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Current through October 23, 2012
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.
