(a) Except as otherwise provided in this unit, no person or organization in the District of Columbia ("District") shall receive, possess, control, transfer, offer for sale, sell, give, or deliver any destructive device, and no person or organization in the District shall possess or control any firearm, unless the person or organization holds a valid registration certificate for the firearm. A registration certificate may be issued:
(1) To an organization if:
(A) The organization employs at least 1 commissioned special police officer or employee licensed to carry a firearm whom the organization arms during the employee's duty hours; and
(B) The registration is issued in the name of the organization and in the name of the president or chief executive officer of the organization;
(2) In the discretion of the Chief of Police, to a police officer who has retired from the Metropolitan Police Department;
(3) In the discretion of the Chief of Police, to the Fire Marshal and any member of the Fire and Arson Investigation Unit of the Fire Prevention Bureau of the Fire Department of the District of Columbia, who is designated in writing by the Fire Chief, for the purpose of enforcing the arson and fire safety laws of the District of Columbia;
(4) To a firearms instructor, or to an organization that employs a firearms instructor, for the purpose of conducting firearms training; or
(5) To a person who complies with, and meets the requirements of, this unit.
(b) Subsection (a) of this section shall not apply to:
(1) Any law enforcement officer or agent of the District or the United States, or any law enforcement officer or agent of the government of any state or subdivision thereof, or any member of the armed forces of the United States, the National Guard or organized reserves, when such officer, agent, or member is authorized to possess such a firearm or device while on duty in the performance of official authorized functions;
(2) Any person holding a dealer's license; provided, that the firearm or destructive device is:
(A) Acquired by such person in the normal conduct of business;
(B) Kept at the place described in the dealer's license; and
(C) Not kept for such person's private use or protection, or for the protection of his business;
(3) With respect to firearms, any nonresident of the District participating in any lawful recreational firearm-related activity in the District, or on his way to or from such activity in another jurisdiction; provided, that such person, whenever in possession of a firearm, shall upon demand of any member of the Metropolitan Police Department, or other bona fide law enforcement officer, exhibit proof that he is on his way to or from such activity, and that his possession or control of such firearm is lawful in the jurisdiction in which he resides; provided further, that such weapon shall be transported in accordance with § 22-4504.02;.
(4) Any person who temporarily possesses a firearm registered to another person while in the home of the registrant; provided, that the person is not otherwise prohibited from possessing firearms and the person reasonably believes that possession of the firearm is necessary to prevent imminent death or great bodily harm to himself or herself; or
(5) Any person who temporarily possesses a firearm while participating in a firearms training and safety class conducted by a firearms instructor.
(c) For the purposes of subsection (b)(3) of this section, the term "recreational firearm-related activity" includes a firearms training and safety class.
(Sept. 24, 1976, D.C. Law 1-85, title II, § 201, 23 DCR 2464; May 7, 1993, D.C. Law 9-266, § 2(a), 39 DCR 5676; Mar. 26, 1999, D.C. Law 12-176, § 5, 45 DCR 5662; Apr. 20, 1999, D.C. Law 12-264, § 19, 46 DCR 2118; Mar. 31, 2009, D.C. Law 17-372, § 3(b), 56 DCR 1365; Sept. 26, 2012, D.C. Law 19-170, § 2(b), 59 DCR 5691.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-2311.
1973 Ed., § 6-1811.
Effect of Amendments
D.C. Law 17-372, in subsec. (b)(3), substituted "that such weapon shall be transported in accordance with § 22-4504.02; or" for "that such weapon shall be unloaded, securely wrapped, and carried in open view"; and added subsec. (b)(4).
D.C. Law 19-170, in subsec. (a), deleted "or" from the end of par. (2), substituted "; or" for a period at the end of par. (3), and added pars. (4) and (5); in subsec. (b), deleted "or" from the end of par. (3), substituted "; or" for a period at the end of par. (4), and added par. (5); and added subsec. (c).
Emergency Act Amendments
For temporary authorization for seizure and forfeiture of firearms under certain circumstances, see § 2(b) of the Zero Tolerance for Guns Emergency Amendment Act of 1996 (D.C. Act 11-390, August 26, 1996, 43 DCR 4986).
For temporary amendment of section, see § 5 of the Arson Investigators Emergency Amendment Act of 1998 (D.C. Act 12-406, July 13, 1998, 45 DCR 4833), § 5 of the Arson Investigators Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-466, October 28, 1998, 45 DCR 7838), and § 5 of the Arson Investigators Second Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-539, December 24, 1998, 45 DCR 297).
For temporary (90 day) amendment of section, see § 3(b) 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 § 2(b) 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(b) 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(b) 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 1-85, the "Firearms Control Regulations Act of 1975," was introduced in Council and assigned Bill No. 1-164, which was referred to the Committee on the Judiciary and the Committee on Criminal Law. The Bill was adopted on first, amended first, and second readings, and reconsideration of second reading, on May 3, 1976, May 18, 1976, June 15, 1976, and June 29, 1976, respectively. Signed by the Mayor on July 23, 1976, it was assigned Act No. 1-142 and transmitted to both Houses of Congress for its review.
Law 9-266, the "Handgun Possession Amendment Act of 1992," was introduced in Council and assigned Bill No. 9-91 which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on June 2, 1992, and July 7, 1972, respectively. Signed by the Mayor on July 21, 1992, it was assigned Act No. 9-247 and transmitted to both Houses of Congress for its review. D.C. Law 9-266 became effective on May 7, 1993.
Law 12-176, the "Arson Investigators Amendment Act of 1998," was introduced in Council and assigned Bill No. 12-485, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on May 5, 1998, and June 2, 1998, respectively. Signed by the Mayor on July 20, 1998, it was assigned Act No. 12-418 and transmitted to both Houses of Congress for its review. D.C. Law 12-176 became effective on March 26, 1999.
Law 12-264, the "Technical Amendments Act of 1998," was introduced in Council and assigned Bill No. 12-804, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on November 10, 1998, and December 1, 1998, respectively. Signed by the Mayor on January 7, 1999, it was assigned Act No. 12-626 and transmitted to both Houses of Congress for its review. D.C. Law 12-264 became effective on April 20, 1999.
For Law 17-372, see notes following § 7-2501.01.
For history of Law 19-170, see notes under § 7-2501.01.
Miscellaneous Notes
Employees of United States Department of Agriculture authorized to carry firearms: Public Law 97-312 provided that any employee of the United States Department of Agriculture designated by the Secretary of Agriculture and the Attorney General of the United States may carry a firearm and use a firearm when necessary for self-protection, in accordance with rules and regulations issued by the Secretary of Agriculture and the Attorney General of the United States, while such employee is engaged in the performance of the employee's official duties to (1) carry out any law or regulation related to the control, eradication, or prevention of the introduction or dissemination of communicable disease of livestock or poultry into the United States or (2) perform any duty related to such disease control, eradication, or prevention, subject to the direction of the Secretary.
Seizure and forfeiture of conveyances used in firearms offenses: Section 2(b) of D.C. Law 11-273 provided for the forfeiture and seizure of any conveyance, including vehicles and vessels in which any person or persons transport, possess, or conceal any firearm as defined in § 7-2501.01, or in any manner use to facilitate a violation of §§ 22-4503 and 22-4504. D.C. Law 11-273 became effective on June 3, 1997.
(a) A registration certificate shall not be issued for a:
(1) Sawed-off shotgun;
(2) Machine gun;
(3) Short-barreled rifle;
(4) Pistol not validly registered to the current registrant in the District prior to September 24, 1976, except that the prohibition on registering a pistol shall not apply to:
(A) Any organization that employs at least one commissioned special police officer or other employee licensed to carry a firearm and that arms the employee with a firearm during the employee's duty hours;
(B) A police officer who has retired from the Metropolitan Police Department;
(C) Any person who seeks to register a pistol for use in self-defense within that person's home; or
(D) A firearms instructor, or an organization that employs a firearms instructor, for the purpose of conducting firearms training.
(5) An unsafe firearm prohibited under § 7-2505.04;
(6) An assault weapon; or
(7) A .50 BMG rifle.
(b) Repealed.
(Sept. 24, 1976, D.C. Law 1-85, title II, § 202, 23 DCR 2464; Mar. 16, 1978, D.C. Law 2-62, § 2, 24 DCR 5780; May 7, 1993, D.C. Law 9-266, § 2(b), 39 DCR 5676; Mar. 31, 2009, D.C. Law 17-372, § 3(c), 56 DCR 1365; Sept. 26, 2012, D.C. Law 19-170, § 2(c), 59 DCR 5691.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-2312.
1973 Ed., § 6-1812.
Effect of Amendments
D.C. Law 17-372, in subsec. (a), deleted "or" from the end of par. (3), rewrote par. (4), and added pars. (5), (6), and (7); and repealed subsec. (b). Prior to amendment, subsec. (a)(4) and subsec. (b) read as follows:
"(4) Pistol not validly registered to the current registrant in the District prior to September 24, 1976, except that the provisions of this section shall not apply to any organization that employs at least 1 commissioned special police officer or other employee licensed to carry a firearm and that arms the employee with a firearm during the employee's duty hours or to a police officer who has retired from the Metropolitan Police Department.
"(b) Nothing in this section shall prevent a police officer who has retired from the Metropolitan Police Department from registering a pistol."
D.C. Law 19-170, in subsec. (a)(4), deleted "or" from the end of subpar. (B), substituted "; or" for a period at the end of par. (C), and added par. (D).
Emergency Act Amendments
For temporary (90 day) amendment, see § 2(a) 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(b) 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(b) 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(c) 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 § 2(c) 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(c) 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(c) 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 legislative history of D.C. Law 9-266, see Historical and Statutory Notes following § 7-2502.01.
For Law 17-372, see notes following § 7-2501.01.
For history of Law 19-170, see notes under § 7-2501.01.
(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.
(a) The Chief shall require any person applying for a registration certificate to be fingerprinted in order to conduct an efficient and adequate investigation into the matters described in § 7-2502.03 and to effectuate the purposes of this unit. The Chief shall maintain a record of the fingerprints of sufficient quality to enable periodic investigation to ensure compliance with § 7- 2502.03.
(b) The Chief shall take a digitalized, full-face photograph of each applicant, other than an organization, to be included as part of a person's firearms registration application. The photo shall be taken simultaneously with the filing of the application.
(c) Every applicant (or in the case of an organization, the president or chief executive, or a person authorized in writing by him), shall appear in person at a time and place prescribed by the Chief, and may be required to bring with him the firearm for which a registration certificate is sought, which shall be transported in accordance with § 22-4504.02.
(Sept. 24, 1976, D.C. Law 1-85, title II, § 204, 23 DCR 2464; Mar. 16, 1978, D.C. Law 2-62, § 2, 24 DCR 5780; Mar. 31, 2009, D.C. Law 17-372, § 3(e), 56 DCR 1365; Sept. 26, 2012, D.C. Law 19-170, § 2(e), 59 DCR 5691.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-2314.
1973 Ed., § 6-1814.
Effect of Amendments
D.C. Law 17-372, in subsec. (a), substituted "6 years" for "5 years"; and, in subsec. (c), substituted "shall be transported in accordance with § 22-4504.02" for "shall be unloaded and securely wrapped, and carried in open view".
D.C. Law 19-170 rewrote subsecs. (a) and (b), which had read as follows:
"(a) The Chief may require any person applying for a registration certificate to be fingerprinted if, in his judgment, this is necessary to conduct an efficient and adequate investigation into the matters described in § 7-2502.03 and to effectuate the purpose of this unit; provided, that any person who has been fingerprinted by the Chief within 6 years prior to submitting the application need not, in the Chief's discretion, be fingerprinted again if he offers other satisfactory proof of identity.
"(b) Each applicant, other than an organization, shall submit with the application 2 full-face photographs of himself, 1 3/4 by 1 7/8 inches in size which shall have been taken within the 30-day period immediately preceding the filing of the application."
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 3(e) 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 § 2(e) 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(e) 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(e) 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.
For history of Law 19-170, see notes under § 7-2501.01.
(a) Each applicant (the president or chief executive in the case of an organization) shall sign an oath or affirmation attesting to the truth of all the information required by §§ 7-2502.03 or § 7-2502.07a.
(b) Each application required by this subchapter shall be accompanied by a nonrefundable fee to be established by the Mayor; provided, that such fee shall, in the judgment of the Mayor, reimburse the District for the cost of services provided under this subchapter.
(c) Any declaration, certificate, verification, or statement made for purposes of firearm registration under this title shall be made under penalty of perjury pursuant to § 22-2402. Except as required in § 7-2502.03(a)(1), no document shall be required to be notarized.
(Sept. 24, 1976, D.C. Law 1-85, title II, § 205, 23 DCR 2464; Mar. 31, 2009, D.C. Law 17-372, § 3(f), 56 DCR 1365; Sept. 26, 2012, D.C. Law 19- 170, § 2(f), 59 DCR 5691.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-2315.
1973 Ed., § 6-1815.
Effect of Amendments
D.C. Law 17-372, in subsec. (a), substituted "§§ 7-2502.03 or § 7-2502.07a" for "§ 7-2502.03".
D.C. Law 19-170 added subsec. (c).
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 3(f) 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 § 2(f) 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(f) 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(f) 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 Law 17-372, see notes following § 7-2501.01.
For history of Law 19-170, see notes under § 7-2501.01.
Delegation of Authority
Delegation of Authority pursuant to D.C. Law 1-85, the Firearms Control Regulation Act of 1975
(a) An application for a registration certificate shall be filed (and a registration certificate issued) prior to taking possession of a firearm from a licensed dealer or from any person or organization holding a registration certificate therefor. In all other cases, an application for registration shall be filed immediately after a firearm is brought into the District. It shall be deemed compliance with the preceding sentence if such person personally communicates with the Metropolitan Police Department (as determined by the Chief to be sufficient) and provides such information as may be demanded; provided, that such person files an application for a registration certificate within 48 hours after such communication.
(b) Repealed.
(Sept. 24, 1976, D.C. Law 1-85, title II, § 206, 23 DCR 2464; Mar. 16, 1978, D.C. Law 2-62, § 2, 24 DCR 5780; Sept. 26, 2012, D.C. Law 19-170, § 2(g), 59 DCR 5691.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-2316.
1973 Ed., § 6-1816.
Effect of Amendments
D.C. Law 19-170 repealed subsec. (b), which had read as follows:
"(b) Any firearm validly registered under prior regulations must be registered pursuant to this unit in accordance with procedures to be promulgated by the Chief. An application to register such firearm shall be filed pursuant to this unit within 60 days of September 24, 1976."
Emergency Act Amendments
For temporary (90 day) repeal of section, see § 2(g) of Firearms Emergency Amendment Act of 2012 (D.C. Act 19-352, May 11, 2012, 59 DCR 5116).
For temporary (90 day) repeal of section, see § 2(g) 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) repeal of section, see § 2(g) 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 history of Law 19-170, see notes under § 7-2501.01.
(a) Upon receipt of a properly executed application for registration certificate, the Chief, upon determining through inquiry, investigation, or otherwise, that the applicant is entitled and qualified under the provisions of this unit, thereto, shall issue a registration certificate. Each registration certificate shall be in duplicate and bear a unique registration certificate number and such other information as the Chief determines is necessary to identify the applicant and the firearm registered. The duplicate of the registration certificate shall be delivered to the applicant and the Chief shall retain the original.
(b) The Chief shall approve or deny an application for a registration certificate within a 60-day period beginning on the date the Chief receives the application, unless good cause is shown, including nonreceipt of information from sources outside the District government; provided, that in the case of an application to register a firearm validly registered under prior regulations, the Chief shall have 365 days after the receipt of such application to approve or deny such application. The Chief may hold in abeyance an application where there is a revocation proceeding pending against such person or organization.
(c) Upon receipt of a registration certificate, each applicant shall examine same to ensure that the information thereon is correct. If the registration certificate is incorrect in any respect, the person or organization named thereon shall return it to the Chief with a signed statement showing the nature of the error. The Chief shall correct the error, if it occurred through administrative error. In the event the error resulted from information contained in the application, the applicant shall be required to file an amended application setting forth the correct information, and a statement explaining the error in the original application. Each amended application shall be accompanied by a fee equal to that required for the original application.
(d) In the event the Chief learns of an error in a registration certificate other than as provided in subsection (c) of this section, he may require the holder to return the registration certificate for correction. If the error resulted from information contained in the application, the person or organization named therein shall be required to file an amended application as provided in subsection (c) of this section.
(e) Each registration certificate issued by the Chief shall be accompanied by a statement setting forth the registrant's duties under this unit.
(f) In the discretion of the Chief of Police, a registration certificate may be issued to a retired police officer who is a resident of the District of Columbia for a pistol and ammunition which conforms to the Metropolitan Police Department General Orders and policies.
(g) When the retired police officer ceases to be a resident of the District of Columbia the registration certificate expires.
(h) Nothing in this unit shall create an entitlement to a registration certificate for a retired police officer. If the Chief of Police denies a retired police officer's registration certificate application, the Chief of Police shall state the reasons for the denial in writing.
(i) The District of Columbia shall not incur any liability by reason of the issuance or denial of a certificate, nor for any use made of the registered firearm.
(Sept. 24, 1976, D.C. Law 1-85, title II, § 207, 23 DCR 2464; Mar. 16, 1978, D.C. Law 2-62, § 2, 24 DCR 5780; May 7, 1993, D.C. Law 9-266, § 2(c), 39 DCR 5676.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-2317.
1973 Ed., § 6-1817.
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 legislative history of D.C. Law 9-266, see Historical and Statutory Notes following § 7-2502.01.
(a) Registration certificates shall expire 3 years after the date of issuance unless renewed in accordance with this section for subsequent 3-year periods.
(b) A registrant shall be eligible for renewal of registration of a firearm if the registrant continues to meet all of the initial registration requirements set forth in § 7-2502.03(a) and follows any procedures the Chief may establish by rule.
(c)(1) For each renewal, a registrant shall submit a statement to the Metropolitan Police Department attesting to:
(A) Possession of the registered firearm;
(B) The registrant's address; and
(C) The registrant's continued compliance with all registration requirements set forth in § 7-2502.03(a).
(2) The statement submitted pursuant to paragraph (1) of this subsection shall be on a form provided by the Chief that can be submitted online via the Metropolitan Police Department website, by mail, or in person.
(d) Repealed.
(e)(1) The Metropolitan Police Department shall mail a renewal notice to each registrant at least 90 days prior to the expiration of the registration certificate.
(2) A renewal application shall be received by the Metropolitan Police Department at least 60 days prior to the expiration of the current registration certificate to ensure timely renewal.
(3) It is the duty of the registrant to timely renew a registration before its expiration date and a failure of the Metropolitan Police Department to mail or the registrant to receive the notice required under paragraph (1) of this subsection shall not prevent a registration from expiring as of that date.
(f) Repealed.
(g) The Chief shall establish, by rule, a method for conducting the renewal of registration certificates for all firearms registered before January 1, 2011. This method shall be established before January 1, 2014.
(h) Notwithstanding subsection (a) of this section, no registration certificate shall expire and no renewal of a registration certificate shall be required earlier than provided in the rule established pursuant to subsection (g) of this section.
(Sept. 24, 1976, D.C. Law 1-85, title II, § 207a, as added Mar. 31, 2009, D.C. Law 17-372, § 3(g), 56 DCR 1365; June 3, 2011, D.C. Law 18-377, § 2(b), 58 DCR 1174; Sept. 26, 2012, D.C. Law 19-170, § 2(h), 59 DCR 5691.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 18-377 substituted "§ 7-2502.03(a)" for "§ 7-2502.03".
D.C. Law 19-170, in subsec. (c), designated the existing text as par. (1), redesignated former subpars. (1), (2), and (3) as (A), (B), and (C), and added par. (2).
D.C. Law 19-170, in subsec. (c), designated the existing text as par. (1), redesignated former subpars. (1), (2), and (3) as (A), (B), and (C), and added par. (2); repealed subsecs. (d) and (f); rewrote subsec. (g); and added subsec. (h). Prior to repeal or amendment, subsecs. (d), (f), and (g) read as follows:
"(d) A registrant shall submit to a background check once every 6 years to confirm that the registrant continues to qualify for registration under § 7- 2502.03(a)."
"(f) An applicant for the renewal of a registration certificate may be charged a reasonable fee to cover the administrative costs incurred by the Metropolitan Police Department in connection with the renewal.
"(g) The Chief shall establish, by rule, a method for conducting the renewal of registrations for all firearms registered prior to March 31, 2009. The renewals of all firearms registered prior to March 31, 2009, shall be completed within 3 years of March 31, 2009."
Emergency Act Amendments
For temporary (90 day) addition, see § 3(g) 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(b) 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(b) 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 of Firearms Registration Renewal Emergency Amendment Act of 2012 (D.C. Act 19-324, March 18, 2012, 59 DCR 2258).
For temporary (90 day) amendment of section, see § 2(h) 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(h) 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(h) 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 Law 17-372, see notes following § 7-2501.01.
For history of Law 18-377, see notes under § 7-2502.03.
For history of Law 19-170, see notes under § 7-2501.01.
(a) Each person or organization holding a registration certificate (for purposes of this section, "registrant") shall:
(1) Notify the Chief in writing of the loss, theft, or destruction of the registration certificate or of a registered firearm (including the circumstances, if known) immediately upon discovery of such loss, theft, or destruction;
(2) Notify the Chief in writing within 30 days of a change in the registrant's name or address as it appears on the registration certificate;
(3) Notify the Chief in writing of the sale, transfer, or other disposition of the firearm within 2 business days of such sale, transfer, or other disposition. The notification shall include:
(A) The identification of the registrant, the firearm, and the serial number of the registration certificate;
(B) The name, address, and date of birth of the person to whom the firearm has been sold or transferred; and
(C) Whether the firearm was sold or how it was otherwise transferred or disposed of.
(b) Each registrant shall return to the Chief the registration certificate for any firearm which is lost, stolen, destroyed, sold, or otherwise transferred or disposed of, at the time the registrant notifies the Chief of such loss, theft, destruction, sale, transfer, or other disposition.
(c) Each registrant shall have in the registrant's possession, whenever in possession of a firearm, the registration certificate, or exact photocopy thereof, for such firearm, and exhibit the same upon the demand of a member of the Metropolitan Police Department, or other law enforcement officer.
(d) The duties set forth in subsections (a) through (c) of this section are in addition to any other requirements imposed by this unit or other applicable law.
(e)(1) A registrant shall be subject to a civil fine of $100 for the first violation or omission of the duties and requirements imposed by this section.
(2) A registrant shall be subject to a civil fine of $500 for the second violation or omission of the duties and requirements imposed by this section, a registrant's registration certificates shall be revoked, and the registrant shall be prohibited from possessing or registering any firearm for a period of 5 years.
(3) A registrant shall be subject to a civil fine of $1,000 for the third violation or omission of the duties and requirements imposed by this section, a registrant's registration certificates shall be revoked, and the registrant shall be prohibited from possessing or registering any firearm.
(4) For the purposes of this subsection, "a violation or omission" that applies to multiple firearms shall constitute a single violation or omission if the violation or omission pertaining to each firearm arose from the same occurrence.
(5) The penalties prescribed in § 7-2507.06 shall not apply to a violation or omission of the duties and requirements imposed by this section.
(Sept. 24, 1976, D.C. Law 1-85, title II, § 208, 23 DCR 2464; June 3, 2011, D.C. Law 18-377, § 2(c), 58 DCR 1174; Sept. 26, 2012, D.C. Law 19- 170, § 2(i), 59 DCR 5691.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-2318.
1973 Ed., § 6-1818.
Effect of Amendments
D.C. Law 18-377 rewrote the section, which formerly read:
"Each person and organization holding a registration certificate, in addition to any other requirements imposed by this unit, or the acts of Congress, shall:
"(1) Notify the Chief in writing of:
"(A) The loss, theft, or destruction of the registration certificate or of a registered firearm (including the circumstances, if known) immediately upon discovery of such loss, theft, or destruction;
"(B) A change in any of the information appearing on the registration certificate or required by § 7-2502.03;
"(C) The sale, transfer or other disposition of the firearm not less than 48 hours prior to delivery, pursuant to such sale, transfer or other disposition, including:
"(i) Identification of the registrant, the firearm and the serial number of the registration certificate;
"(ii) The name, residence, and business address and date of birth of the person to whom the firearm has been sold or transferred; and
"(iii) Whether the firearm was sold or how it was otherwise transferred or disposed of.
"(2) Return to the Chief, the registration certificate for any firearm which is lost, stolen, destroyed, or otherwise transferred or disposed of, at the time he notifies the Chief of such loss, theft, destruction, sale, transfer, or other disposition.
"(3) Have in his possession, whenever in possession of a firearm, the registration certificate for such firearm, and exhibit the same upon the demand of a member of the Metropolitan Police Department, or other law enforcement officer."
D.C. Law 19-170, in the section heading, inserted "; penalties".
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 502(c) 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(c) 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 heading, see § 2(i) 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 heading, see § 2(i) 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 heading, see § 2(i) 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 history of Law 18-377, see notes under § 7-2502.03.
For history of Law 19-170, see notes under § 7-2501.01.
(a) A registration certificate shall be revoked if:
(1) Any of the criteria in § 7-2502.03(a) are not currently met;
(2) The registered firearm has become an unregisterable firearm under the terms of § 7-2502.02, or a destructive device; or
(3) The information furnished to the Chief on the application for a registration certificate proves to be intentionally false.
(4) Repealed.
(b) Repealed.
(Sept. 24, 1976, D.C. Law 1-85, title II, § 209, 23 DCR 2464; Mar. 31, 2009, D.C. Law 17-372, § 3(h), 56 DCR 1365; June 3, 2011, D.C. Law 18-377, § 2(d), 58 DCR 1174.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-2319.
1973 Ed., § 6-1819.
Effect of Amendments
D.C. Law 17-372 designated subsec. (a); in subsec. (a), inserted "or" at the end of par. (2), substituted a period for "; and" at the end of par. (3), and repealed par. (4); and added subsec. (b). Prior to repeal, par. (4) of subsec. (a) read as follows:
"(4) There is a violation or omission of the duties, obligations or requirements imposed by § 7-2502.08."
D.C. Law 18-377, in subsec. (a)(1), substituted "§ 7-2502.03(a)" for "§ 7- 2502.03"; and rewrote subsec. (b), which had read as follows:
"(b) In addition to any other criminal or civil sanctions that may be imposed, including § 7-2507.06:
"(1) A registrant shall be subject to a civil fine of $100 for the 1st violation or omission of the duties, obligations, or requirements imposed by § 7-2502.08.
"(2) A registrant shall be subject to a civil fine of $500 for the 2nd violation or omission of the duties, obligations, or requirements imposed by § 7-2502.08, a registrant's registration shall be revoked, and the registrant shall be prohibited from possessing or registering any firearm for a period of 5 years.
"(3) A registrant shall be subject to a civil fine of $500 for the 3rd violation or omission of the duties, obligations, or requirements imposed by § 7-2502.08, a registrant's registration shall be revoked, and the registrant shall be prohibited from possessing or registering any firearm."
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 3(h) 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(d) 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(d) 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).
Legislative History of Laws
For legislative history of D.C. Law 1-85, see Historical and Statutory Notes following § 7-2501.01.
For Law 17-372, see notes following § 7-2501.01.
For history of Law 18-377, see notes under § 7-2502.03.
(a) If it appears to the Chief that an application for a registration certificate should be denied or that a registration certificate should be revoked, the Chief shall notify the applicant or registrant of the proposed denial or revocation, briefly stating the reason or reasons therefor. Service may be made by delivering a copy of the notice to the applicant or registrant personally, or by leaving a copy thereof at the place of residence identified on the application or registration with some person of suitable age and discretion then residing therein, or by mailing a copy of the notice first class mail, postage prepaid, to the residence address identified on the application or certificate. In the case of an organization, service may be made upon the president, chief executive, or other officer, managing agent or person authorized by appointment or law to receive such notice as described in the preceding sentence at the business address of the organization identified in the application or registration certificate. The person serving the notice shall make proof thereof by preparing an affidavit identifying the person served and stating the time, place, and manner of service. The applicant or registrant shall have 15 days from the date the notice is served in which to submit further evidence in support of the application or qualifications to continue to hold a registration certificate, as the case may be; provided, that if the applicant does not make such a submission within 15 days from the date of service, the applicant or registrant shall be deemed to have conceded the validity of the reason or reasons stated in the notice, and the denial or revocation shall become final.
(b) Within 10 days of the date upon which the Chief receives such a submission, he shall serve upon the applicant or registrant in the manner specified in subsection (a) of this section notice of his final decision. The Chief's decision shall become effective at the expiration of the time within which to file a notice of appeal pursuant to the District of Columbia Administrative Procedure Act (§ 2-501 et seq.) or, if such a notice of appeal is filed, at the time the final order or judgment of the District of Columbia Court of Appeals becomes effective.
(c) Within 7 days of a decision unfavorable to the applicant or registrant becoming final, the applicant or registrant shall:
(1) Peaceably surrender to the Chief the firearm for which the registration certificate was revoked in the manner provided in § 7-2507.05; or
(2) Lawfully remove such firearm from the District for so long as he has an interest in such firearm; or
(3) Otherwise lawfully dispose of his interest in such firearm.
(d) If a firearm is in the possession of the Chief, the Chief may maintain possession of the firearm for which the registrant is temporarily or permanently prohibited from having lawful possession until final disposition of the matter.
(Sept. 24, 1976, D.C. Law 1-85, title II, § 210, 23 DCR 2464; Mar. 16, 1978, D.C. Law 2-62, § 2, 24 DCR 5780; Mar. 31, 2009, D.C. Law 17-372, § 3(i), 56 DCR 1365.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-2320.
1973 Ed., § 6-1820.
Effect of Amendments
D.C. Law 17-372 rewrote subsec. (a); and added subsec. (d). Prior to amendment, subsec. (a) read as follows:
"(a) If it appears to the Chief that an application for a registration certificate should be denied or that a registration certificate should be revoked, the Chief shall notify the applicant or registrant of the proposed denial or revocation, briefly stating the reason or reasons therefor. Service may be made by delivering a copy of the notice to the applicant or registrant personally, or by leaving a copy thereof at the place of residence identified on the application or registration with some person of suitable age and discretion then residing therein, or by mailing a copy of the notice by certified mail to the residence address identified on the application or certificate, in which case service shall be complete as of the date the return receipt was signed. In the case of an organization, service may be made upon the president, chief executive, or other officer, managing agent or person authorized by appointment or law to receive such notice as described in the preceding sentence at the business address of the organization identified in the application or registration certificate. The person serving the notice shall make proof thereof with the Chief in a manner prescribed by him. In the case of service by certified mail, the signed return receipt shall be filed with the Chief together with a signed statement showing the date such notice was mailed; and if the return receipt does not purport to be signed by the person named in the notice, then specific facts from which the Chief can determine that the person who signed the receipt meets the appropriate qualifications for receipt of such notice set out in this subsection. The applicant or registrant shall have 15 days from the date the notice is served in which to submit further evidence in support of the application or qualifications to continue to hold a registration certificate, as the case may be; provided, that if the applicant does not make such a submission within 15 days from the date of service, the applicant or registrant shall be deemed to have conceded the validity of the reason or reasons stated in the notice, and the denial of revocation shall become final."
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 3(i) of Firearms Registration Emergency Amendment Act of 2008 (D.C. Act 17-651, January 6, 2009, 56 DCR 911).
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.
No information obtained from a person under this subchapter or retained by a person in order to comply with any section of this subchapter, shall be used as evidence against such person in any criminal proceeding with respect to a violation of this unit, occurring prior to or concurrently with the filing of the information required by this subchapter; provided, that this section shall not apply to any violation of § 22-2402, or § 7-2507.04.
(Sept. 24, 1976, D.C. Law 1-85, title II, § 211, 23 DCR 2464; Mar. 16, 1978, D.C. Law 2-62, § 2, 24 DCR 5780; Aug. 2, 1983, D.C. Law 5-24, § 13, 30 DCR 3341.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-2321.
1973 Ed., § 6-1821.
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 § 7-2502.01.
Law 5-24, the "Technical and Clarifying Amendments Act of 1983," was introduced in Council and assigned Bill No. 5-169, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on May 10, 1983, and May 24, 1983, respectively. Signed by the Mayor on June 9, 1983, it was assigned Act No. 5-41 and transmitted to both Houses of Congress for its review.
For the purposes of §§ 7-2502.12 through 7-2502.14, the term:
"Self-defense spray" means a mixture of a lacrimator including chloroacetophenone, alphacloracetophenone, phenylchloromethylketone, orthochlorobenazalm-alononitrile or oleoresin capsicum.
(Sept. 24, 1976, D.C. Law 1-85, title II, § 212, as added Mar. 17, 1993, D.C. Law 9-244, § 2, 40 DCR 647; May 16, 1995, D.C. Law 10-255, § 10(a), 41 DCR 5193.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-2322.
Legislative History of Laws
Law 9-244, the "Legalization of Self-Defense Sprays Amendment Act of 1992," was introduced in Council and assigned Bill No. 9-587, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on December 1, 1992, and December 15, 1992, respectively. Signed by the Mayor on January 5, 1993, it was assigned Act No. 9-382 and transmitted to both Houses of Congress for its review. D.C. Law 9-244 became effective on March 17, 1993.
Law 10-255, the "Technical Amendments Act of 1994," was introduced in Council and assigned Bill No. 10-673, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on June 21, 1994, and July 5, 1994, respectively. Signed by the Mayor on July 25, 1994, it was assigned Act No. 10-302 and transmitted to both Houses of Congress for its review. D.C. Law 10-255 became effective May 16, 1995.
(a) Notwithstanding the provisions of § 7-2501.01(7)(C), a person 18 years of age or older may possess and use a self-defense spray in the exercise of reasonable force in defense of the person or the person's property only if it is propelled from an aerosol container, labeled with or accompanied by clearly written instructions as to its use, and dated to indicate its anticipated useful life.
(b) No person shall possess a self-defense spray which is of a type other than that specified in §§ 7-2502.12 to 7-2502.14.
(Sept. 24, 1976, D.C. Law 1-85, title II, § 213, as added Mar. 17, 1993, D.C. Law 9-244, § 2, 40 DCR 647; May 16, 1995, D.C. Law 10-255, § 10(b), 41 DCR 5193.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-2323.
Legislative History of Laws
For legislative history of D.C. Law 9-244, see Historical and Statutory Notes following § 7-2502.12.
For legislative history of D.C. Law 10-255, see Historical and Statutory Notes following § 7-2502.12.
(a) A person 18 years of age or older must register the self-defense spray at the time of purchase by completing a standard registration form.
(b) The vendor must forward the registration form to the Metropolitan Police Department.
(Sept. 24, 1976, D.C. Law 1-85, title II, § 214, as added Mar. 17, 1993, D.C. Law 9-244, § 2, 40 DCR 647.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-2324.
Legislative History of Laws
For legislative history of D.C. Law 9-244, see Historical and Statutory Notes following § 7-2502.12.
