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Current through October 23, 2012
(a) No registration certificate shall be issued to any person (and in the case of a person between the ages of 18 and 21, to the person and his signatory parent or guardian) or organization unless the Chief determines that such person (or the president or chief executive in the case of an organization):
(1) Is 21 years of age or older; provided, that the Chief may issue to an applicant between the ages of 18 and 21 years old, and who is otherwise qualified, a registration certificate if the application is accompanied by a notarized statement of the applicant's parent or guardian:
(A) That the applicant has the permission of his parent or guardian to own and use the firearm to be registered; and
(B) The parent or guardian assumes civil liability for all damages resulting from the actions of such applicant in the use of the firearm to be registered; provided further, that such registration certificate shall expire on such person's 21st birthday;
(2) Has not been convicted of a weapons offense (but not an infraction or misdemeanor violation under § 7-2502.08, § 7-2507.02, § 7-2507.06, or § 7-2508.07) or a felony in this or any other jurisdiction (including a crime punishable by imprisonment for a term exceeding one year);
(3) Is not under indictment for a crime of violence or a weapons offense;
(4) Has not been convicted within 5 years prior to the application of any:
(A) Violation in any jurisdiction of any law restricting the use, possession, or sale of any narcotic or dangerous drug;
(C) Two or more violations of § 50-2201.05(b), or, in this or any other jurisdiction, any law restricting driving under the influence of alcohol or drugs;
(D) Intrafamily offense punishable as a misdemeanor, including any similar provision in the law of another jurisdiction; or
(E) Misdemeanor violation pursuant to § 7-2507.02 or § 7-2507.06;
(5) Within the 5-year period immediately preceding the application, has not been acquitted of any criminal charge by reason of insanity or has not been adjudicated a chronic alcoholic by any court; provided, that this paragraph shall not apply if such person shall present to the Chief, with the application, a medical certification indicating that the applicant has recovered from such insanity or alcoholic condition and is capable of safe and responsible possession of a firearm;
(6) Within the 5 years immediately preceding the application, has not been voluntarily or involuntarily committed to any mental hospital or institution; provided, that this paragraph shall not apply, if such person shall present to the Chief, with the application, a medical certification that the applicant has recovered from whatever malady prompted such commitment;
(6A) Within the 5 years immediately preceding the application, has not had a history of violent behavior.
(7) Does not appear to suffer from a physical defect which would tend to indicate that the applicant would not be able to possess and use a firearm safely and responsibly;
(8) Has not been adjudicated negligent in a firearm mishap causing death or serious injury to another human being;
(9) Is not otherwise ineligible to possess a firearm under § 22-4503;
(10) Has not failed to demonstrate satisfactorily, in accordance with a test prescribed by the Chief, a knowledge of the laws of the District of Columbia pertaining to firearms and, in particular, the requirements of this unit, the responsibilities regarding storage, and the requirements for transport; provided, that once this determination is made with respect to a given applicant for a particular firearm, it need not be made again for the same applicant with respect to a subsequent application for a firearm or for the renewal of a registration certificate pursuant to § 7-2502.07a;
(11) Is not blind, as defined in § 7-1009(1);
(12)(A) Has not been the respondent in an intrafamily proceeding in which a civil protection order was issued against the applicant pursuant to § 16- 1005; provided, that an applicant who has been the subject of such an order shall be eligible for registration if the applicant has submitted to the Chief a certified court record establishing that the order has expired or has been rescinded for a period of 5 years or more; or
(B) Has not been the respondent in a proceeding in which a foreign protection order, as that term is defined in § 16-1041, was issued against the applicant; provided, that an applicant who has been the subject of such an order shall be eligible for registration if the applicant has submitted to the Chief a certified court record establishing that the order has expired or has been rescinded for a period of 5 years;
(13)(A) Has completed a firearms training and safety class provided free of charge by the Chief; or
(B) Has submitted evidence of any of the following:
(i) That the applicant has received firearms training in the United States military;
(ii) A license from another state for which firearms training is required, where the training, as determined by the Chief, is equal to or greater than that provided under subparagraph (A) of this paragraph; or
(iii) That the applicant has otherwise completed a firearms training or safety course conducted by a firearms instructor that, as determined by the Chief, is equal to or greater than that conducted under subparagraph (A) of this paragraph; and
(14) Has not been prohibited from possessing or registering a firearm pursuant to § 7-2502.08.
(b) Every person applying for a registration certificate shall provide on a form prescribed by the Chief:
(1) The full name or any other name by which the applicant is known;
(2) The present address and each home address where the applicant has resided during the 5-year period immediately preceding the application;
(3) The present business or occupation of the applicant and the address and phone number of the employer;
(4) The date and place of birth of the applicant;
(5) The sex of the applicant;
(6) Whether (and if so, the reasons) the District, the United States or the government of any state or subdivision of any state has denied or revoked the applicant's license, registration certificate, or permit pertaining to any firearm;
(7) A description of the applicant's role in any mishap involving a firearm, including the date, place, time, circumstances, and the names of the persons injured or killed;
(8) Repealed.
(9) The caliber, make, model, manufacturer's identification number, serial number, and any other identifying marks on the firearm;
(10) The name and address of the person or organization from whom the firearm was obtained, and in the case of a dealer, his dealer's license number;
(11) Where the firearm will generally be kept;
(12) Whether the applicant has applied for other registration certificates issued and outstanding;
(13) Such other information as the Chief determines is necessary to carry out the provisions of this unit.
(c) Every organization applying for a registration certificate shall:
(1) With respect to the president or chief executive of such organization, comply with the requirements of subsection (b) of this section; and
(2) Provide such other information as the Chief determines is necessary to carry out the provisions of this unit.
(d) Repealed.
(e) The Chief shall register no more than one pistol per registrant during any 30-day period; provided, that the Chief may permit a person first becoming a District resident to register more than one pistol if those pistols were lawfully owned in another jurisdiction for a period of 6 months prior to the date of the application.
(Sept. 24, 1976, D.C. Law 1-85, title II, § 203, 23 DCR 2464; Mar. 16, 1978, D.C. Law 2-62, § 2, 24 DCR 5780; Mar. 31, 2009, D.C. Law 17-372, § 3(d), 56 DCR 1365; June 3, 2011, D.C. Law 18-377, § 2(a), 58 DCR 1174; Sept. 26, 2012, D.C. Law 19-170, § 2(d), 59 DCR 5691.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-2313.
1973 Ed., § 6-1813.
Effect of Amendments
D.C. Law 17-372, in subsec. (a)(4), deleted "or" from the end of par. (A) and added pars. (C) and (D); added subsec. (a)(6A); in subsec. (a)(10), substituted "and, in particular, the safe and responsible use, handling, and storage of the same in accordance with training, tests, and standards" for "and the safe and responsible use of the same in accordance with tests and standards" and deleted "and" from the end; in subsec. (a)(11), substituted a semicolon for a period; added subsecs. (a)(12), (13), and (14); and added subsecs. (d) and (e).
D.C. Law 18-377 rewrote subsec. (a)(4)(D); in subsec. (a)(9), substituted "firearm" for "pistol"; in subsec.(a)(14), substituted "§ 7-2502.08" for "§ 7- 2502.09"; rewrote subsec. (b)(3); and repealed subsec. (b)(8). Prior to amendment or repeal, subsecs. (a)(4)(D), (b)(3) and (b)(8) read as follows:
"(D) Intrafamily offense;"
"(3) The present business or occupation and any business or occupation in which the applicant has engaged during the 5-year period immediately preceding the application and the addresses of such businesses or places of employment;"
"(8) The intended use of the firearm;"
D.C. Law 19-170 rewrote subsecs. (a)(2), (a)(4), (a)(10), (a)(11), (a)(13), and repealed subsec. (d) which had read as follows:
"(2) Has not been convicted of a crime of violence, weapons offense, or of a violation of this unit;"
"(4) Has not been convicted within 5 years prior to the application of any:
"(A) Violation in any jurisdiction of any law restricting the use, possession, or sale of any narcotic or dangerous drug;
"(B) A violation of § 22-407, regarding threats to do bodily harm, or § 22-404, regarding assaults and threats, or any similar provision of the law of any other jurisdiction so as to indicate a likelihood to make unlawful use of a firearm;
"(C) Two or more violations of § 50-2201.05(b) or, in any other jurisdiction, any law restricting driving under the influence of alcohol or drugs; or
"(D) Intrafamily offense, including any similar provision of the law of any other jurisdiction;"
"(10) Has not failed to demonstrate satisfactorily a knowledge of the laws of the District of Columbia pertaining to firearms and, in particular, the safe and responsible use, handling, and storage of the same in accordance with training, tests, and standards prescribed by the Chief; provided, that once this determination is made with respect to a given applicant for a particular type of firearm, it need not be made again for the same applicant with respect to a subsequent application for the same type of firearms; provided, further, that this paragraph shall not apply with respect to any firearm reregistered pursuant to § 7-2502.06;
"(11) Has vision better than or equal to that required to obtain a valid driver's license under the laws of the District of Columbia; provided, that current licensure by the District of Columbia, of the applicant to drive, shall be prima facie evidence that such applicant's vision is sufficient and; provided further, that this determination shall not be made with respect to persons applying to reregister any firearm pursuant to § 7-2502.06; "
"(13)(A) Has completed a firearms training or safety course or class conducted by a state-certified firearms instructor or a certified military firearms instructor that provides, at a minimum, a total of at least one hour of firing training at a firing range and a total of at least 4 hours of classroom instruction.
"(B) An affidavit signed by the certified firearms instructor who conducted or taught the course, providing the name, address, and phone number of the instructor and attesting to the successful completion of the course by the applicant shall constitute evidence of certified successful completion under this paragraph."
"(d) The Chief shall require any registered pistol to be submitted for a ballistics identification procedure and shall establish a reasonable fee for the procedure."
Emergency Act Amendments
For temporary (90 day) amendment, see § 2(b) 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(c) 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(c) 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(d) 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 § 502(a) 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(a) 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(d) 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(d) 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(d) 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 legislative history of D.C. Law 2-62, see Historical and Statutory Notes following § 7-2501.01.
For Law 17-372, see notes following § 7-2501.01.
Law 18-377, the "Criminal Code Amendment Act of 2010", was introduced in Council and assigned Bill No. 18-963, which was referred to the Committee on Public Safety and the Judiciary. The Bill was adopted on first and second readings on December 7, 2010, and December 21, 2010, respectively. Signed by the Mayor on February 2, 2011, it was assigned Act No. 18-722 and transmitted to both Houses of Congress for its review. D.C. Law 18-377 became effective on June 3, 2011.
For history of Law 19-170, see notes under § 7-2501.01.
