have the same meaning as provided in § 7- 2501.01(15).
(9) "Sell" and "purchase" and the various derivatives of such words shall be construed to include letting on hire, giving, lending, borrowing, and otherwise transferring.
(9A) "Shotgun" shall have the same meaning as provided in § 7-2501.01(16).
(10) "Video arcade" means any facility legally accessible to persons under 18 years of age, intended primarily for the use of pinball and video machines for amusement, and which contains a minimum of 10 pinball or video machines.
(11) "Youth center" means any recreational facility or gymnasium (including any parking lot appurtenant thereto), intended primarily for use by persons under 18 years of age, which regularly provides athletic, civic, or cultural activities.
(July 8, 1932, 47 Stat. 650, ch. 465, § 1; Dec. 27, 1967, 81 Stat. 736, Pub. L. 90-226, title V, § 501; Dec. 1, 1982, D.C. Law 4-164, § 601(e), 29 DCR 3976; July 28, 1989, D.C. Law 8-19, § 3(a), 36 DCR 2844; May 8, 1990, D.C. Law 8-120, § 3(a), 37 DCR 24; Aug. 18, 1994, D.C. Law 10-150, § 3(a), 41 DCR 2594; Aug. 20, 1994, D.C. Law 10-151, § 109, 41 DCR 2608; May 23, 1995, D.C. Law 10-257, § 401(c), 42 DCR 53; May 17, 1996, D.C. Law 11-119, § 4, 43 DCR 528; June 3, 1997, D.C. Law 11-275, § 8, 44 DCR 1408; June 8, 2001, D.C. Law 13-300, § 3, 47 DCR 7037; Oct. 17, 2002, D.C. Law 14-194, § 155, 49 DCR 5306; Apr. 24, 2007, D.C. Law 16-306, § 223(a), 53 DCR 8610; May 15, 2009, D.C. Law 17-390, § 3(a), 55 DCR 11030; May 20, 2009, D.C. Law 17-388, § 2(a), 56 DCR 1162; Sept. 26, 2012, D.C. Law 19-170, § 3(a), 59 DCR 5691.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 22-3201.
1973 Ed., § 22-3201.
Effect of Amendments
D.C. Law 13-300, in subsec. (g), deleted ", if the offense is punishable by imprisonment for more than 1 year" following "controlled substance" in the first sentence.
D.C. Law 14-194, in subsec. (f), substituted "manslaughter, an act of terrorism, manufacture or possession of a weapon of mass destruction, use, dissemination, or detonation of a weapon of mass destruction," for "manslaughter,".
D.C. Law 16-306 rewrote subsec. (f), which had read as follows:
"(f) 'Crime of violence', as used in this chapter, means any of the following crimes, or an attempt to commit any of the same, namely: Murder, manslaughter, an act of terrorism, manufacture or possession of a weapon of mass destruction, use, dissemination, or detonation of a weapon of mass destruction, first degree sexual abuse, second degree sexual abuse, or child sexual abuse, mayhem, maliciously disfiguring another, abduction, kidnapping, burglary, robbery, housebreaking, any assault with intent to kill, commit first degree sexual abuse, second degree sexual abuse, or child sexual abuse, or robbery, assault with a dangerous weapon, assault with intent to commit any offense punishable by imprisonment in the penitentiary, arson, or extortion or blackmail accompanied by threats of violence or aggravated assault."
D.C. Law 17-390 rewrote the section, which had read as follows:
"(a) 'Pistol,' as used in this chapter, means any firearm with a barrel less than 12 inches in length.
"(b) 'Sawed-off shotgun,' as used in this chapter, means any shotgun with a barrel less than 20 inches in length.
"(c) 'Machine gun,' as used in this chapter, means any firearm which shoots automatically or semiautomatically more than 12 shots without reloading.
"(d) 'Person,' as used in this chapter, includes individual, firm, association, or corporation.
"(e) 'Sell' and 'purchase' and the various derivatives of such words, as used in this chapter, shall be construed to include letting on hire, giving, lending, borrowing, and otherwise transferring.
"(f) 'Crime of violence' as used in this chapter have the same meaning as provided in § 23-1331(4).
"(g) 'Dangerous crime,' as used in this chapter, means distribution of or possession with intent to distribute a controlled substance. For the purposes of this definition, the term 'controlled substance' means any substance defined as such in the District of Columbia Official Code or any Act of Congress.
"(h) 'Playground,' as used in this chapter, means any facility intended for recreation, open to the public, and with any portion of the facility that contains 1 or more separate apparatus intended for the recreation of children, including, but not limited to, sliding boards, swingsets, and teeterboards.
"(i) 'Video arcade,' as used in this chapter, means any facility legally accessible to persons under 18 years of age, intended primarily for the use of pinball and video machines for amusement, and which contains a minimum of 10 pinball or video machines.
"(j) 'Youth center,' as used in this chapter, means any recreational facility or gymnasium (including any parking lot appurtenant thereto), intended primarily for use by persons under 18 years of age, which regularly provides athletic, civic, or cultural activities."
D.C. Law 17-388 added pars. (2A), (6A), (7A), and (9A); and rewrote pars. (4), (6), and (8), which read as follows:
"(4) 'Machine gun' means any firearm which shoots automatically or semiautomatically more than 12 shots without reloading."
"(6) 'Pistol,' means any firearm with a barrel less than 12 inches in length."
"(8) 'Sawed-off shotgun' means any shotgun with a barrel less than 20 inches in length.
D.C. Law 19-170, in par. (2A), redesignated subpars. (1), (2), and (3) as subpars. (A), (B), and (C).
Emergency Act Amendments
For temporary amendment of section, see § 109 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 § 223(a) 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 § 223(a) 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 § 223(a) 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 § 223(a) 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 § 3(a) 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 §§ 3(a) 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 § 2(a) of Inoperable Pistol Emergency Amendment Act of 2008 (D.C. Act 17-652, January 6, 2009, 56 DCR 927).
For temporary (90 day) amendment of section, see § 2(a) of Inoperable Pistol Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-24, March 16, 2009, 56 DCR 2309).
For temporary (90 day) amendment of section, see § 302(a) of Crime Bill Emergency Amendment Act of 2009 (D.C. Act 18-129, June 29, 2009, 56 DCR 5495).
For temporary (90 day) amendment of section, see § 3(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 § 3(a) 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 § 3(a) 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 4-164, the "District of Columbia Theft and White Collar Crimes Act of 1982," was introduced in Council and assigned Bill No. 4-133, which was referred to the Committee on the Judiciary. The Bill was adopted on first, amended first and second readings on June 22, 1982, July 6, 1982, and July 20, 1982, respectively. Signed by the Mayor on August 4, 1982, it was assigned Act No. 4-238 and transmitted to both Houses of Congress for its review.
Law 8-19, the "Law Enforcement Temporary Amendment Act of 1989," was introduced in Council and assigned Bill No. 8-184, which was retained by CounciL. The Bill was adopted on first and second readings on March 7, 1989 and April 4, 1989, respectively. Signed by the Mayor on April 17, 1989, it was assigned Act No. 8-22 and transmitted to both Houses of Congress for its review.
Law 8-120, the "Law Enforcement Amendment Act of 1989," was introduced in Council and assigned Bill No. 8-185, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on December 5, 1989 and December 19, 1989, respectively. Signed by the Mayor on December 21, 1989, it was assigned Act No. 8-129 and transmitted to both Houses of Congress for its review.
For legislative history of D.C. Law 10-150, see Historical and Statutory Notes following § 22-4502.01.
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 10-257, the "Anti-Sexual Abuse Act of 1994," was introduced in Council and assigned Bill No. 10-87, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on November 1, 1994, and December 6, 1994, respectively. Signed by the Mayor on December 28, 1994, it was assigned Act No. 10-385 and transmitted to both Houses of Congress for its review. D.C. Law 10-257 became effective May 23, 1995.
Law 11-119, the "Criminal Code Technical Amendments Act of 1996," was introduced in Council and assigned Bill No. 11-484, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on December 5, 1995, and January 4, 1996, respectively. Signed by the Mayor on January 26, 1996, it was assigned Act No. 11-198 and transmitted to both Houses of Congress for its review. D.C. Law 11-119 became effective May 17, 1996.
Law 11-275, the "Second Criminal Code Technical Amendments Act of 1996," was introduced in Council and assigned Bill No. 11-909, which was referred to the Committee of the Whole. The Bill was adopted on 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. 11-520 and transmitted to both Houses of Congress for its review. D.C. Law 11-275 became effective on June 3, 1997.
Law 13-300, the "Distribution of Marijuana Amendment Act of 2000", was introduced in Council and assigned Bill No. 13-240, which was referred to the Committee of the Judiciary. The Bill was adopted on first and second readings on June 26, 2000, and July 11, 2000, respectively. Signed by the Mayor on July 27, 2000, it was assigned Act No. 13-395 and transmitted to both Houses of Congress for its review. D.C. Law 13-300 became effective on June 8, 2001.
For Law 14-194, see notes following § 22-4151.
For Law 16-306, see notes following § 22-3302.
For Law 17-390, see notes following § 22-3312.02.
Law 17-388, the "Inoperable Pistol Amendment Act of 2008", was introduced in Council and assigned Bill No. 17-593 which was referred to the Committee on Public Safety and the Judiciary. The Bill was adopted on first and second readings on December 2, 2008, and December 16, 2008, respectively. Signed by the Mayor on January 16, 2009, it was assigned Act No. 17-690 and transmitted to both Houses of Congress for its review. D.C. Law 17-388 became effective on May 20, 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 readings on March 6, 2012, and April 17, 2012, respectively. Signed by the Mayor on May 15, 2012, it was assigned Act No. 19-366 and transmitted to both Houses of Congress for its review. D.C. Law 19-170 became effective on September 26, 2012.
