Code of the District of Columbia

§ 7–2509.08. Concealed Pistol Licensing Review Board.

*NOTE: This section includes amendments by temporary legislation that will expire on August 1, 2024. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version.*

(a) There is established a Concealed Pistol Licensing Review Board (“Board”) for the purpose of hearing appeals from:

(1) A denial of an application or renewal application for a license to carry a concealed pistol in the District pursuant to this unit;

(2) A summary suspension or limitation of a license to carry a concealed pistol; or

(3) A limitation or revocation of a license to carry a concealed pistol.

(b)(1) The Board shall consist of 11 members as follows:

(A) The United States Attorney (“USAO”) for the District of Columbia or the USAO's designee; provided, that if the USAO declines to provide a representative, the Mayor shall appoint a person who is a former employee of the USAO;

(B) The Attorney General for the District of Columbia or the Attorney General's designee;

(C) A mental health professional employed by the Department of Behavioral Health, appointed by the Mayor;

(D) A former sworn officer of a law enforcement agency other than the MPD, appointed by the Mayor; and

(E) Seven public members appointed by the Mayor, as follows:

(i) One mental health professional;

(ii) Two District residents with experience in the operation, care, and handling of firearms;

(iii) Two District residents with professional experience in the field of gun violence prevention;

(iv) One District resident with professional experience in the field of victim services or advocacy; and

(v) One District resident attorney in good standing with the District of Columbia Bar with professional experience in criminal law.

(2) The appointment of members designated by subsection (b)(1)(D) and (b)(1)(E) of this section shall be made in accordance with the following provisions:

(A) Each member shall be appointed for a term of 4 years, and shall continue to serve during that time as long as the member remains eligible for the appointment;

(B) A member may be reappointed;

(C) A Board member whose term has expired may continue to serve as a member until a replacement member has been appointed;

(D) A person appointed to fill a vacancy occurring before the expiration of a term shall serve for the remainder of the term or until a successor has been appointed; and

(E) A member may be removed by the appointing authority only for incompetence, neglect of duty, or misconduct.

(3) The Mayor shall select a chairperson.

(4) Members of the Board, except members who are District or federal government employees, shall be entitled to compensation as provided in § 1-611.08 for their service on the Board.

(c) Four members of the Board shall constitute a quorum, except that 2 members shall be a quorum when hearing panels of 3 members are assigned by the Board to conduct a hearing and make a final decision required by this section.

(d)(1) Notwithstanding any other provision of law, the procedures for appeals under this section shall be governed by 1 DCMR § 1200 et seq. until such time as the Chief Administrative Law Judge may repeal them or re-establish procedures by rule pursuant to § 2-1831.05.

(2) The burden of production of evidence and the burden of persuasion for an appeal brought under this section shall be upon the Chief of Police of the Metropolitan Police Department of the District of Columbia or his designated agent. This provision controls over, and may not be altered by, any rule of procedure or regulation promulgated by either the Office of Administrative Hearings or the Metropolitan Police Department.

(e) The meetings and hearings conducted by the Board shall be confidential and not open to the public.

(f) Any person, including the Chief, aggrieved by a final action of the Board may file an appeal in accordance with subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.].