Chapter 25. Firearms Control.

Subchapter I. Definitions.

§ 7–2501.01. Definitions.

As used in this unit the term:

(1) “Acts of Congress” means:

(A) Chapter 45 of Title 22;

(B) Omnibus Crime Control and Safe Streets Act of 1968, as amended (title VII, Unlawful Possession or Receipt of Firearms (82 Stat. 1236; 18 U.S.C. Appendix)); and

(C) An Act to Amend Title 18, United States Code, To Provide for Better Control of the Interstate Traffic in Firearms Act of 1968 (82 Stat. 1213; 18 U.S.C. § 921 et seq.).

(2) “Ammunition” means cartridge cases, shells, projectiles (including shot), primers, bullets (including restricted pistol bullets), propellant powder, or other devices or materials designed, redesigned, or intended for use in a firearm or destructive device.

(3) “Antique firearm” means:

(A) Any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898; and

(B) Any replica of any firearm described in subparagraph (A) if such replica:

(i) Is not designed or redesigned for using rim-fire or conventional center-fire fixed ammunition; or

(ii) Uses rim-fire or conventional ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade.

(3A)(A) “Assault weapon” means:

(i) The following semiautomatic firearms:

(I) All of the following specified rifles:

(aa) All AK series including, but not limited to, the models identified as follows:

(1) Made in China AK, AKM, AKS, AK47, AK47S, 56, 56S, 84S, and 86S;

(2) Norinco (all models);

(3) Poly Technologies (all models);

(4) MAADI AK47 and ARM; and

(5) Mitchell (all models).

(bb) UZI and Galil;

(cc) Beretta AR-70;

(dd) CETME Sporter;

(ee) Colt AR-15 series;

(ff) Daewoo K-1, K-2, Max 1, Max 2, AR 100, and AR110 C;

(gg) Fabrique Nationale FAL, LAR, FNC, 308 Match, and Sporter;

(hh) MAS 223.

(ii) HK-91, HK-93, HK-94, and HK-PSG-1;

(jj) The following MAC types:

(1) RPB Industries Inc. sM10 and sM11; and

(2) SWD Incorporated M11;

(kk) SKS with detachable magazine;

(ll) SIG AMT, PE-57, SG 550, and SG 551;

(mm) Springfield Armory BM59 and SAR-48;

(nn) Sterling MK-6;

(oo) Steyer AUG, Steyr AUG;

(pp) Valmet M62S, M71S, and M78S;

(qq) Armalite AR-180;

(rr) Bushmaster Assault Rifle;

(ss) Calico —900;

(tt) J&R ENG —68; and

(uu) Weaver Arms Nighthawk.

(II) All of the following specified pistols:

(aa) UZI;

(bb) Encom MP-9 and MP-45;

(cc) The following MAC types:

(1) RPB Industries Inc. sM10 and sM11;

(2) SWD Incorporated -11;

(3) Advance Armament Inc. —11; and

(4) Military Armament Corp. Ingram M-11;

(dd) Intratec TEC-9 and TEC-DC9;

(ee) Sites Spectre;

(ff) Sterling MK-7;

(gg) Calico M-950; and

(hh) Bushmaster Pistol.

(III) All of the following specified shotguns:

(aa) Franchi SPAS 12 and LAW 12; and

(bb) Striker 12. The Streetsweeper type S/S Inc. SS/12;

(IV) A semiautomatic, rifle that has the capacity to accept a detachable magazine and any one of the following:

(aa) A pistol grip that protrudes conspicuously beneath the action of the weapon;

(bb) A thumbhole stock;

(cc) A folding or telescoping stock;

(dd) A grenade launcher or flare launcher;

(ee) A flash suppressor; or

(ff) A forward pistol grip;

(V) A semiautomatic pistol that has the capacity to accept a detachable magazine and any one of the following:

(aa) A threaded barrel, capable of accepting a flash suppressor, forward handgrip, or silencer;

(bb) A second handgrip;

(cc) A shroud that is attached to, or partially or completely encircles, the barrel that allows the bearer to fire the weapon without burning his or her hand, except a slide that encloses the barrel; or

(dd) The capacity to accept a detachable magazine at some location outside of the pistol grip;

(VI) A semiautomatic shotgun that has one or more of the following:

(aa) A folding or telescoping stock;

(bb) A pistol grip that protrudes conspicuously beneath the action of the weapon;

(cc) A thumbhole stock; or

(dd) A vertical handgrip; and

(VII) A semiautomatic shotgun that has the ability to accept a detachable magazine; and

(VIII) All other models within a series that are variations, with minor differences, of those models listed in subparagraph (A) of this paragraph, regardless of the manufacturer;

(ii) Any shotgun with a revolving cylinder; provided, that this sub-subparagraph shall not apply to a weapon with an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition; and

(iii) Any firearm that the Chief may designate as an assault weapon by rule, based on a determination that the firearm would reasonably pose the same or similar danger to the health, safety, and security of the residents of the District as those weapons enumerated in this paragraph.

(B) The term “assault weapon” shall not include:

(i) Any antique firearm; or

(ii) Any of the following pistols, which are designed expressly for use in Olympic target shooting events, sanctioned by the International Olympic Committee and by USA Shooting, the national governing body for international shooting competition in the United States, and used for Olympic target shooting purposes:

(C) The Chief may exempt, by rule, new models of competitive pistols that would otherwise fall within the definition of “assault weapon” pursuant to this section from being classified as an assault weapon. The exemption of competitive pistols shall be based either on recommendations by USA Shooting consistent with the regulations contained in the USA Shooting Official Rules or on the recommendation or rules of any other organization that the Chief considers relevant.

(4) “Chief” means the Chief of Police of the Metropolitan Police Department of the District of Columbia or his designated agent.

(5) “Crime of violence” shall have the same meaning as provided in D.C. Official Code § 23-1331(4).

(6) “Dealer’s license” means a license to buy or sell, repair, trade, or otherwise deal in firearms, destructive devices, or ammunition as provided for in subchapter IV of this unit.

(7) “Destructive device” means:

(A) An explosive, incendiary, or poison gas bomb, grenade, rocket, missile, mine, or similar device;

(B) Any device by whatever name known which will, or is designed or redesigned, or may be readily converted or restored to expel a projectile by the action of an explosive or other propellant through a smooth bore barrel, except a shotgun;

(C) Any device containing tear gas or a chemically similar lacrimator or sternutator by whatever name known;

(D) Repealed.

(E) Any combination of parts designed or intended for use in converting any device into any destructive device; or from which a destructive device may be readily assembled; provided, that the term shall not include:

(i) Any pneumatic, spring, or B-B gun which expels a single projectile not exceeding .18 inch in diameter;

(ii) Any device which is neither designed nor redesigned for use as a weapon;

(iii) Any device originally a weapon which has been redesigned for use as a signaling, line throwing, or safety device; or

(iv) Any device which the Chief finds is not likely to be used as a weapon.

(8) “District” means District of Columbia.

(8A) “.50 BMG rifle” means:

(A) A rifle capable of firing a center-fire cartridge in .50 BMG caliber, including a 12.7 mm equivalent of .50 BMG and any other metric equivalent; or

(B) A copy or duplicate of any rifle described in subparagraph (A) of this paragraph, or any other rifle developed and manufactured after January 6, 2009, regardless of caliber, if such rifle is capable of firing a projectile that attains a muzzle energy of 12,000 foot-pounds or greater in any combination of bullet, propellant, case, or primer.

(9) “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 frame or receiver of any such device; or any firearm muffler or silencer; provided, that such term shall not include:

(A) Antique firearms; or

(B) Destructive devices;

(C) Any device used exclusively for line throwing, signaling, or safety, and required or recommended by the Coast Guard or Interstate Commerce Commission;

(D) Any device used exclusively for firing explosive rivets, stud cartridges, or similar industrial ammunition and incapable for use as a weapon; or

(E) A stun gun.

(9A) “Firearms instructor” means an individual who is certified by the Chief to be qualified to teach firearms training and safety courses.

(9A-i)(A) "Frame" or "receiver" means a part of a firearm that when the complete weapon is assembled is visible from the exterior and provides the housing or structure designed to hold or integrate one or more fire control components, even if pins or other attachments are required to connect those components to the housing or structure.

(B) For the purposes of this paragraph, the term "fire control component" means a component necessary for the firearm to initiate, complete, or continue the firing sequence, and includes a hammer, bolt, bolt carrier, breechblock, cylinder, trigger mechanism, firing pin, striker, or slide rails.

(C)(i) For a firearm model that has multiple parts that could be deemed a "frame" or "receiver" under subparagraph (A) of this paragraph, the term "frame" or "receiver" shall not include "non-primary frames" or "non-primary receivers".

(ii) A part that would otherwise be deemed a "frame" or "receiver" under subparagraph (A) of this paragraph shall be deemed a "non-primary frame" or "non-primary receiver" if federal law:

(I) Does not require serialization of that part; and

(II) Requires serialization of another part that is a frame or receiver, as those terms are defined in this section.

(D)(i) The term "frame" or "receiver" shall not include a frame or receiver that has been destroyed.

(ii) For the purposes of this subparagraph, a frame or receiver is destroyed if it has been permanently altered not to provide housing or a structure that may hold or integrate any fire control or essential internal component and may not readily be assembled, completed, converted, or restored to a functional state.

(9B)(A) "Ghost gun" means any:

(i) Firearm that, after the removal of grips, stocks, and magazines, is not as detectable as the Security Exemplar by walk-through metal detectors calibrated and operated to detect the Security Exemplar;

(ii) Major component of a firearm that, when subjected to inspection by the types of detection devices commonly used at secure public buildings and transit stations, does not generate an image that accurately depicts the shape of the component; or

(iii) Firearm, including a frame or receiver, that lacks a unique serial number engraved or cast on it by a licensed manufacturer or importer in accordance with federal law, assigned by the agency of a State and permanently engraved or cast on the firearm, or otherwise placed on the firearm in compliance with § 7-2502.02.

(B) The term "ghost gun" does not include any:

(i) Firearm that has been rendered permanently inoperable;

(ii) Firearm manufactured or imported before December 16, 1968; or

(iii) Firearm identified as provided for under section 5842 of the Internal Revenue Code of 1986.

(C) For the purposes of subparagraph (A)(i) of this paragraph, the term "firearm" does not include the frame or receiver of any such weapon.

(D) For the purposes of subparagraph (A)(ii) of this paragraph, the term "major component" with respect to a firearm:

(i) Means the slide or cylinder or the frame or receiver of the firearm; and

(ii) In the case of a rifle or shotgun, includes the barrel of the firearm.

(9C) “Intrafamily offense” shall have the same meaning as provided in § 16-1001(8).

(10) “Machine gun” means any firearm which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger. The term “machine gun” shall also include the frame or receiver of any such firearm, any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a firearm into a machine gun, and any combination of parts from which a machine gun can be assembled if such parts are in the possession or under the control of a person.

(10A)(A) "Manufacture" means to:

(i) Fabricate, make, form, produce, or construct, by manual labor or by machinery;

(ii) Assemble a functional firearm; or

(iii) Mold, machine, or 3D print a frame or receiver; and

(B) The term "manufacture" does not include making or fitting special barrels, stocks, or trigger mechanisms to firearms.

(11) “Organization” means any partnership, company, corporation, or other business entity, or any group or association of 2 or more persons united for a common purpose.

(11A) "Permanently inoperable" means incapable of discharging a shot by means of an explosive and incapable of being readily restored to a firing condition.

(12) “Pistol” means any firearm originally designed to be fired by use of a single hand or with a barrel less than 12 inches in length.

(12A) “Place of business” means a business that is located in an immovable structure at a fixed location and that is operated and owned entirely, or in substantial part, by the firearm registrant.

(12B) "Receiver" means the part of a firearm that provides the action or housing for the hammer, bolt, or breechblock and firing mechanism.

(13) “Registration certificate” means a certificate validly issued pursuant to this unit evincing the registration of a firearm pursuant to this unit.

(13A)(A) “Restricted pistol bullet” means:

(i) A projectile or projectile core which may be used in a pistol and which is constructed entirely (excluding the presence of traces of other substances) from one or a combination of tungsten alloys, steel, iron, brass, bronze, beryllium copper, or depleted uranium;

(ii) A full jacketed projectile larger than .22 caliber designed and intended for use in a pistol and whose jacket has a weight of more than 25% of the total weight of the projectile; or

(iii) Ammunition for a .50 BMG rifle.

(B) The term “restricted pistol bullet” does not include:

(i) Shotgun shot required by federal or state environmental or game regulations for hunting purposes;

(ii) A frangible projectile designed for target shooting;

(iii) A projectile which the Attorney General of the United States finds is primarily intended to be used for sporting purposes; or

(iv) Any other projectile or projectile core which the Attorney General of the United States finds is intended to be used for industrial purposes, including a charge used in an oil and gas well perforating device.

(14) “Rifle” means a grooved bore firearm using a fixed metallic cartridge with a single projectile and designed or redesigned, made or remade, and intended to be fired from the shoulder.

(15) “Sawed-off shotgun” means a shotgun having a barrel of less than 18 inches in length; or a firearm made from a shotgun if such firearm as modified has an overall length of less than 26 inches or any barrel of less than 18 inches in length.

(15A) "Security Exemplar" means an object, to be fabricated at the direction of the Mayor, that is:

(A) Constructed of 3.7 ounces of material type 17-4 PH stainless steel in a shape resembling a handgun; and

(B) Suitable for testing and calibrating metal detectors.

(16) “Shotgun” means a smooth bore firearm using a fixed shotgun shell with either a number of ball shot or a single projectile, and designed or redesigned, made or remade, and intended to be fired from the shoulder.

(17) “Short barreled rifle” means a rifle having any barrel less than 16 inches in length, or a firearm made from a rifle if such firearm as modified has an overall length of less than 26 inches or any barrel of less than 16 inches.

(17A) "Stun gun" means any device designed or redesigned, made or remade, or readily converted or restored, and used or intended to be used offensively or defensively to immobilize or incapacitate a person by the use of electric current or audible, optical, or electromagnetic pulse.

(17B) Repealed.

(18) “Weapons offense” means any violation in any jurisdiction of any law which involves the sale, purchase, transfer in any manner, receipt, acquisition, possession, having under control, use, repair, manufacture, carrying, or transportation of any firearm, ammunition, or destructive device.

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Subchapter II. Firearms and Destructive Devices.

§ 7–2502.01. Registration requirements.

(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)(A) Qualified law enforcement officers, as that phrase is defined in 18 U.S.C. § 926B(c) and (f), who are carrying the identification required by 18 U.S.C. § 926B(d);

(B) Qualified retired law enforcement officers, as that phrase is defined in 18 U.S.C. §926C(c) and (e)(2), who are carrying the identification required by 18 U.S.C. § 926C(d);

(C) Members of the Army, Navy, Air Force, or Marine Corps of the United States, or of the National Guard or Organized Reserves, when on duty and duly authorized to carry a firearm;

(D) Officers or employees of the United States, when duly authorized to carry a firearm; or

(E) State law enforcement officers who lawfully enter the District of Columbia in hot pursuit of a person suspected of having committed a crime;

(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 or place of business 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.

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§ 7–2502.02. Registration of certain firearms prohibited.

(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:

(i) For use in self-defense within that person’s home or place of business; or

(ii) As part of the application process for a license to carry a concealed pistol pursuant to § 7-2509.02; 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;

(7) A .50 BMG rifle; or

(8) Ghost gun.

(b) Repealed.

(c)(1) Notwithstanding subsection (a)(5) of this section, a registration certificate may be issued for a self-manufactured firearm that is not prohibited under subsection (a)(1) through (4) or (6) through (8) of this section if:

(A) The applicant meets the requirements of § 7-2502.03; and

(B) A unique serial number is engraved or cast on, or otherwise permanently affixed to, the firearm in a manner that meets or exceeds the requirements imposed on licensed importers and licensed manufacturers of firearms pursuant to 18 U.S.C. § 923(i) and regulations issued pursuant thereto; provided, that a serial number or mark of identification exceeds these requirements if the engraving, casting, or stamping (also known as impressing) of the serial number exceeds the required minimum depth or exceeds the minimum print size of that provision.

(2)(A) An applicant who meets the requirements of § 7-2502.03 may register a self-manufactured firearm that does not bear a serial number as described in paragraph (1)(B) of this subsection, if, prior to finishing the frame or receiver, the applicant has caused a unique serial number to be engraved, casted, stamped (impressed), or placed on the frame or receiver, as set forth in subparagraphs (B) and (C) of this paragraph.

(B) The serial number shall consist of the first and last name of the self-manufacturer, followed by the designation "DC" and then a set of 2 to 5 numbers.

(C) The set of numbers described in subparagraph (B) of this paragraph shall not duplicate any serial number placed by the self-manufacturer on any other firearm. The applicant shall, before engraving, casting, stamping (impressing), or placing a serial number on the frame or receiver, confirm with the Metropolitan Police Department that the proposed serial number has not already been registered to another firearm.

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§ 7–2502.03. Qualifications for registration; information required for registration.

(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 the person's 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 the applicant's 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;

(B) A violation of D.C. Official Code § 22-404, regarding assaults and threats, or D.C. Official Code § 22-407, regarding threats to do bodily harm, or a violation of any similar provision of the law of another jurisdiction;

(C) Two or more violations of D.C. Official Code § 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;

(E) Misdemeanor violation pursuant to § 7-2507.02 or § 7-2507.06;

(F) Violation of § 22-3133; or

(G) Violation of an extreme risk protection order pursuant to § 7-2510.11;

(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)(A) Within the 5-year period immediately preceding the application, has not been:

(1) Voluntarily admitted to a mental health facility;

(2) Involuntarily committed to a mental health facility by the Superior Court of the District of Columbia, another court of competent jurisdiction, the Commission on Mental Health, or a similar commission in another jurisdiction;

(3) Determined by the Superior Court of the District of Columbia or another court of competent jurisdiction to be an incapacitated individual, as that term is defined in § 21-2011(11);

(4) Adjudicated as a mental defective, as that term is defined in 27 C.F.R. § 478.11; or

(5) Committed to a mental institution, as that term is defined in 27 C.F.R. § 478.11;

(B) Subparagraph (A) of this paragraph shall not apply if:

(i) For applicants disqualified as a result of a voluntary admission, commitment, incapacity determination, or adjudication that occurred in the District, the Superior Court of the District of Columbia has granted the applicant relief pursuant to subsection (f) of this section, unless the applicant, since the court granted the applicant relief pursuant to subsection (f) of this section, is again disqualified under subparagraph (A) of this paragraph; and

(ii) For applicants disqualified as a result of a voluntary admission, commitment, incapacity determination, or adjudication that occurred in another jurisdiction, the court or commission of competent jurisdiction has granted the applicant relief, unless the applicant, since the court or commission granted the applicant relief, is again disqualified under subparagraph (A) of this paragraph.

(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 D.C. Official Code § 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;

(14) Has not been prohibited from possessing or registering a firearm pursuant to § 7-2502.08; and

(15) Is not the subject of an ex parte extreme risk protection order issued pursuant to § 7-2510.04 or a final extreme risk protection order issued pursuant to § 7-2510.03 or renewed pursuant to § 7-2510.06.

(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) For a firearm that is not self-manufactured pursuant to § 7-2502.02, 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.

(f)(1) A person disqualified under subsection (a)(6)(A) of this section, 18 U.S.C. § 922(d)(4), or 18 U.S.C. § 922(g)(4) as a result of a commitment or adjudication that occurred in the District, may petition the Superior Court for the District of Columbia for relief from disqualification.

(2) A petition filed pursuant to paragraph (1) of this subsection shall:

(A) Be in writing;

(B) State the reason the petitioner was disqualified;

(C) State facts in support of the petitioner's claim that the petitioner should no longer be disqualified;

(D) Include a statement, on a form approved by the court, signed by a licensed physician, psychiatrist, or qualified psychologist within the 30-day period immediately preceding the filing of the petition for relief, stating:

(i) The symptoms or behaviors for which the petitioner has been disqualified;

(ii) The length of time that the petitioner has no longer experienced those symptoms or behaviors;

(iii) The length of time that the petitioner has been compliant with any applicable treatment plans related to the reason the petitioner was disqualified; and

(iv) That, in the physician, psychiatrist, or psychologist's opinion, the petitioner would not be likely to act in a manner dangerous to public safety if allowed to register a firearm;

(E) Be accompanied by any appropriate exhibits, affidavits, or supporting documents, including records of any guardianship, conservatorship, or commitment proceeding related to the petitioner's disqualification;

(F) Include 2 statements from individuals who are not related to the petitioner by blood, adoption, guardianship, marriage, domestic partnership, having a child in common, cohabitating, or maintaining a romantic, dating, or sexual relationship and have known the petitioner for at least 3 years. The individuals' statements shall:

(i) Be on a form approved by the court, and signed by the individual within the 30-day period immediately preceding the filing of the petition for relief;

(ii) Describe the petitioner's reputation and character; and

(iii) State that, in the individual's opinion, the petitioner would not be likely to act in a manner dangerous to public safety if allowed to register a firearm; and

(G) Be served upon the Office of the Attorney General.

(3)(A)(i) Upon receipt of a petition filed under paragraph (1) of this subsection, and for good cause shown, the court shall issue such orders as may be necessary to obtain any mental health records and other information relevant for the purposes of the petition. The order shall require the disclosure of records to the Office of the Attorney General so that the Office of the Attorney General can conduct a search of the petitioner's mental health records and report its findings to the court as required by subparagraph (B) of this paragraph.

(ii) The court shall order the Office of the Attorney General to file a response to the petition. Within 60 days after the court's order for a response, the Office of the Attorney General shall file a response indicating whether the Office of the Attorney General supports or opposes the petition.

(iii) The court may, for good cause shown, extend in 30-day increments the date by which the Office of Attorney General must file its response under sub-subparagraph (ii) of this subparagraph.

(B) The Office of Attorney General shall:

(i) Conduct a reasonable search of all available records of the petitioner's mental health;

(ii) Perform a national criminal history and firearms eligibility background check on the petitioner; and

(iii) Include its findings under this subparagraph in its response to the court.

(C) The Metropolitan Police Department shall, upon request, provide to the Office of Attorney General any records related to the petitioner it has in its possession or could obtain after conducting a reasonable search.

(4)(A) The court shall hold a hearing on a petition filed under paragraph (1) of this subsection within 60 days after the date on which the Office of Attorney General files its response.

(B) In determining whether to grant a petition filed pursuant to paragraph (1) of this subsection, the court shall consider all relevant evidence, including:

(i) The reason the petitioner was disqualified;

(ii) The petitioner's mental health and criminal history records; and

(iii) Evidence of the petitioner's reputation.

(5) The court shall grant a petition filed pursuant to paragraph (1) of this subsection if the petitioner establishes, by a preponderance of the evidence, that:

(A) The petitioner would not be likely to act in a manner dangerous to public safety; and

(B) Granting the relief would not be contrary to the public interest.

(6) If the court grants a petition for relief pursuant to paragraph (5) of this subsection, the court shall issue an order that:

(A) States the petitioner is no longer disqualified under subsection (a)(6)(A) of this section;

(B) Orders the Clerk of the Court to submit a copy of the order to the Metropolitan Police Department, the Office of the Attorney General, and any other relevant law enforcement, pretrial, corrections, or community supervision agency; and

(C) Requires that the petitioner's record be updated in the National Instant Criminal Background Check System and any other system used to determine firearm registration eligibility to reflect that the petitioner is no longer disqualified.

(7) If the court denies a petition for relief, the court shall state the reasons for its denial in writing.

(8) An order granting or denying a petition filed under paragraph (1) of this subsection shall be a final order for the purposes of appeal.

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§ 7–2502.04. Fingerprints and photographs of applicants; application in person required.

(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.

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§ 7–2502.05. Application signed under oath; fees.

(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 D.C. Official Code § 22-2402. Except as required in § 7-2502.03(a)(1), no document shall be required to be notarized.

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§ 7–2502.06. Time for filing registration applications.

(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.

(c) Notwithstanding subsection (a) of this section, a person seeking a registration certificate for a firearm that the person has self-manufactured shall file a registration application within 5 business days after completing manufacture of the firearm.

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§ 7–2502.07. Issuance of registration certificate; time period; corrections.

(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.

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§ 7–2502.07a. Expiration and renewal of registration certificate.

(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.

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§ 7–2502.08. Duties of registrants.

(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.

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§ 7–2502.09. Revocation of registration certificate.

(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.

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§ 7–2502.10. Procedure for denial and revocation of registration certificate.

*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) 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.

(b-1) An appeal of the Chief's denial or revocation of a firearm registration certificate pursuant to subsection (b) of this section shall be made to the Office of Administrative Hearings, pursuant to § 2-1831.03(b-2)(2). Notwithstanding any other provision of law, the burden of production of evidence and the burden of persuasion at a hearing in such an appeal shall be upon the Chief 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.

(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.

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§ 7–2502.11. Information prohibited from use as evidence in criminal proceedings.

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.

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§ 7–2502.11a. Freedom of information exception.

Any record regarding a person who has applied for, received, or had revoked any registration issued pursuant to this subchapter shall not be made available as a public record under § 2-532.

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§ 7–2502.12. Definition of self-defense sprays.

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.

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§ 7–2502.13. Possession of self-defense sprays.

(a) Notwithstanding the provisions of § 7-2501.01(7)(C), a person 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.

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§ 7–2502.13a. Sale of self-defense sprays.

*NOTE: This section was created by emergency legislation that will expire on June 9, 2024.*

Notwithstanding any other provision of this subchapter, a person may transfer, offer for sale, sell, give, or deliver a self-defense spray to another person in the District for the purposes set forth in § 7-2502.13; provided, that the self-defense spray 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.

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§ 7–2502.14. Registration of self-defense sprays. [Repealed]

Repealed.

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§ 7–2502.15. Possession of stun guns.

(a) No person under 18 years of age shall possess a stun gun in the District; provided, that brief possession for self-defense in response to an immediate threat of harm shall not be a violation of this subsection.

(b) No person who possesses a stun gun shall use that weapon except in the exercise of reasonable force in defense of person or property.

(c) Unless permission specific to the individual and occasion is given, no person, except a law enforcement officer as defined in § 7-2509.01, shall possess a stun gun in the following locations:

(1) A building or office occupied by the District of Columbia, its agencies, or instrumentalities;

(2) A penal institution, secure juvenile residential facility, or halfway house;

(3) A building or portion thereof, occupied by a children's facility, preschool, or public or private elementary or secondary school; or

(4) Any building or grounds clearly posted by the owner or occupant to prohibit the carrying of a stun gun.

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§ 7–2502.16. Sale of stun guns.

(a) In order to lawfully sell a stun gun in the District, a vendor shall obtain pursuant to § 47-2851.03 a stun gun endorsement on its basic business license from the Department of Consumer and Regulatory Affairs ("Department") on a form to be provided by the Department.

(b) This section shall not apply to a vendor who sells fewer than 5 stun guns in a 12- month period.

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Subchapter III. Estates Containing Firearms.

§ 7–2503.01. Rights and responsibilities of executors and administrators.

(a) The executor or administrator of an estate containing a firearm shall notify the Chief of the death of the decedent within 30 days of his appointment or qualification, whichever is earlier.

(b) Until the lawful distribution of such firearm to an heir or legatee or the lawful sale, transfer, or disposition of the firearm by the estate, the executor or administrator of such estate shall be charged with the duties and obligations which would have been imposed by this unit upon the decedent, if the decedent were still alive; provided, that such executor or administrator shall not be liable to the criminal penalties of § 7-2507.06.

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Subchapter IV. Licensing of Firearms Businesses.

§ 7–2504.01. Manufacture of firearms, destructive devices or ammunition prohibited; requirement for dealer’s license.

(a) No person or organization shall engage in the business of manufacturing any firearm, destructive device or parts thereof, or ammunition, within the District; provided, that:

(1) Nothing in this section shall preclude persons not otherwise prohibited from possessing firearms from making their own firearms solely for personal use (not for sale or distribution) in accordance with Unit A of this chapter, rules issued pursuant to Unit A of this chapter, and any applicable federal law or regulation; and

(2) A person holding registration certificates may engage in hand loading, reloading, or custom loading ammunition for the person's registered firearms; except, that a person may not hand load, reload, or custom load ammunition for others.

(b) No person or organization shall engage in the business of selling, purchasing, or repairing any firearm, destructive device, parts therefor, or ammunition, without first obtaining a dealer’s license, and no licensee shall engage in the business of selling, purchasing, or repairing firearms which are unregisterable under § 7-2502.02, destructive devices, or parts therefor, except pursuant to a valid work or purchase order, for those persons specified in § 7-2502.01(b)(1).

(c) Any license issued pursuant to this section shall be issued by the Metropolitan Police Department as a Public Safety endorsement to a basic business license under the basic business license system as set forth in subchapter I-A of Chapter 28 of Title 47.

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§ 7–2504.02. Qualifications for dealer’s license; application; fee.

(a) Any person eligible to register a firearm under this unit and who, if a registrant, has not previously failed to perform any of the duties imposed by this unit; and, any person eligible under the acts of Congress to engage in such business, may obtain a dealer’s license, or a renewal thereof, which shall be valid for a period of not more than 1 year from the date of issuance. The license required by this unit, shall be in addition to any other license or licensing procedure required by law.

(b) Each application for a dealer’s license and each application for renewal thereof shall be made on a form prescribed by the Chief, shall be sworn to or affirmed by the applicant, and shall contain:

(1) The information required by § 7-2502.03(a);

(2) The address where the applicant conducts or intends to conduct his business;

(3) Whether the applicant, prior to September 24, 1976, held a license to deal in deadly weapons in the District; and

(4) Such other information as the Chief may require, including fingerprints and photographs of the applicant, to carry out the purposes of this unit.

(c) Each application for a dealer’s license, or renewal shall be accompanied by a fee 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.

(d) Any license issued pursuant to this section shall be issued as a Public Safety endorsement to a basic business license under the basic business license system as set forth in subchapter I-A of Chapter 28 of Title 47.

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§ 7–2504.03. Issuance of dealer’s license; time period; corrections.

(a) Upon receipt of a properly executed application for a dealer’s license, or renewal thereof, the Chief, upon determining through further inquiry, investigation, or otherwise, that the applicant is entitled and qualified under the provisions of this unit thereto, shall issue a dealer’s license. Each dealer’s license shall be in duplicate and bear a unique dealer’s license number, and such other information as the Chief determines is necessary to identify the applicant and premises. The duplicate of the dealer’s license 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. The Chief may hold in abeyance an application where there is any firearms revocation proceeding pending against such person.

(c) Upon receipt of a dealer’s license, each applicant shall examine the same to ensure that the information thereon is correct. If the dealer’s license is incorrect in any respect, the person named thereon shall return the same 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 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 dealer’s license, other than as provided in subsection (c) of this section, he may require the holder to return the dealer’s license for correction. If the error resulted from information contained in the application, the person named therein shall be required to file an amended application as provided in subsection (c) of this section.

(e) Each dealer’s license issued by the Chief shall be accompanied by a statement setting forth a dealer’s duties under this unit.

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§ 7–2504.04. Duties of licensed dealers; records required.

(a) Each person holding a dealer’s license, in addition to any other requirements imposed by this unit, the acts of Congress, and other law, shall:

(1) Display the dealer’s license in a conspicuous place on the premises;

(2) Notify the Chief in writing:

(A) Of the loss, theft, or destruction of the dealer’s license (including the circumstances, if known) immediately upon the discovery of such loss, theft, or destruction or of the loss, theft, or destruction of any firearms or ammunition in the dealer’s inventory;

(B) Of a change in any of the information appearing on the dealer’s license or required by § 7-2504.02 immediately upon the occurrence of any such change;

(3) Keep at the premises identified in the dealer’s license a true and current record in book form of:

(A) The name, address, home phone, and date of birth of each employee handling firearms, ammunition, or destructive devices;

(B) Each firearm or destructive device received into inventory or for repair including the:

(i) Serial number, caliber, make, model, manufacturer’s number (if any), dealer’s identification number (if any), registration certificate number (if any) of the firearm, and similar descriptive information for destructive devices;

(ii) Name, address, and dealer’s license number (if any) of the person or organization from whom the firearm or destructive device was purchased or otherwise received;

(iii) Consideration given for the firearm or destructive device, if any;

(iv) Date and time received by the licensee and in the case of repair, returned to the person holding the registration certificate; and

(v) Nature of the repairs made;

(C) Each firearm or destructive device sold or transferred including the:

(i) Serial number, caliber, make, model, manufacturer’s number or dealer’s identification number, and registration certificate number (if any) of the firearm or similar information for destructive devices;

(ii) Name, address, registration certificate number or license number (if any) of the person or organization to whom transferred;

(iii) The consideration for transfer; and

(iv) Time and date of delivery of the firearm or destructive device to the transferee;

(D) Ammunition received into inventory including the:

(i) Brand and number of rounds of each caliber or gauge;

(ii) Name, address, and dealer’s license or registration number (if any) of the person or organization from whom received;

(iii) Consideration given for the ammunition; and

(iv) Date and time of the receipt of the ammunition;

(E) Ammunition sold or transferred including:

(i) Brand and number of rounds of each caliber or gauge;

(ii) Name, address and dealer’s license number (if any) of the person or organization to whom sold or transferred;

(iii) If the purchaser or transferee is not a licensee, the registration certificate number of the firearm for which the ammunition was sold or transferred;

(iv) The consideration for the sale and transfer; and

(v) The date and time of sale or transfer.

(b) The records required by subsection (a) of this section shall upon demand be exhibited during normal business hours to any member of the Metropolitan Police Department. In addition, the records required by subsection (a) of this section shall be submitted upon demand with the dealer’s application for license renewal.

(c) Each person holding a dealer’s license shall, when required by the Chief in writing, submit on a form and for the periods of time specified, any record information required to be maintained by subsection (a) of this section, and any other information reasonably obtainable therefrom.

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§ 7–2504.05. Revocation of dealer’s license.

A dealer’s license shall be revoked if:

(1) Any of the criteria in § 7-2504.04 is not currently met;

(2) The information furnished to the Chief on the application for a dealer’s license proves to be intentionally false;

(3) There is a violation or omission of the duties, obligations, or requirements imposed by § 7-2504.04; or

(4) The license holder no longer meets any of the criteria required by this subchapter.

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§ 7–2504.06. Procedure for denial and revocation of dealer’s license.

(a) If it appears to the Chief that an application for a dealer’s license should be denied or that a dealer’s license 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 as provided for in § 7-2502.10(a). The applicant or dealer shall have 15 days from the date of service in which to submit further evidence in support of the application or qualifications to continue to hold a dealer’s license, as the case may be; provided, that if the applicant or dealer does not make such a submission within 15 days from the date of service, the applicant or dealer 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, the Chief shall serve upon the applicant or registrant in the manner provided in § 7-2502.10(a) 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 45 days of a decision becoming effective, which is unfavorable to a licensee or to an applicant for a dealer’s license, the licensee or applicant shall:

(1) If he is eligible to register firearms pursuant to this unit, register such firearms in his inventory as are capable of registration pursuant to this unit;

(2) Peaceably surrender to the Chief any firearms in his inventory which he does not register, and all destructive devices in his inventory in the manner provided for in § 7-2507.05;

(3) Lawfully remove from the District any firearm in his inventory which he does not register and all destructive devices and ammunition in his inventory for so long as he has an interest in them; or

(4) Otherwise lawfully dispose of any firearms in his inventory which he does not register and all destructive devices and ammunition in his inventory.

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§ 7–2504.07. Display of firearms or ammunition by dealers; security; employees of dealers.

(a) No licensed dealer shall display any firearm or ammunition in windows visible from a street or sidewalk. All firearms, destructive devices, and ammunition shall be kept at all times in a securely locked place affixed to the premises except when being shown to a customer, being repaired, or otherwise being worked on.

(b) No licensee shall knowingly employ any person in his establishment if such person would not be eligible to register a firearm under this unit.

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§ 7–2504.08. Identification number on firearm required before sale.

(a) No person or organization shall sell or offer for sale any firearm, including a frame or receiver, which does not have imbedded into the metal portion of such firearm a unique manufacturer’s identification number or serial number, unless the licensee shall have imbedded into the metal portion of such firearm a unique dealer’s identification number.

(b) Beginning on January 1, 2018, no licensee shall sell or offer for sale any semiautomatic pistol manufactured on or after January 1, 2018, that is not microstamp-ready as required by and in accordance with § 7-2505.03.

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§ 7–2504.09. Certain information obtained from or retained by dealers not to be used as evidence in criminal proceedings.

No information obtained from or retained by a licensed dealer to comply with this unit shall be used as evidence against such licensed dealer in any criminal proceeding with respect to a violation of this unit occurring prior to or concurrently with the filing of such information; provided, that this section shall not apply to any violation of § 22-2402, or of § 7-2507.04.

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§ 7–2504.10. District as federal firearms licensee.

(a) Whenever there is no active federal firearms licensee in the District of Columbia, the Mayor may seek from federal authorities a license for the District to act as a federal firearms licensee solely for the benefit of any District resident eligible and seeking to obtain a lawful handgun.

(b) The Mayor shall delegate the authority under subsection (a) of this section to a subordinate agency.

(c) The District shall act under the license obtained pursuant to subsection (a) of this section only until such time as there is an active federal firearms licensee in the District of Columbia.

(d) The District may charge a fee to recover the cost of acting as a federal firearms licensee pursuant to subsection (a) of this section by charging $125 or its actual costs, whichever is less, for each handgun.

(e) For the purposes of this section, the term “active federal firearms licensee” means a person or business that has applied for and received a federal firearms license pursuant to 18 U.S.C. § 923 for the purpose of interstate transfer of handguns, and is operating commercially in the District of Columbia.

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Subchapter V. Sale and Transfer of Firearms, Destructive Devices, and Ammunition.

§ 7–2505.01. Sales and transfers prohibited.

No person or organization shall sell, transfer or otherwise dispose of any firearm, destructive device, ghost gun, or ammunition in the District except as provided in § 7-2502.10(c), § 7-2505.02, § 7-2507.05, § 7-2510.07, or § 7-2510.09.

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§ 7–2505.02. Permissible sales and transfers.

(a) Any person or organization eligible to register a firearm may sell or otherwise transfer ammunition or any firearm, except those which are unregisterable under § 7-2502.02, to a licensed dealer.

(b) Any licensed dealer may sell or otherwise transfer:

(1) Ammunition, excluding one or more restricted pistol bullets, and any firearm or destructive device which is lawfully a part of such licensee’s inventory, to any nonresident person or business licensed under the acts of Congress and the jurisdiction where such person resides or conducts such business;

(2) Ammunition, including one or more restricted pistol bullets, and any firearm or destructive device which is lawfully a part of such licensee’s inventory to:

(A) Any other licensed dealer;

(B) Any law enforcement officer or agent of the District or the United States of America when such officer or agent is on duty, and acting within the scope of his duties when acquiring such firearm, ammunition, or destructive device, if the officer or agent has in his possession a statement from the head of his agency stating that the item is to be used in such officer’s or agent’s official duties.

(c) Any licensed dealer may sell or otherwise transfer a firearm except those which are unregisterable under § 7-2502.02, to any person or organization possessing a registration certificate for such firearm; provided, that if the Chief denies a registration certificate, he shall so advise the licensee who shall thereupon: (1) withhold delivery until such time as a registration certificate is issued, or, at the option of the purchaser; (2) declare the contract null and void, in which case consideration paid to the licensee shall be returned to the purchaser; provided further, that this subsection shall not apply to persons covered by subsection (b) of this section.

(d) Except as provided in subsections (b) and (e) of this section, no licensed dealer shall sell or otherwise transfer ammunition unless:

(1) The sale or transfer is made in person; and

(2) The purchaser exhibits, at the time of sale or other transfer, a valid registration certificate, or in the case of a nonresident, proof that the weapon is lawfully possessed in the jurisdiction where such person resides;

(3) The ammunition to be sold or transferred is of the same caliber or gauge as the firearm described in the registration certificate, or other proof in the case of nonresident; and

(4) The purchaser signs a receipt for the ammunition which (in addition to the other records required under this unit) shall be maintained by the licensed dealer for a period of 1 year from the date of sale.

(e) Any licensed dealer may sell ammunition to any person holding an ammunition collector’s certificate on September 24, 1976; provided, that the collector’s certificate shall be exhibited to the licensed dealer whenever the collector purchases ammunition for his collection; provided further, that the collector shall sign a receipt for the ammunition, which shall be treated in the same manner as that required under paragraph (4) of subsection (d) of this section.

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§ 7–2505.03. Microstamping.

(a) For the purposes of the section, the term:

(1) “Firearms dealer” means a person or organization possessing a dealer’s license under authority of subchapter IV of this chapter.

(2) “Manufacturer” means any person in business to manufacture or assemble a firearm, for sale or distribution.

(3) “Microstamp-ready” means a semiautomatic pistol that is manufactured to produce a unique alpha-numeric or geometric code on at least 2 locations on each expended cartridge case that identifies the make, model, and serial number of the pistol.

(4) “Semiautomatic pistol” means a pistol capable of utilizing a portion of the energy of a firing cartridge to extract the fired cartridge case and automatically chamber the next round, and that requires a separate pull of the trigger to fire each successive round.

(b) Except as provided in subsection (c) of this section, beginning on January 1, 2018, a semiautomatic pistol shall be microstamp-ready if it is:

(1) Manufactured in the District of Columbia;

(2) Manufactured on or after January 1, 2018, and delivered or caused to be delivered by any manufacturer to a firearms dealer in the District of Columbia; or

(3) Manufactured on or after January 1, 2018, and sold, offered for sale, loaned, given, or transferred by a firearms dealer in the District of Columbia.

(c)(1) A semiautomatic pistol manufactured after January 1, 2018, that is not microstamp-ready and that was acquired outside of the District by a person who was not a District resident at the time of acquisition but who subsequently moved to the District shall be registered if the requirements of this unit are met, and may be sold, transferred, or given away; provided, that the pistol shall be sold, transferred, or given away only through a firearms dealer.

(2) If a firearms dealer lawfully acquires a microstamp-ready semiautomatic pistol that was originally purchased by a non-dealer resident of the District of Columbia, the firearms dealer shall not sell, offer for sale, loan, give, or transfer that pistol if he or she knows or reasonably should have known that the unique alphanumeric or geometric code associated with that pistol has been changed, altered, removed, or obliterated, excepting for normal wear.

(d)(1) Except as provided in paragraph (2) of this subsection, and except for normal wear, no person shall change, alter, remove, or obliterate the unique alpha-numeric or geometric code associated with that pistol.

(2) Replacing a firing pin that has been damaged or worn and is in need of replacement for the safe use of the semiautomatic pistol or for a legitimate sporting purpose shall not alone be evidence that someone has violated this subsection.

(e) Beginning January 1, 2018, a manufacturer that delivers a semiautomatic pistol, or causes a semiautomatic pistol to be delivered, to a firearms dealer for sale in the District of Columbia shall certify whether the pistol was manufactured on or after January 1, 2018, and, if it was, that:

(1) The semiautomatic pistol will produce a unique alpha-numeric code or a geometric code on each cartridge case that identifies the make, model, and serial number of the semiautomatic pistol that expended the cartridge casing; and

(2) The manufacturer will supply the Chief with the make, model, and serial number of the semiautomatic pistol that expended the cartridge case, when presented with an alpha-numeric or geometric code from a cartridge case; provided, that the cartridge case was recovered as part of a legitimate law enforcement investigation.

(f) The Chief, pursuant to subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.], shall issue rules to implement the provisions of this section.

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§ 7–2505.04. Prohibition on sale, transfer, ownership, or possession of designated unsafe pistol.

(a) Except as provided in subsections (c), (d), or (e) of this section, beginning January 1, 2009, a pistol that is not on the California Roster of Handguns Certified for Sale, (also known as the California Roster of Handguns Determined Not to be Unsafe), pursuant to California Penal Code § 12131, as of January 1, 2009, may not be manufactured, sold, given, loaned, exposed for sale, transferred, or imported into the District of Columbia.

(b) Except as provided in subsection (e) of this section, beginning January 1, 2009, a pistol that is not on the California Roster of Handguns Certified for Sale as of January 1, 2009, may not be owned or possessed within the District of Columbia unless that pistol was lawfully owned and registered prior to January 1, 2009.

(b-1) Notwithstanding any other provision of this section, a person may lawfully:

(1) Self-manufacture a pistol; and

(2) Possess and own a pistol that the person self-manufactured pursuant to paragraph (1) of this subsection and registered pursuant to § 7-2502.02.

(c) Except as provided in subsection (e) of this section, a District of Columbia resident who is the owner of a pistol lawfully registered prior to January 1, 2009, that is not on the California Roster of Handguns Certified for Sale as of January 1, 2009, and who wishes to sell or transfer that pistol after January 1, 2009, may do so only by selling or transferring ownership of the handgun to a licensed firearm dealer.

(d) Except as provided in subsection (e) of this section, beginning January 1, 2009, a licensed firearm dealer who retains in the dealer’s inventory, or who otherwise lawfully acquires, any pistol not on the California Roster of Handguns Certified for Sale as of January 1, 2009, may sell, loan, give, trade, or otherwise transfer the firearm only to another licensed firearm dealer.

(e) This section shall not apply to:

(1) Firearms defined as curios or relics, as defined in 27 C.F.R. § 478.11;

(2) The purchase of any firearm by any law enforcement officer or agent of the District or the United States;

(3) Pistols that are designed expressly for use in Olympic target shooting events, as defined by rule;

(4) Certain single-action revolvers, as defined by rule;

(5) The sale, loan, or transfer of any firearm that is to be used solely as a prop during the course of a motion picture, television, or video production by an authorized participant in the course of making that production or event or by an authorized employee or agent of the entity producing that production or event;

(6) The temporary transfer of a lawfully owned and registered firearm for the purposes of cleaning, repair, or servicing of the firearm by a licensed firearm dealer; or

(7) The possession of a firearm by a non-resident of the District of Columbia while temporarily traveling through the District; provided, that the firearm shall be transported in accordance with § 22-4504.02.

(f) The Chief shall review any additions or deletions to the California Roster of Handguns Certified for Sale at least annually. For purposes of District law, the Chief is authorized to revise, by rule, the roster of handguns determined not to be unsafe prescribed by subsection (a) of this section and to prescribe by rule the firearms permissible pursuant to subsection (e) of this section.

(g) The Chief shall provide to the licensed firearm dealers within the District information about how to obtain a copy of the California Roster of Handguns Certified for Sale and any revisions to it made the Chief.

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Subchapter VI. Possession of Ammunition.

§ 7–2506.01. Persons permitted to possess ammunition.

*NOTE: This section includes amendments by emergency legislation that will expire on June 9, 2024. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version.*

(a) No person shall possess ammunition in the District of Columbia unless:

(1) He is a licensed dealer pursuant to subchapter IV of this unit;

(2) He is an officer, agent, or employee of the District of Columbia or the United States of America, on duty and acting within the scope of his duties when possessing such ammunition;

(3) He is the holder of a valid registration certificate for a firearm pursuant to subchapter II of this chapter; except, that no such person shall possess one or more restricted pistol bullets;

(4) He holds an ammunition collector’s certificate on September 24, 1976; or

(5) He temporarily possesses ammunition while participating in a firearms training and safety class conducted by a firearms instructor.

(b) No person in the District shall knowingly possess, sell, or transfer any ammunition feeding device that is, in fact, a large capacity ammunition feeding device regardless of whether the device is attached to a firearm.

(c) For the purposes of this section, the term "large capacity ammunition feeding device" means a magazine, belt, drum, feed strip, or similar device that has a capacity of, or that can be readily restored or converted to accept, more than 10 rounds of ammunition. The term "large capacity ammunition feeding device" does not include an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition.

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Subchapter VII. Miscellaneous Provisions.

§ 7–2507.01. Security mortgages, deposits, or pawns with firearms, destructive devices, or ammunition prohibited; loan or rental of firearms, destructive devices, or ammunition prohibited.

(a) No firearm, destructive device, or ammunition shall be security for, or be taken or received by way of any mortgage, deposit, pledge, or pawn.

(b) No person may loan, borrow, give, or rent to or from another person, any firearm, destructive device, or ammunition.

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§ 7–2507.02. Responsibilities regarding storage of firearms.

(a) It shall be the policy of the District of Columbia that each registrant should keep any firearm in his or her possession unloaded and either disassembled or secured by a trigger lock, gun safe, locked box, or other secure device.

(b) No person shall store or keep any firearm on any premises under his control if he knows or reasonably should know that a minor is likely to gain access to the firearm without the permission of the parent or guardian of the minor unless such person:

(1) Keeps the firearm in a securely locked box, secured container, or in a location which a reasonable person would believe to be secure; or

(2) Carries the firearm on his person or within such close proximity that he can readily retrieve and use it as if he carried it on his person.

(c)(1) A person who violates subsection (b) of this section is guilty of criminally negligent storage of a firearm and, except as provided in paragraph (2) of this subsection, shall be fined not more than $1,000, imprisoned not more than 180 days, or both.

(2) A person who violates subsection (b) of this section and the minor causes injury or death to himself or another shall be fined not more than $5,000, imprisoned not more than 5 years, or both.

(3) The provisions of paragraphs (1) and (2) of this subsection shall not apply if the minor obtains the firearm as a result of an unlawful entry or burglary to any premises by any person.

(c-1) The provisions of § 7-2507.06 shall not apply to this section.

(d) For the purposes of this section, the term “minor” shall mean a person under the age of 18 years.

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§ 7–2507.03. Firing ranges.

Any person operating a firing range in the District, shall in addition to any other requirement imposed by law, register with the Chief, on a form prescribed by him, which shall include the business name of the range, the location, the names and home addresses of the owners and principal officers, the types of weapons fired there, the number and types of weapons normally stored there, the days and hours of operation, and such other information as the Chief shall require.

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§ 7–2507.04. False information; forgery or alteration.

(a) It shall be unlawful for any person purchasing any firearm or ammunition, or applying for any registration certificate or dealer’s license under this unit, or in giving any information pursuant to the requirements of this unit, to knowingly give false information or offer false evidence of identity.

(b) It shall be unlawful for anyone to forge or alter any application, registration certificate, or dealer’s license submitted, retained or issued under this unit.

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§ 7–2507.05. Voluntary surrender of firearms, destructive devices, or ammunition; immunity from prosecution; determination of evidentiary value of firearm.

(a)(1) If a person or organization within the District voluntarily and peaceably delivers and abandons to the Chief any firearm, destructive device, or ammunition at any time, such delivery shall preclude the arrest and prosecution of such person on a charge of violating any provision of this unit, with respect to the firearm, destructive device, or ammunition delivered and abandoned.

(2) Delivery and abandonment under this section may be made at any police district, station, or central headquarters, or by summoning a police officer to the person's residence or place of business.

(3) Every firearm to be delivered and abandoned to the Chief under this section shall be transported in accordance with § 22-4504.02.

(4) No person who delivers and abandons a firearm, destructive device, or ammunition under this section shall be required to furnish identification, photographs, or fingerprints.

(5) No amount of money shall be paid for any firearm, destructive device, or ammunition delivered and abandoned under this section.

(b) Whenever any firearm, destructive device, or any ammunition is surrendered under this section, § 7-2502.10(c)(1), or § 7-2510.09(c), the Chief shall inquire of the United States Attorney's Office and the Office of Attorney General whether such firearm is needed as evidence; provided, that if the same is not needed as evidence, it shall be destroyed.

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§ 7–2507.06. Penalties.

*NOTE: This section includes amendments by emergency legislation that will expire on June 9, 2024. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version.*

(a) Except as provided in §§ 7-2502.05, 7-2502.08, 7-2507.02, 7-2508.07, subchapter IX of this chapter, and 7-2510.11, any person convicted of a violation of any provision of this unit shall be fined not more than the amount set forth in § 22-3571.01 or imprisoned for not more than 1 year, or both; except that:

(1) A person who knowingly or intentionally sells, transfers, or distributes a firearm, destructive device, or ammunition to a person under 18 years of age shall be fined not more than the amount set forth in § 22-3571.01 or imprisoned for not more than 10 years, or both.

(2)(A) Except as provided in subparagraph (B) of this paragraph, any person who is convicted a second time for possessing an unregistered firearm shall be fined not more than the amount set forth in § 22-3571.01 or imprisoned not more than 5 years, or both.

(B) A person who in the person’s dwelling place, place of business, or on other land possessed by the person, possesses a pistol, or firearm that could otherwise be registered, shall be fined not more than the amount set forth in § 22-3571.01 or imprisoned not more than 1 year, or both.

(3)(A) A person convicted of possessing more than one restricted pistol bullet in violation of § 7-2506.01(a)(3) may be sentenced to imprisonment for a term not to exceed 10 years and shall be sentenced to imprisonment for a mandatory-minimum term of not less than 1 year and shall not be released from prison or granted probation or suspension of sentence prior to serving the mandatory-minimum sentence, and, in addition, may be fined not more than the amount set forth in § 22-3571.01.

(B) Repealed.

(4) A person convicted of possessing a large capacity ammunition feeding device in violation of § 7-2506.01(b) shall be fined no more than the amount set forth in § 22-3571.01, or incarcerated for no more than 3 years, which shall be imposed consecutive to any other sentence of incarceration, or both.

(5) A person convicted of possessing a firearm with an intent to sell, offer for sale, or make available for sale, in violation of § 7-2505.01, shall be fined no more than the amount set forth in § 22-3571.01, or incarcerated for no less than 2 years nor more than 10 years, or both.

(b)(1) For the following violations of this unit, the prosecution may, in the operation of its discretion, offer an administrative disposition whereby a person may immediately resolve his or her case upon payment of a fine, in an amount set by the Board of Judges of the Superior Court of the District of Columbia; provided, that the person is not concurrently charged with another criminal offense arising from the same event, other than an offense pursuant to § 7-2502.01 or § 7-2506.01:

(A) Possession of an unregistered firearm pursuant to § 7-2502.01;

(B) Unlawful possession of ammunition (but not possession of more than one restricted pistol bullet) pursuant to § 7-2506.01;

(C) Possession of a single restricted pistol bullet pursuant to § 7-2507.06(a)(3)(B); provided, that the person did not also possess a firearm at the time of arrest;

(D) Possession of a self-defense spray in violation of § 7-2502.13; and

(E) Possession of a stun gun in violation of § 7-2502.15.

(1A) The administrative disposition provided for in this subsection shall not be available to any person who has previously been convicted of any felony in the District or elsewhere.

(2) In determining whether to offer an administrative disposition pursuant to this subsection, the prosecution, in the operation of its discretion, may consider, among other factors, whether at the time of his or her arrest, the person was a resident of the District of Columbia and whether the person had knowledge of § 7-2502.01, § 7-2506.01, or § 7-2507.06(a)(3)(B).

(3) An administrative disposition pursuant to this subsection is not a conviction of a crime and shall not be equated to a criminal conviction. The fact that a person resolved a charge through an administrative disposition pursuant to this subsection may not be relied upon by any court of the District of Columbia or any agency of the District of Columbia in any subsequent criminal, civil, or administrative proceeding or administrative action to impose any sanction, penalty, enhanced sentence, or civil disability.

(4) At the time of the prosecution’s offer of an administrative disposition, the person may elect to proceed with the criminal case in lieu of an administrative disposition.

(5) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.], may issue rules to implement the provisions of this subsection. The rules may provide procedures and criteria to be used in determining when the prosecution, in the operation of its discretion, may offer the option of an administrative disposition pursuant to this subsection.

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§ 7–2507.06a. Seizure and forfeiture of conveyances.

Any conveyance in which a person or persons transport, possess, or conceal any firearm, as that term is defined in § 7-2501.01, or in any manner use to facilitate a violation of § 7-2502.02 or § 22-4503 or § 22-4504, is subject to forfeiture pursuant to the standards and procedures set forth in D.C. Law 20-278.

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§ 7–2507.07. Public education program.

The Chief shall carry on a suitable publicity program designed to inform the citizens of the District of the provisions of this unit and the rights and obligations created by it.

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§ 7–2507.08. Construction of unit.

Nothing in this unit shall be construed, or applied to necessarily require, or excuse noncompliance with any provision of any federal law. This unit and the penalties prescribed in § 7-2507.06, for violations of this unit, shall not supersede but shall supplement all statutes of the District and the United States in which similar conduct is prohibited or regulated.

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§ 7–2507.09. Applicability of District of Columbia Administrative Procedure Act.

The provisions of the District of Columbia Administrative Procedure Act (§ 2-501 et seq.) shall apply to each proceeding, decision, or other administrative action specified in this unit, unless otherwise specifically provided.

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§ 7–2507.10. Severability.

If any provision of this unit or the application thereof to any person or circumstance is held invalid, the remainder of this unit and the application of such provision to other persons not similarly situated or to other circumstances shall not be affected thereby.

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§ 7–2507.11. Rules.

The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules to implement the provisions of this unit. The proposed rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within the 45-day review period, the proposed rules shall be deemed approved.

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Subchapter VIII. Gun Offender Registry.

§ 7–2508.01. Definitions.

For the purposes of this subchapter, the term:

(1) “Correctional facility” means any building or group of buildings and concomitant services operated as a single management unit by the Department of Corrections, or a similar federal, state, county, or local government agency, or a contractor to such an agency, for the purpose of housing and providing services to persons ordered confined pending trial or sentencing, or incarcerated following sentencing for a violation of law.

(2) “Gun offender” means a person:

(A) Convicted at any time of a gun offense in the District;

(B) Convicted at any time of a gun offense who resides in the District within the registration period established pursuant to § 7-2508.02;

(C) Who has as a mandatory condition of release a registration requirement in the District pursuant to § 7-2508.04(f).

(3) “Gun offense” means:

(A) A conviction for the sale, purchase, transfer, receipt, acquisition, possession, use, manufacture, carrying, transportation, registration, or licensing of a firearm under Chapter 45 of Title 22 [§ 22-4501 et seq.], or an attempt or conspiracy to commit any of the foregoing offenses;

(B) A conviction for violating § 7-2502.01, § 7-2504.01, § 7-2505.01, § 7-2506.01, or § 7-2509.06, or an attempt or conspiracy to commit any of those offenses;

(B-i) A conviction for a firearms-related violation of the provisions § 22-402 (assault with a dangerous weapon), § 22-2603.02 (unlawful possession of contraband), or § 22-2803(b) (carjacking); or

(C) Violations in other jurisdictions of any offense with an element that involves the violations listed in subparagraphs (A), (B), or (B-i) of this paragraph.

(4) “Resides” means to stay overnight in the District of Columbia for an aggregate period of time exceeding 30 days in any calendar year.

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§ 7–2508.02. Duty to register and to verify.

(a) A gun offender shall register with the Chief for a period of 2 years, unless a longer period is required by § 7-2508.03 or § 7-2508.07(b). The offender shall register:

(1) Within 48 hours (not including a Saturday, Sunday, legal holiday, or day on which the District of Columbia government is closed) of:

(A) Release, if the gun offender receives a sentence of imprisonment;

(B) The time sentence is imposed, if the sentence does not include imprisonment;

(C) Receipt of notice of the obligation to register, if at a time other than sentencing; or

(D) Changing the place where he or she resides, works, or attends school in the District or elsewhere;

(2) By personally appearing at an office designated by the Chief to sign a statement under oath, verified by whatever documentation may be required, that provides, to the extent it is available:

(A) The gun offender’s name, date of birth, sex, race, height, weight, and eye color;

(B) The address where the gun offender resides or expects to reside in the District;

(C) Any other legal names of the gun offender;

(D) Aliases of the gun offender;

(E) The jurisdiction and a description of the offense for which the gun offender was convicted and the date of conviction;

(F) Fingerprints of the gun offender;

(G) The identification number of the gun offender’s driver’s license or non-driver photo identification card;

(H) The name and address of any school the gun offender attends or expects to attend; and

(I) Repealed.

(b) During the period in which a gun offender is required to register under this subchapter, the gun offender shall comply with the following:

(1) Except as specified in paragraphs (2) and (3) of this subsection, no later than 20 calendar days following the one-year anniversary of the gun offender’s initial registration date, the gun offender shall personally appear at such office as the Chief may direct for the purpose of verifying the information required under subsection (a) of this section.

(2) If a gun offender required to register under this subchapter is confined to any federal, state, or local correctional facility, residential treatment center, hospital, or institution throughout the 20-day period described in paragraph (1) of this subsection, the gun offender shall personally appear as required by paragraph (1) of this subsection within 48 hours of release.

(3) If a gun offender neither resides, works, nor attends school in the District of Columbia, the gun offender shall not be required to comply with paragraph (1) or (2) of this subsection.

(4) The Chief may photograph the gun offender and require the gun offender to provide such documentation as the Chief considers acceptable to verify the information provided in subsection (a)(2) of this section.

(c) The Chief shall have the authority to maintain and operate the gun offender registry for the District, including the authority to collect and maintain gun offender information obtained pursuant to subsection (b) of this section and enter the information into appropriate record systems and databases.

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§ 7–2508.03. Registration period.

A gun offender shall comply with the registration and verification provisions required by § 7-2508.02 for a period beginning when he or she is sentenced for a gun offense and continuing until 2 years after the expiration of any time being served on probation, parole, supervised release, or conditional release, or 2 years after the gun offender is unconditionally released from a correctional facility, prison, hospital, or other place of confinement, whichever is latest. The registration period is tolled for any time the gun offender fails to register or otherwise fails to comply with the requirements of this subchapter.

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§ 7–2508.04. Certification duties of the Superior Court of the District of Columbia.

(a) Upon a defendant’s conviction for a gun offense, the Superior Court of the District of Columbia (“Court”) shall enter an order certifying that the defendant is a gun offender. The Court shall:

(1) Advise the gun offender of his or her duties under this subchapter;

(2) Order the gun offender to report to the Chief to register as required by this subchapter; and

(3) Order the gun offender to comply with the requirements of this subchapter.

(b) The Court shall provide to the Chief, and to the Court Services and Offender Supervision Agency, a copy of the certification and order, and such other records and information in its possession that will assist in the registration of the gun offender.

(c) In any case where the Court orders the release of a gun offender into the community following a period of detention, incarceration, confinement, civil commitment, or hospitalization, the Court shall provide the gun offender with a copy of the order required under subsection (a) of this section and require the gun offender to read, or have read to him or her, and sign the copy of the order.

(d)(1) For a person who has not been required to comply with the requirements of this subchapter as set forth in subsections (a) and (c) of this section, but who nevertheless qualifies and is within the period for which registration is required by this subchapter, the Court may, upon motion of the government, enter an order certifying that a person convicted of a gun offense is a gun offender and issue an order requiring the gun offender to register and to comply with the provisions of this subchapter.

(2) The certification and order shall be personally served upon the person, at which time the requirements of this subchapter shall apply, unless that person moves the Court to rescind the certification and order and the Court grants the motion.

(e) Agencies in the District of Columbia to which the probation, parole, supervised release, or conditional release of a gun offender is transferred from another jurisdiction are authorized to inform the Chief of that transfer of supervision for purposes of implementing the provisions of subsection (d) of this section.

(f) Notwithstanding the court certification requirements of this subchapter, any person convicted of a gun offense in any jurisdiction other than the District of Columbia who is ordered by competent authority in that jurisdiction to register as a gun offender in the District of Columbia shall comply with the registration and other requirements of this subchapter.

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§ 7–2508.05. Sharing of registration information; Freedom of Information Act exception.

(a) Gun offender registration information shall not be made available except as authorized under subsection (b) of this section. No gun offender registration information shall be available as a public record under § 2-532.

(b) The Chief is authorized to make gun offender registration information available to other local, state, or federal government agencies.

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§ 7–2508.06. Rules.

The Chief, pursuant to subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.], may issue rules and establish such forms as are necessary to implement the provisions of this subchapter.

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§ 7–2508.07. Penalties; mandatory release condition.

(a) Any knowing violation by a gun offender of this subchapter or of rules or regulations established pursuant to this subchapter, including knowingly failing to register, verify, or update information in the manner and within the time periods provided for in this subchapter, shall be a misdemeanor punishable by a fine of not more than $1,000, imprisonment of not more than 12 months, or both.

(b) Compliance with the requirements of this subchapter, including any rules or regulations adopted by the Chief pursuant to this subchapter, shall be a mandatory condition after the expiration of any time being served on probation, parole, supervised release, or conditional release for any gun offender convicted in the District of Columbia.

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Subchapter IX. Licenses to Carry a Pistol.

§ 7–2509.01. Definitions.

For the purposes of this subchapter, the term:

(1) “Child” means a person under 18 years of age.

(2) “Concealed pistol” means a loaded or unloaded pistol carried on or about a person entirely hidden from view of the public, or carried on or about a person in a vehicle in such a way as it is entirely hidden from view of the public.

(3) “Law enforcement officer” means a sworn member of the Metropolitan Police Department or of any other law enforcement agency operating and authorized to make arrests in the District of Columbia, and includes an MPD reserve officer, a special police officer appointed pursuant to § 5-129.02, and a campus and a university special police officer appointed pursuant to the College and University Campus Security Amendment Act of 1995, effective October 18, 1995 (D.C. Law 11-63; 6A DCMR § 1200et seq.).

et seq.

(4) “License” means a license to carry a concealed pistol issued pursuant to §  22-4506.

(5) “Licensee” means a person who has been issued a license pursuant to §  22-4506.

(6) “MPD” means the Metropolitan Police Department.

(7) “Section 6 of the Pistols and Other Dangerous Weapons Act” means §  22-4506.

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§ 7–2509.02. Application requirements.

*NOTE: This section includes amendments by temporary legislation that will expire on May 17, 2024. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version.*

(a) A person who submits an application pursuant to § 22-4506 shall certify and demonstrate to the satisfaction of the Chief that he or she:

(1) Is at least 21 years of age;

(2) Meets all of the requirements for a person registering a firearm pursuant to this unit, and has obtained a registration certificate for the pistol that the person is applying to carry concealed;

(3)(A) Does not currently suffer from a mental illness or condition that creates a substantial risk that he or she is a danger to himself or herself or others; or

(B) If he or she has suffered in the previous 5 years from a mental illness or condition that created a substantial risk that he or she was a danger to himself or herself or others, no longer suffers from a mental illness or condition that creates a substantial risk that he or she is a danger to himself or herself or others;

(4) Has completed a firearms training course or combination of courses, conducted by an instructor (or instructors) certified by the Chief, which includes at least 16 hours of training, and covers the following:

(A) Firearm safety;

(B) Firearm nomenclature;

(C) Basic principles of marksmanship;

(D) Care, cleaning, maintenance, loading, unloading, and storage of pistols;

(E) Situational awareness, conflict management, and use of deadly force;

(F) Selection of pistols and ammunition for defensive purposes; and

(G) All applicable District and federal firearms laws, including the requirements of this unit, Chapter 45 of Title 22 [§ 22-4501 et seq.], and District law pertaining to self-defense;

(5) Has completed at least 2 hours of range training, conducted by an instructor certified by the Chief, including shooting a qualification course of 50 rounds of ammunition from a maximum distance of 15 yards (45 feet); and

(6) Has complied with any procedures the Chief may establish by rule.

(b) An applicant shall satisfy the requirements of subsection (a)(4) and (a)(5) of this section with a certification from a firearms instructor that the applicant:

(1) Demonstrated satisfactory completion of the requirements of subsection (a)(4) and (a)(5) of this section; and

(2) Possesses the proper knowledge, skills, and attitude to carry a concealed pistol.

(c) An applicant may be exempt from some or all of the requirements of subsection (a)(4) and (a)(5) of this section if the applicant has submitted evidence that he or she has received firearms training in the United States military or has otherwise completed firearms training conducted by a firearms instructor that, as determined by the Chief, is equal to or greater than that required under subsection (a)(4) and (a)(5) of this section.

(d) An applicant for a license may satisfy any component of the requirements of subsection (a)(4) and (a)(5) of this section by demonstrating to the satisfaction of the Chief that the applicant has met that particular component as part of a successful application to carry a concealed pistol issued by the lawful authorities of any state or subdivision of the United States.

(e)(1) An applicant shall sign an oath or affirmation attesting to the truth of all the information required by § 22-4506 and this section.

(2) Any declaration, certificate, verification, or statement made for purposes of an application for a license to carry a concealed pistol pursuant to this unit shall be made under penalty of perjury pursuant to § 22-2402.

(f) An applicant is required to appear for an in-person interview at the MPD headquarters for purposes including verification of the applicant’s identity and verification of the information submitted as part of the application process for a license.

(g) Any person whose application has been denied may, within 15 days after the date of the notice of denial, appeal to the Office of Administrative Hearings pursuant to §  7-2509.08.

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§ 7–2509.03. Expiration and renewal of licenses.

*NOTE: This section includes amendments by temporary legislation that will expire on May 17, 2024. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version.*

(a) A license shall expire no later than 2 years after the date of issuance unless revoked by the Chief or renewed pursuant to this subchapter.

(b)(1) A license shall be eligible for renewal if:

(A) The licensee continues to meet the requirements of § 22-4506 and §  7-2509.02, except that:

(i) With regard to §  7-2509.02(a)(4), only 4 hours of such training shall be required for renewal; and

(ii) With regard to §  7-2509.02(a)(5), the licensee shall provide proof of 2 hours of range practice within the previous 12 months; and

(B) The licensee follows any procedures the Chief may establish by rule.

(2) Timely renewal shall be the responsibility of the licensee, pursuant to any procedures the Chief may establish by rule.

(c) Any person whose renewal application has been denied may, within 15 days after the date of the notice of denial, appeal to the Office of Administrative Hearings pursuant to §  7-2509.08.

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§ 7–2509.04. Duties of licensees.

(a) A licensee shall comply with all limits and conditions of the license.

(b) A licensee shall notify the Chief in writing:

(1) Immediately upon discovery of the loss, theft, or destruction of the license and include the circumstances of the loss, theft, or destruction, if known; and

(2) Within 30 days after a change in the licensee’s name or address as it appears on the license.

(c) A licensee shall have on or about his or her person each time the pistol is carried in the District:

(1) The license; and

(2) The registration certificate for the pistol being carried, issued pursuant to this unit.

(d) If a law enforcement officer initiates an investigative stop of a licensee carrying a concealed pistol pursuant to § 22-4506, the licensee, and any other licensee carrying a concealed pistol pursuant to § 22-4506 who is with the stopped licensee at the time of the investigative stop, shall:

(1) Disclose to the officer that he or she is carrying a concealed pistol;

(2) Present the license and registration certificate;

(3) Identify the location of the concealed pistol; and

(4) Comply with all lawful orders and directions from the officer, including allowing a pat down of his or her person and permitting the law enforcement officer to take possession of the pistol for so long as is necessary for the safety of the officer or the public.

(e) The duties set forth in this section are in addition to any other requirements imposed by this unit or applicable law.

(f) In addition to any other penalty provided by law, a person who violates this section shall be subject to revocation of his or her license.

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§ 7–2509.05. Revocation and suspension of licenses.

*NOTE: This section includes amendments by temporary legislation that will expire on May 17, 2024. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version.*

(a)(1) The Chief may limit or revoke a license upon a finding that the licensee no longer meets the requirements of § 22-4506 and this subchapter, or as a penalty as specified in this unit.

(2) The United States Attorney for the District of Columbia, the Attorney General for the District of Columbia, or any person may apply to the MPD at any time for limitation or revocation of a license.

(3) Any person having knowledge that a licensee no longer meets the requirements of this unit or the requirements of § 22-4506 may so notify the Chief or any other law enforcement officer who may take such action as may be appropriate.

(4) Before a limitation or revocation taking effect, the Chief shall serve a notice of intent to limit or revoke the license. The limitation or revocation shall take effect unless the licensee requests an appeal to the Office of Administrative Hearings pursuant to §  7-2509.08 no later than 15 days after the date of the notice of intent.

(b)(1) The Chief may summarily suspend or limit, without a hearing, a license, when the Chief has determined that the conduct of a licensee presents an imminent danger to the health and safety of a person or the public.

(2) At the time of the summary suspension or limitation of a license, the Chief shall provide the licensee with written notice stating the action that is being taken, the basis for the action, and the right of the licensee to request a hearing.

(3) A licensee shall have the right to request a hearing within 72 hours after service of notice of the summary suspension or limitation of the license. The Office of Administrative Hearings shall hold a hearing within 72 hours after receipt of a timely request, and shall issue a written decision within 72 hours after the hearing.

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§ 7–2509.06. Carrying a pistol while impaired.

*NOTE: This section includes amendments by emergency legislation that will expire on June 9, 2024. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version.*

(a) A licensee shall not carry a pistol while he or she is consuming alcohol.

(b) No person shall carry a pistol while impaired.

(c) Upon establishing reasonable suspicion that a licensee has been consuming drugs or alcohol, a licensee’s failure to submit to one or more field sobriety, breathalyzer, or urine tests, administered to determine whether the licensee is impaired while carrying a pistol, shall be grounds for summary suspension of the license pursuant to §  7-2509.05(b).

(d) In addition to any other penalty provided by law, any person who violates this section shall be subject to revocation of his or her license.

(e) For the purposes of this section, the term “impaired” means a person has consumed alcohol or other drug or drugs and that it has affected [the] person's behavior in a way that can be perceived or noticed.

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§ 7–2509.07. Prohibitions on carrying licensed pistols.

(a) No person holding a license shall carry a pistol in the following locations or under the following circumstances:

(1) A building or office occupied by the District of Columbia, its agencies, or instrumentalities;

(2) The building and grounds, including any adjacent parking lot, of an childcare facility, preschool, public or private elementary or secondary school; or a public or private college or university;

(3) A hospital, or an office where medical or mental health services are the primary services provided;

(4) A penal institution, secure juvenile residential facility, or halfway house;

(5) A polling place while voting is occurring;

(6) A public transportation vehicle, including the Metrorail transit system and its stations;

(7) Any premises, or portion thereof, where alcohol is served, or sold and consumed on the premises, pursuant to a license issued under Title 25; provided, that this prohibition shall not apply to premises operating under a temporary license issued pursuant to § 25-115, a C/R, D/R, C/H, D/H or caterer license issued pursuant to § 25-113, or premises with small-sample tasting permits issued pursuant to § 25-118, unless otherwise prohibited pursuant to subsection (b)(3) of this section;

(8) A stadium or arena;

(9) A gathering or special event open to the public; provided, that no licensee shall be criminally prosecuted unless:

(A) The organizer or the District has provided notice prohibiting the carrying of pistols in advance of the gathering or special event and by posted signage at the gathering or special event; or

(B) The licensee has been ordered by a law enforcement officer to leave the area of the gathering or special event and the licensee has not complied with the order;

(10) The public memorials on the National Mall and along the Tidal Basin, and any area where firearms are prohibited under federal law or by a federal agency or entity, including U.S. Capitol buildings and grounds;

(11) The White House Complex and its grounds up to and including to the curb of the adjacent sidewalks touching the roadways of the area bounded by Constitution Avenue, N.W., 15th Street, N.W., H Street, N.W., and 17th Street, N.W.;

(12) The U.S. Naval Observatory and its fence line, including the area from the perimeter of its fence up to and including to the curb of the adjacent sidewalks touching the roadway of Observatory Circle, from Calvert Street, N.W., to Massachusetts Avenue, N.W., and around Observatory Circle to the far corner of Observatory Lane;

(13)(A) When a dignitary or high-ranking official of the United States or a state, local, or foreign government is moving under the protection of the MPD, the U.S. Secret Service, the U.S. Capitol Police, or other law enforcement agency assisting or working in concert with MPD, within an area designated by the Chief, the Chief of the U.S. Secret Service, or the Chief of the U.S. Capitol Police, or a designee of any of the foregoing, that does not include any point at a distance greater than 1,000 feet from the moving dignitary or high-ranking official; provided, that no licensee shall be criminally prosecuted unless:

(i) The law enforcement agency provides notice of the designated area by the presence of signs, law enforcement vehicles or officers acting as a perimeter, or other means to make the designated area of protection obvious;

(ii) The District or federal government has provided notice prohibiting the carrying of pistols along a designated route or in a designated area in advance of the event, if possible, and by posted signage along a route or in a designated area; or

(iii) The licensee has been ordered by a law enforcement officer to leave the designated area and the licensee has not complied with the order.

(B) For the purposes of this paragraph, the term “moving” shall include any planned or unplanned stops, including temporary stops, in locations open to the public.

(14) When demonstration in a public place is occurring, within an area designated by the Chief or his or her designee, or other law enforcement agency, that does not include any point at a distance greater than 1,000 feet from the demonstration; provided, that no licensee shall be criminally prosecuted unless:

(A) The law enforcement agency provides notice of the designated area by the presence of signs, law enforcement vehicles or officers acting as a perimeter, or other means to make the designated area of the demonstration obvious;

(B) The District or federal government has provided notice prohibiting the carrying of pistols along or within a demonstration route or designated area in advance of the event, if possible, and by posted signage along a demonstration route or designated area; or

(C) The licensee has been ordered by a law enforcement officer to leave the designated area and the licensee has not complied with the order; or

(15) Any prohibited location or circumstance that the Chief determines by rule; provided, that for spontaneous circumstances, no criminal penalty shall apply unless the licensee has notice of the prohibition and has failed to comply.

(b) Except to the extent of any inconsistency with 18 U.S.C. §§ 926B and 926C, the carrying of a concealed pistol:

(1) On private residential property shall be presumed to be prohibited unless otherwise authorized by the property owner or person in control of the premises and communicated personally to the licensee in advance of entry onto the residential property;

(2) In a church, synagogue, mosque, or other place where people regularly assemble for religious worship shall be presumed to be prohibited unless the property is posted with conspicuous signage allowing the carrying of a concealed pistol, or the owner or authorized agent communicates allowance personally to the licensee in advance of entry onto the property; provided, that such places may not authorize the carrying of a concealed pistol where services are conducted in locations listed in subsection (a) of this section; and

(3) On private property that is not a residence shall be presumed to be permitted unless the property is posted with conspicuous signage prohibiting the carrying of a concealed pistol, or the owner or authorized agent communicates such prohibition personally to the licensee.

(c) Whenever a licensee carries a concealed pistol and approaches any prohibited location, or is subject to any prohibited circumstance, under subsection (a) or (b) of this section, the licensee shall:

(1) If the licensee is in a vehicle or if a vehicle is readily available, immediately secure the pistol in the manner prescribed in § 22-4504.02(b); or

(2) If the licensee does not have a vehicle available, immediately leave the prohibited location or circumstance.

(d) A licensee shall not be in violation of this section:

(1) While he or she is traveling along a public sidewalk that touches the perimeter of any of the premises where the carrying of a concealed pistol is prohibited under subsection (a) and subsection (b) of this section, except for the areas designated in subsection (a)(11) and (a)(12), or along a public street, roadway, or highway if the concealed pistol is carried on his or her person in accordance with this unit, or is being transported by the licensee in accordance with § 22-4504.02; or

(2) While driving a vehicle into and immediately parking at any location listed in subsection (a)(2) of this section for the purpose of picking up or dropping off a student or a child; provided, that the licensee shall secure the concealed pistol in accordance with § 22-4504.02(b), before leaving the parked vehicle.

(e) A licensee shall not carry a pistol openly or otherwise in a manner that is not concealed.

(f) In addition to any other penalty provided by law, any person who violates this section shall be subject to revocation of his or her license.

(g) For the purposes of this section, the term:

(1) “Demonstration” means one or more persons demonstrating, picketing, speechmaking, marching, holding a vigil, or engaging in any other similar conduct that involves the communication or expression of views or grievances and that has the effect, intent, or propensity to attract a crowd or onlookers. The term “demonstration” does not include the casual use of property by visitors or tourists that does not have the effect, intent, or propensity to attract a crowd or onlookers.

(2) “Public place” means a place to which the general public has access and a right to occupy for business, entertainment, or other lawful purpose. The term “public place” is not limited to a place devoted solely to the uses of the public, and includes:

(A) The front or immediate area or parking lot of a store, restaurant, tavern, shopping center, or other place of business;

(B) A public building, including its grounds and curtilage;

(C) A public parking lot;

(D) A public street, sidewalk, or right-of-way;

(E) A public park; and

(F) Other public grounds.

(3) “Public transportation vehicle” means any publicly owned or operated commercial vehicle, including any DC Circulator bus, DC Streetcar, MetroAccess vehicle, Metrobus, or Metrorail train.

(4) “Residence” means a building wholly or partly used or intended to be used for living and sleeping by human occupants, together with any fences, walls, sheds, garages, or other accessory buildings appurtenant to the building, and the area of land surrounding the building and actually or by legal construction forming one enclosure in which such a building is located, but does not include adjacent common areas or commercial property contained in any part of the building.

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§ 7–2509.08. Concealed pistol licensing appeals.

*NOTE: This section includes amendments by temporary legislation that will expire on May 17, 2024. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version.*

*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) The Office of Administrative Hearings shall hear 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) Repealed.

(c) Repealed.

(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) Hearings conducted pursuant to this section shall be confidential and not open to the public.

(f) Repealed.

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§ 7–2509.09. Freedom of information exception; report.

(a) Any record regarding a person who has applied for, received, or had revoked a license shall not be made available as a public record under § 2-532; provided, that aggregate data, excluding any personal identifying information, may be used for the purposes of the public report in subsection (b) of this section.

(b) Every 2 years, the MPD shall make public a report that includes the following information:

(1) The total number of valid licenses; and

(2) For the most recent 2-year period:

(A) The number of applications for a license received;

(B) The number of licenses issued;

(C) The number of licenses renewed, suspended, revoked, or denied;

(D) The number of licensees convicted of a crime involving a pistol, classified by type of crime;

(E) The number of pistols for which a license was issued that were reported lost or stolen; and

(F) The number of pistols for which a license was issued that were found or recovered as stolen that were unreported by a licensee as lost or stolen.

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§ 7–2509.10. Penalties.

(a)(1) Except as otherwise provided in this subchapter, a person convicted of a violation of a provision of this subchapter, or rules or regulations issued under the authority of this subchapter, shall be fined not more than the amount set forth in § 22-3571.01, or imprisoned for not more than 180 days.

(2) Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction of the provisions of this subchapter, or any rules or regulations issued under the authority of this subchapter.

(b) All prosecutions for violations of this subchapter shall be brought in the name of the District of Columbia and prosecuted by the Office of the Attorney General for the District of Columbia.

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§ 7–2509.11. Rules.

The Chief of the MPD, pursuant to subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.], shall issue rules to implement the provisions of D.C. Law 20-279, including rules:

(1) To establish criteria for determining when an applicant has, pursuant to section 6 of the Pistols and Other Dangerous Weapons Act [§ 22-4506]:

(A) Demonstrated a good reason to fear injury to his or her person, which shall at a minimum require a showing of a special need for self-protection distinguishable from the general community as supported by evidence of specific threats or previous attacks that demonstrate a special danger to the applicant’s life;

(B) Demonstrated any other proper reason for carrying a concealed pistol, which shall at a minimum include types of employment that require the handling of cash or other valuable objects that may be transported upon the applicant’s person; and

(C) Demonstrated the applicant’s suitability to carry a concealed pistol, which shall at a minimum include evidence that the applicant meets the requirements of § 7-2509.02;

(2) To establish the type and amount of ammunition that may be carried concealed by a licensee;

(3) To establish the methods by which a pistol may be carried, including any standards for safe holstering;

(4) To establish all application forms, investigation procedures, background checks, and fees necessary to process an application for a license to carry a concealed pistol;

(5) To specify any procedures or requirements specific to non-residents who apply to carry a concealed pistol pursuant to § 22-4506, with regard to the registration requirements in this unit;

(6) To specify requirements for signage on any private premises where the owner or person in control of the premises prohibits the carrying of a concealed pistol pursuant to § 7-2509.07(b); and

(7) To establish procedures for the renewal of licenses.

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Subchapter X. Extreme Risk Protection Orders.

§ 7–2510.01. Definitions.

*NOTE: This section includes amendments by emergency legislation that will expire on June 9, 2024. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version.*

For the purposes of this subchapter, the term:

(1) "Extreme risk protection order" means an order issued, pursuant to this subchapter, by a judge of the Superior Court of the District of Columbia prohibiting a respondent from having possession or control of, purchasing, or receiving any firearm, ammunition, registration certificate, license to carry a concealed pistol, or dealer's license.

(2) "Petitioner" means a person who petitions the Superior Court of the District of Columbia for an extreme risk protection order under this subchapter and is:

(A) Related to the respondent by blood, adoption, guardianship, marriage, domestic partnership, having a child in common, cohabitating, or is someone with whom the Respondent is, was, or is seeking to be in a romantic, dating, or sexual relationship;

(B) Any sworn member of a law enforcement agency operating in the District of Columbia; or

(C) A mental health professional, as that term is defined in § 7-1201.01(11).

(3) "Respondent" means a person against whom an extreme risk protection order is sought.

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§ 7–2510.02. Petitions for extreme risk protection orders.

(a) A petitioner may petition the Superior Court for the District of Columbia for a final extreme risk protection order. A petition filed under this section shall:

(1) Be in writing;

(2) State facts in support of the claim that the respondent poses a significant danger of causing bodily injury to self or others by having possession or control of, purchasing, or receiving any firearm or ammunition;

(3) To the best of the petitioner's knowledge, identify the number, types, and locations of any firearms or ammunition the petitioner believes to be in the respondent's possession, control, or ownership; and

(4) Repealed.

(5) Be served on the Office of the Attorney General.

(b) A petitioner may file a petition under this section regardless of whether there is any other pending suit, complaint, petition, or other action between the parties.

(c)(1) The Office of the Attorney General may:

(A) Intervene in the case and represent the interests of the District of Columbia; or

(B) At the request of the petitioner, provide individual legal representation to the petitioner in proceedings under this subchapter.

(2) If the Office of the Attorney General intervenes in a case under paragraph (1)(A) of this subsection, the intervention shall continue until:

(A) The court denies the petition for a final extreme risk protection order pursuant to § 7-2510.03;

(B) The court terminates a final extreme risk protection order pursuant to § 7-2510.08; or

(C) The Office of the Attorney General withdraws from the intervention.

(d) The court may place any record or part of a proceeding related to the issuance, renewal, or termination of an extreme risk protection order under seal for good cause shown.

(e) When computing a time period specified in this subchapter, or in an order issued under this subchapter:

(1) Stated in days or a longer unit of time:

(A) Exclude the day of the event that triggers the time period;

(B) Count every day, including intermediate Saturdays, Sundays and legal holidays; and

(C) Include the last day of the time period, but if the last day of the time period specified falls on a Saturday, Sunday, a legal holiday, or a day on which weather or other conditions cause the court to be closed, the time period specified shall continue to run until the end of the next day that is not a Saturday, Sunday, legal holiday, or a day on which weather or other conditions cause the court to be closed.

(2) Stated in hours:

(A) Begin counting immediately on the occurrence of the event that triggers the time period;

(B) Count every hour, including hours during intermediate Saturdays, Sundays, and legal holidays; and

(C) If the time period would end on a Saturday, Sunday, legal holiday, or a day on which weather or other conditions cause the court to be closed, the time period shall continue to run until the same time on the next day that is not a Saturday, Sunday, legal holiday, or a day on which weather or other conditions cause the court to be closed.

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§ 7–2510.03. Final extreme risk protection orders.

*NOTE: This section includes amendments by emergency legislation that will expire on June 9, 2024. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version.*

(a)(1) Upon receipt of a petition filed pursuant § 7-2510.02, the court shall order that a hearing be held to determine whether to issue a final extreme risk protection order against the respondent.

(2) The initial hearing shall be held within 14 days after the date the petition was filed.

(b)(1) Personal service of the notice of hearing and petition shall be made upon the respondent prior to the hearing.

(2) If the respondent is unable to be personally served, the court shall set a new hearing date and require additional attempts to accomplish personal service.

(3) If the respondent is unable to be personally served after the court has set a new hearing date and required new attempts at service pursuant to paragraph (2) of this subsection, the court may dismiss the petition without prejudice.

(c) If the court issues an ex parte extreme risk protection order pursuant to § 7-2510.04, the ex parte extreme risk protection order shall be served concurrently with the notice of hearing and petition described in subsection (b)(1) of this section.

(d) Upon receipt of a petition filed under § 7-2510.02, and for good cause shown, the court shall issue such orders as may be necessary to obtain any mental health records and other information relevant for the purposes of the petition. The order shall require the disclosure of records to the Office of the Attorney General so that it can conduct a search of the respondent's mental health records and report its findings to the court as required by this subsection. Before the hearing for a final extreme risk protection order, the court shall order that the Office of the Attorney General:

(1) Conduct a reasonable search of all available records to determine whether the respondent owns any firearms or ammunition;

(2) Conduct a reasonable search of all available records of the respondent's mental health;

(3) Perform a national criminal history and firearms eligibility background check on the respondent; and

(4) Submit its findings under this subsection to the court.

(e) In determining whether to issue a final extreme risk protection order pursuant to this section, the court shall consider any exhibits, affidavits, supporting documents, and all other relevant evidence, including:

(1) Any history or pattern of threats of violence, or acts of violence, by the respondent directed toward themselves or others;

(2) Any recent threats of violence, or acts of violence, by the respondent directed toward themselves or others;

(3) The respondent's acquisition of any firearms, ammunition, or other deadly or dangerous weapons within one year before the filing of the petition;

(4) The unlawful or reckless use, display, or brandishing of a firearm or other weapon by the respondent;

(5) Respondent's criminal history;

(6) Respondent's violation of a court order;

(7) Evidence of the respondent experiencing a mental health crisis, or other dangerous mental health issues; and

(8) Respondent's use of a controlled substance, as that term is defined in § 48-901.02(4).

(f) The court shall, before issuing a final extreme risk protection order, examine any witnesses under oath.

(g) The court shall issue a final extreme risk protection order if the petitioner establishes by a preponderance of the evidence that the respondent poses a significant danger of causing bodily injury to self or others by having possession or control of, purchasing, or receiving any firearm or ammunition.

(h) A final extreme risk protection order issued under this section shall state:

(1) That the respondent is prohibited from having possession or control of, purchasing, or receiving any firearm, ammunition, registration certificate, license to carry a concealed pistol, or dealer's license for one year after the date and time the order was issued;

(2) The date and time the order was issued;

(3) The date and time the order will expire;

(4) The grounds upon which the order was issued;

(5) The procedures for the:

(A) Renewal of a final extreme risk protection order pursuant to § 7-2510.06;

(B) Surrender of firearms, ammunition, registration certificates, licenses to carry a concealed pistol, or dealer's licenses in the respondent's possession, control, or ownership pursuant to § 7-2510.07; and

(C) Termination of a final extreme risk protection order pursuant to § 7-2510.08; and

(6) That the respondent may seek the advice of an attorney as to any matter connected with this subchapter.

(i) A final extreme risk protection order issued pursuant to this section shall expire one year after the issuance of the order, unless the order is terminated pursuant to § 7-2510.08 before its expiration.

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§ 7–2510.04. Ex parte extreme risk protection orders.

*NOTE: This section includes amendments by emergency legislation that will expire on June 9, 2024. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version.*

(a) When filing a petition for a final extreme risk protection order, a petitioner may also request that an ex parte extreme risk protection order be issued without notice to the respondent.

(b) The court may hold a hearing on any request for an ex parte extreme risk protection order filed under this section.

(c) In determining whether to issue an ex parte extreme risk protection order pursuant to this section, the court shall consider any exhibits, affidavits, supporting documents, and all other relevant evidence, including:

(1) Any history or pattern of threats of violence, or acts of violence, by the respondent directed toward themselves or others;

(2) Any recent threats of violence, or acts of violence, by the respondent directed toward themselves or others;

(3) The respondent's acquisition of any firearms, ammunition, or other deadly or dangerous weapons within one year before the filing of the petition;

(4) The unlawful or reckless use, display, or brandishing of a firearm or other weapon by the respondent;

(5) Respondent's criminal history;

(6) Respondent's violation of a court order;

(7) Evidence of the respondent experiencing a mental health crisis, or other dangerous mental health issues; and

(8) Respondent's use of a controlled substance, as that term is defined in § 48-901.02.

(d) The court may grant a request under this section based solely on an affidavit or sworn testimony of the petitioner.

(e) The court shall issue an ex parte extreme risk protection order if the petitioner establishes that there is probable cause to believe that the respondent poses a significant danger of causing bodily injury to self or others by having possession or control of, purchasing, or receiving any firearm or ammunition.

(f) If the petitioner requests that the court issue an ex parte extreme risk protection order pursuant to this section, the court shall grant or deny the request on the same day that the request was made, unless the request is filed too late in the day to permit effective review, in which case the court shall grant or deny the request the next day the court is open.

(g) An ex parte extreme risk protection order shall state:

(1) That the respondent is prohibited from having possession or control of, purchasing, or receiving any firearm, ammunition, registration certificate, license to carry a concealed pistol, or dealer's license while the order is in effect;

(2) The date and time the order was issued;

(3) The date and time the order will expire;

(4) The grounds upon which the order was issued;

(5) The time and place of the hearing to determine whether to issue a final extreme risk protection order;

(6) That following the hearing, the court may issue a final extreme risk protection order that will be in effect for up to one year;

(7) The procedures for the surrender of firearms, ammunition, registration certificates, licenses to carry a concealed pistol, or dealer's licenses in the respondent's possession, control, or ownership pursuant to § 7-2510.07; and

(8) That the respondent may seek the advice of an attorney as to any matter connected with this subchapter, and that the attorney should be consulted promptly so that the attorney may assist the respondent in any matter connected with the ex parte extreme risk protection order.

(h) An ex parte extreme risk protection order issued pursuant to this section shall remain in effect for an initial period not to exceed 14 days. The court may extend an ex parte extreme risk protection order in additional 14-day increments for good cause shown, or for longer periods if all parties consent.

(i) The court shall terminate an ex parte extreme risk protection order in effect against the respondent at the time the court grants or denies the petition for a final extreme risk protection order.

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§ 7–2510.05. Service of extreme risk protection orders.

*NOTE: This section includes amendments by emergency legislation that will expire on June 9, 2024. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version.*

(a)(1) Except as provided in subsection (b) of this section, an extreme risk protection order issued pursuant to § 7-2510.03 or § 7-2510.04, or renewed pursuant to § 7-2510.06, shall be personally served upon the respondent by any sworn law enforcement officer, or in open court. Upon a finding of good cause, a judge may authorize personal service by a person over the age of 18 who is not a sworn law enforcement officer.

(2) The court shall submit a copy of extreme risk protection order to the Metropolitan Police Department on or before the next day after the issuance of the order for service upon the respondent. Service of an extreme risk protection order shall take precedence over the service of other documents, unless the other documents are of a similar emergency nature.

(3) If the Metropolitan Police Department cannot complete personal service upon the respondent within 7 days after receiving an order from the court under paragraph (2) of this subsection, the Metropolitan Police Department shall notify the petitioner.

(4) Within 24 hours after service, the Metropolitan Police Department shall submit proof of service to the court.

(b) If the respondent was personally served in court when the extreme risk protection order was issued, the requirements of subsection (a) of this section shall be waived.

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§ 7–2510.06. Renewal of final extreme risk protection orders.

*NOTE: This section includes amendments by emergency legislation that will expire on June 9, 2024. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version.*

(a) At least 120 days before the expiration of a final extreme risk protection order, the court shall send notice to the petitioner in writing of the date that the order is set to expire and advise the petitioner of the procedures for seeking a renewal of the order.

(b) A petitioner may request a renewal of a final extreme risk protection order, including an order previously renewed under this section, at any time within the 120-day period immediately preceding the expiration of the order.

(c) Personal service of the notice of hearing and request for renewal shall be made upon the respondent prior to the hearing by a person authorized to serve via personal service.

(d) In determining whether to renew an extreme risk protection order pursuant to this section, the court shall consider all relevant evidence, including:

(1) Any history or pattern of threats of violence, or acts of violence, by the respondent directed toward themselves or others;

(2) Any recent threats of violence, or acts of violence, by the respondent directed toward themselves or others;

(3) The respondent's acquisition of any firearms, ammunition, or other deadly or dangerous weapons within one year before the filing of the petition;

(4) The unlawful or reckless use, display, or brandishing of a firearm or other weapon by the respondent;

(5) Respondent's criminal history;

(6) Respondent's violation of a court order;

(7) Evidence of the respondent experiencing a mental health crisis, or other dangerous mental health issues; and

(8) Respondent's use of a controlled substance, as that term is defined in § 48-901.02.

(e) The court shall, before renewing a final extreme risk protection order, examine any witnesses under oath.

(f) The court shall, after notice and a hearing, renew a final extreme risk protection order if the court finds, by a preponderance of the evidence, that the respondent continues to pose a significant danger of causing bodily injury to self or others by having possession or control of, purchasing, or receiving any firearm or ammunition.

(g) A final extreme risk protection order renewed pursuant to this section, shall state:

(1) That the respondent is prohibited from having possession or control of, purchasing, or receiving any firearm, ammunition, registration certificate, license to carry a concealed pistol, or dealer's license for one year after the date and time the order was renewed;

(2) The date and time the order was renewed;

(3) The date and time the order will expire;

(4) The grounds upon which the order was renewed;

(5) The procedures for the:

(A) Renewal of a final extreme risk protection order pursuant to this section;

(B) Surrender of firearms, ammunition, registration certificates, licenses to carry a concealed pistol, or dealer's licenses in the respondent's possession, control, or ownership pursuant to § 7-2510.07; and

(C) Termination of a final extreme risk protection order pursuant to § 7-2510.08; and

(6) That the petitioner may seek the advice of an attorney as to any matter connected with this subchapter.

(h) An extreme risk protection order renewed pursuant to this section shall expire one year after the issuance of the order, unless that order is terminated pursuant to § 7-2510.08 before its expiration.

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§ 7–2510.07. Surrender of firearms, ammunition, registration certificates, licenses to carry a concealed pistol, and dealer's licenses.

(a) Repealed.

(b) A Metropolitan Police Department officer serving an extreme risk protection order shall:

(1) Request that all firearms, ammunition, registration certificates, licenses to carry a concealed pistol, and dealer's licenses be immediately surrendered; and

(2) Take possession of all firearms, ammunition, registration certificates, licenses to carry a concealed pistol, and dealer's licenses in the respondent's possession, control, or ownership that are surrendered or discovered pursuant to a lawful search.

(c)(1) At the time of surrender or removal, the Metropolitan Police Department officer taking possession of a firearm, ammunition, registration certificate, license to carry a concealed pistol, or dealer's license pursuant to an extreme risk protection order shall make a record identifying all firearms, ammunition, registration certificates, licenses to carry a concealed pistol, and dealer's licenses that have been surrendered or removed and provide a receipt to the respondent.

(2) Within 72 hours after serving an extreme risk protection order, the officer shall file a copy of the receipt provided to the respondent pursuant to paragraph (1) of this subsection with the court and the Chief of Police.

(d) If a person other than the respondent claims title to any firearm or ammunition surrendered or removed pursuant to this section, and he or she is determined by the Metropolitan Police Department to be the lawful owner of the firearm or ammunition, the firearm or ammunition shall be returned to him or her; provided, that the firearm or ammunition is removed from the respondent's possession or control, and the lawful owner agrees to store the firearm or ammunition in a manner such that the respondent does not have possession or control of the firearm or ammunition.

(e) The Metropolitan Police Department may charge the respondent a fee not to exceed the actual costs incurred by the Metropolitan Police Department for storing any firearms or ammunition surrendered or removed pursuant to this section for the duration of the extreme risk protection order, including a renewal of the extreme risk protection order, and up to 6 months after the date the order expires or is terminated.

(f)(1) If a respondent peaceably surrenders any firearms or ammunition pursuant to this section, such surrender shall preclude the arrest and prosecution of the respondent for violating, with respect to the firearms or ammunition surrendered:

(A) Section 7-2506.01; and

(B) Sections 22-4503 and 22-4504(a) and (a-1).

(2) The surrender of any firearm or ammunition pursuant to this section shall not constitute a voluntary surrender for the purposes of § 7-2507.05.

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§ 7–2510.07a. Nature and issuance of search warrants.

(a) If the court issues a final extreme risk protection order pursuant to § 7-2510.03, issues an ex parte extreme risk protection order pursuant to § 7-2510.04, or renews a final extreme risk protection order pursuant to § 7-2510.06, the court may issue an accompanying search warrant. The search warrant may authorize a search to be conducted anywhere in the District of Columbia and shall be executed pursuant to its terms.

(b) A search warrant issued under this section may direct a search of any or all of the following:

(1) One or more designated or described places or premises;

(2) One or more designated or described vehicles;

(3) One or more designated or described physical objects; or

(4) The respondent.

(c) The search warrant shall authorize the search for, and seizure of, any firearms, ammunition, registration certificates, licenses to carry a concealed pistol, or dealer's licenses that the respondent is prohibited from having possession or control of, purchasing, or receiving pursuant to the terms of an extreme risk protection order issued or renewed under this subchapter.

(d) A search warrant issued under this section may be addressed to a specific law enforcement officer or to any classification of officers of the Metropolitan Police Department of the District of Columbia or other agency authorized to make arrests or execute process in the District of Columbia.

(e) A search warrant issued under this section shall contain:

(1) The name of the issuing court, the name and signature of the issuing judge, and the date of issuance;

(2) If the search warrant is addressed to a specific officer, the name of that officer, otherwise, the classifications of officers to whom the warrant is addressed;

(3) A designation of the premises, vehicles, objects, or persons to be searched, sufficient for certainty of identification;

(4) A description of the property whose seizure is the object of the search warrant;

(5) A direction that the search warrant be executed between 6 a.m. and 9:00 p.m. or, where the court has found cause therefor, including one of the grounds set forth in § 7-2510.07b(c), an authorization for execution at any time of day or night; and

(6) A direction that the search warrant and an inventory of any property seized pursuant thereto be returned to the court within 72 hours after its execution.

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§ 7–2510.07b. Time of execution of search warrants.

(a) A search warrant issued under § 7-2510.07a shall not be executed after the expiration of the extreme risk protection order it accompanies, or after 10 days from the date the warrant was issued, whichever is earlier.

(b) The search warrant shall be returned to the court after its execution or expiration in accordance with § 7-2510.07a(e)(6).

(c) A search warrant issued under § 7-2510.07a may be executed on any day of the week and, in the absence of express authorization in the warrant pursuant to subsection (c) of this section, shall be executed only between 6 a.m. and 9:00 p.m.

(d) If the court finds that there is probable cause to believe that the search warrant cannot be executed between 6 a.m. and 9:00 p.m., the property sought is likely to be removed or destroyed if not seized forthwith, or the property sought is not likely to be found except at certain times or in certain circumstances, the court may include in the search warrant an authorization for execution at any time of day or night.

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§ 7–2510.07c. Execution of search warrants.

(a) An officer executing a search warrant issued under § 7-2510.07a directing a search of a dwelling house or other building or a vehicle shall execute that search warrant in accordance with 18 U.S.C. § 3109.

(b) An officer executing a search warrant issued under § 7-2510.07a directing a search of a person shall give, or make reasonable effort to give, notice of his identity and purpose to the person, and, if such person thereafter resists or refuses to permit the search, such person shall be subject to arrest by such officer pursuant to § 23-581(a) for violation of § 22-405.01, or other applicable provision of law.

(c)(1) An officer or agent executing a search warrant issued under § 7-2510.07a shall write and subscribe an inventory setting forth the time of the execution of the search warrant and the property seized under it.

(2) If the search is of a person, a copy of the search warrant and of the return shall be given to that person.

(3) If the search is of a place, vehicle, or object, a copy of the search warrant and of the return shall be given to the owner thereof or, if the owner is not present, to an occupant, custodian, or other person present. If no person is present, the officer shall post a copy of the warrant and of the return upon the premises, vehicle, or object searched.

(d) A copy of the search warrant shall be filed with the court on the next court day after its execution, together with a copy of the return.

(e) An officer executing a search warrant issued under § 7-2510.07a directing a search of premises or a vehicle may search any person therein to the extent reasonably necessary to:

(1) Protect himself or others from the use of any weapon which may be concealed upon the person; or

(2) Find property enumerated in the warrant which may be concealed upon the person.

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§ 7–2510.07d. Disposition of property.

(a) A law enforcement officer or a designated civilian employee of the Metropolitan Police Department who seizes property in the execution of a search warrant issued under § 7-2510.07a shall cause it to be safely kept until the property is returned to:

(1) The respondent, upon the expiration of the extreme risk protection order that the search warrant accompanied; or

(2) A lawful owner, other than the respondent, claiming title to the property pursuant to § 7-2510.07(d).

(b) Nothing in subsection (a) of this section shall be construed to require the Metropolitan Police Department to release property seized pursuant to a warrant to a person who did not legally possess the property at the time it was taken.

(c) No property seized shall be released or destroyed except in accordance with law and upon order of a court or of the United States Attorney for the District of Columbia or the Office of the Attorney General.

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§ 7–2510.08. Termination of extreme risk protection orders.

(a) Any respondent against whom a final extreme risk protection order, including a renewal of the extreme risk protection order, was issued may, on one occasion during the one-year period the order is in effect, submit a written motion to the Superior Court for the District of Columbia requesting that the order be terminated.

(b) Upon receipt of the motion for termination, the court shall set a date for a hearing, and notice of the request shall be served on the petitioner. The hearing shall occur at least 14 days after the date of service of the motion upon the petitioner.

(c) In determining whether terminate a final extreme risk protection order pursuant to this section, the court shall consider all relevant evidence, including:

(1) Any history or pattern of threats of violence, or acts of violence, by the respondent directed toward themselves or others;

(2) Any recent threats of violence, or acts of violence, by the respondent directed toward themselves or others;

(3) The respondent's acquisition of any firearms, ammunition, or other deadly or dangerous weapons within one year before the filing of the petition;

(4) The unlawful or reckless use, display, or brandishing of a firearm or other weapon by the respondent;

(5) Respondent's criminal history;

(6) Respondent's violation of a court order;

(7) Evidence of the respondent experiencing a mental health crisis, or other dangerous mental health issues; and

(8) Respondent's use of a controlled substance, as that term is defined in § 48-901.02.

(d) The court shall, before terminating a final extreme risk protection order, examine any witnesses under oath.

(e) The court shall terminate a final extreme risk protection order if the respondent establishes by a preponderance of the evidence that the respondent does not pose a significant danger of causing bodily injury to self or others by having possession or control of, purchasing, or receiving any firearm or ammunition.

(f)(1) If the court grants a motion to terminate pursuant to this section, notice of the termination shall be personally served upon the petitioner and respondent by a sworn member of the Metropolitan Police Department and sent to the petitioner by electronic mail.

(1A) If the petitioner or respondent was personally served in court when the motion to terminate an extreme risk protection order was granted, the personal service requirement of paragraph (1) of this subsection shall be waived with respect to the party served in court.

(2) The court shall submit a copy of the order issued under this section to the Metropolitan Police Department on or before the next day for service upon the petitioner. Service of a notice of termination shall take precedence over the service of other documents, unless the other documents are of a similar emergency nature.

(3) If the Metropolitan Police Department cannot complete personal service upon the petitioner within 7 days after receiving an order from the court under paragraph (2) of this subsection, the Metropolitan Police Department shall notify the court.

(4) Within 24 hours after service, the Metropolitan Police Department shall submit proof of service to the court.

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§ 7–2510.09. Return or disposal of firearms or ammunition.

(a)(1) If an extreme risk protection order is terminated, or expires and is not renewed, the Metropolitan Police Department shall notify the respondent that he or she may request the return of any firearm or ammunition surrendered or removed if that firearm or ammunition had been lawfully possessed.

(2) The Metropolitan Police Department shall return any surrendered or removed firearm or ammunition requested by a respondent only after confirming that:

(A) The respondent is eligible to own or possess the firearms and ammunition;

(B) The firearm or ammunition was lawfully possessed; and

(C) The respondent has paid any applicable fee charged against the respondent by the Metropolitan Police Department pursuant to subsection 1007(e).

(b)(1) If a respondent who lawfully possessed a firearm or ammunition does not wish to have the firearm or ammunition returned, or the respondent is no longer eligible to own or possess firearms or ammunition, the respondent may sell or transfer title of the firearm or ammunition in accordance with applicable law.

(2) The Metropolitan Police Department shall transfer possession of a firearm or ammunition through a licensed firearm dealer to a purchaser or recipient, but only after the licensed firearms dealer has displayed written proof of the sale or transfer of the firearm or ammunition from the respondent to the dealer, and the Metropolitan Police Department has verified the transfer with the respondent.

(c) If the respondent does not request return of a firearm or ammunition under subsection (a) of this section, or sell or transfer a firearm or ammunition under subsection (b) of this section, within 6 months after the date the extreme risk protection order is terminated, or expires and is not renewed, the Metropolitan Police Department shall treat the firearm or ammunition as surrendered and the firearm or ammunition shall be subject to § 7-2507.05(b).

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§ 7–2510.10. Recording requirements.

(a) The Metropolitan Police Department shall:

(1) Maintain a searchable database of extreme risk protection orders issued, terminated, and renewed pursuant to this subchapter; and

(2) Make the information maintained in paragraph (1) of this subsection available to the Superior Court of the District of Columbia, the Office of the Attorney General, and any other relevant law enforcement, pretrial, corrections, or community supervision agency upon request.

(b) The Mayor, or the Mayor's designee, shall immediately submit information about extreme risk protection orders issued, renewed, or terminated pursuant to this subchapter to the National Instant Criminal Background Check System for the purposes of firearm purchaser background checks.

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§ 7–2510.11. Violation of an extreme risk protection order.

(a) A person violates an extreme risk protection order if, after receiving actual notice of being subject to an extreme risk protection order, the person knowingly has possession or control of, purchases, or receives a firearm or ammunition.

(b) A person convicted of violating an extreme risk protection order shall be:

(1) Fined no more than the amount set forth in § 22-3571.01, or incarcerated for no more than 180 days, or both; and

(2) Prohibited from having possession or control of, purchasing, or receiving a firearm or ammunition for a period of 5 years after the date of conviction.

(c) A violation of an extreme risk protection order shall not be considered a:

(1) Weapons offense; or

(2) Gun offense, as that term is defined in § 7-2508.01(3).

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§ 7–2510.12. Law enforcement to retain other authority.

Nothing in this subchapter shall be construed to affect the ability of a law enforcement officer, as that term is defined in § 7-2509.01(3), to remove firearms or ammunition from any person pursuant to other lawful authority.

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§ 7–2510.13. Extreme Risk Protection Order Implementation Working Group.

*NOTE: This section includes amendments by emergency legislation that will expire on June 9, 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 an Extreme Risk Protection Order Implementation Working Group ("Working Group"), which shall be composed of the following individuals:

(1) District government members, or their designees:

(A) The Chairperson of the Council's Committee on the Judiciary and Public Safety;

(B) The Deputy Mayor for Public Safety and Justice;

(C) The Deputy Mayor for Health and Human Services;

(D) The Attorney General for the District of Columbia;

(E) The Chief of the Metropolitan Police Department;

(F) The Gun Violence Prevention Director in the Office of the City Administrator;

(G) The Executive Director of the Office of Neighborhood Safety and Engagement;

(H) The Director of the Department of Youth Rehabilitation Services;

(I) The Chief Medical Examiner;

(J) The Director of the Department of Forensic Sciences;

(K) The Director of the Office of Victim Services and Justice Grants;

(L) The Executive Director of the Criminal Justice Coordinating Council; and

(M) The Director of the Department of Behavioral Health; and

(2) Community members and organizations, or their designees:

(A) Everytown for Gun Safety;

(B) Moms Demand Action for Gun Sense in America, D.C. Chapter;

(C) The Giffords Law Center to Prevent Gun Violence;

(D) "The Johns Hopkins Center for Gun Violence Solutions;

(E) Brady: United Against Gun Violence;

(F) The D.C. Appleseed Center for Law & Justice;

(G) The D.C. Coalition Against Domestic Violence;

(H) The D.C. Behavioral Health Association;

(I) The Council for Court Excellence;

(J) The American Foundation for Suicide Prevention, National Capital Area Chapter; and

(K) One representative from each of the District's violence interruption contractors with the Office of Neighborhood Safety and Engagement and the Office of the Attorney General's Cure the Streets program.

(b) The Working Group may also request the participation of other subject matter experts, as well as designees of the following:

(1) The Chief Judge of the Superior Court of the District of Columbia; and

(2) The United States Attorney for the District of Columbia.

(c) The Chairperson of the Council's Committee on the Judiciary and Public Safety and the Deputy Mayor for Public Safety and Justice shall serve as the co-chairs of the Working Group, and shall convene the Working Group no later than April 1, 2024.

(d) The duties of the Working Group shall include:

(1) Improving public awareness of extreme risk protection orders;

(2) Improving the coordination of District and federal agencies regarding the filing, adjudication, and execution of extreme risk protection orders;

(3) Facilitating the education of behavioral and mental health professionals about extreme risk protection orders;

(4) Advancing the development of District government policies and procedures to govern extreme risk protection orders, such as written directives of the Metropolitan Police Department; and

(5) Reviewing and incorporating best practices from other jurisdictions concerning extreme risk protection order laws, policies, and procedures.

(e) This section shall expire on April 1, 2025.

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§ 7–2510.14. Public awareness initiatives.

*NOTE: This section was added by emergency legislation that will expire on June 9, 2024.*

By September 1, 2023:

(1) The Metropolitan Police Department shall prominently display information about extreme risk protection orders, including the petition process, on its website; and

(2) The Office of the Attorney General shall develop and implement a public awareness campaign to inform residents, professionals, and District government employees about extreme risk protection orders, including the petition process.

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§ 7–2510.15. Implementation of strategic gun violence reduction strategies.

*NOTE: This section was added by emergency legislation that will expire on June 9, 2024.*

(a)(1) The Metropolitan Police Department ("MPD") shall facilitate a Law Enforcement Shooting Review no less than twice per month to review each shooting in the District that occurred since the last Law Enforcement Shooting Review, including non-fatal shootings.

(2) The purpose of the Law Enforcement Shooting Reviews shall be to identify the potential for retaliation and law enforcement or other government agency contacts or interventions with persons involved in the reviewed shootings that may help to prevent retaliatory criminal conduct, and then assign responsibilities for immediate contacts or interventions.

(3) The purpose of the Law Enforcement Shooting Review shall not be to discuss information outside the investigative file. To the extent that there is any information discussed during the Law Enforcement Shooting Review that is not already included in the investigative file, MPD shall document that information in the investigative file.

(b) The Deputy Mayor for Public Safety and Justice shall coordinate a Coordination Meeting/Intervention Services Shooting Review no less than twice per month to review each shooting in the District that occurred since the last Coordination Meeting/Intervention Services Shooting Review from a services and response perspective, in order to identify and assign government and community partners to outreach and engage those high-risk individuals implicated by the shootings.

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§ 7–2510.16. Firearm tracing data and accountability report.

*NOTE: This section was added by emergency legislation that will expire on June 9, 2024.*

By February 1 of each year, the Mayor shall submit to the Council and post on the Mayor's website a report that includes the following information, using data from the preceding calendar year:

(1) The total number of firearms recovered in the District;

(2) The location where each firearm was recovered, disaggregated by police district;

(3) The total number of ghost guns recovered in the District.;

(4) To the extent possible, the number of firearms recovered, disaggregated by, if available, manufacturer, firearm model, state or country of origin, and the last known point of sale, transfer, theft, or loss of such firearm; and

(5) To the extent possible, an analysis of purchase patterns with the available information from the firearms recovered.

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§ 7–2531.01. Definitions.

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.

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§ 7–2531.02. Liability.

(a) Any manufacturer, importer, or dealer of a firearm who can be shown by a preponderance of the evidence to have knowingly and willfully engaged in the illegal sale of a firearm shall be held strictly liable in tort, without regard to fault and without regard to either: (1) an intent to interfere with a legally protected interest; or (2) a breach of duty to exercise reasonable care, for all direct and consequential damages that arise from bodily injury or death if the bodily injury or death proximately results from the discharge of the firearm in the District of Columbia, regardless of whether or not the person operating the firearm is the original, illegal purchaser.

(b) Any individual who can be shown by a preponderance of the evidence to have knowingly and willfully engaged in the illegal sale, loan, lease, or rental of a firearm for money or anything of value shall be held strictly liable in tort, without regard to fault and without regard to either: (1) an intent to interfere with a legally protected interest; or (2) a breach of duty to exercise reasonable care, for all direct and consequential damages that arise from bodily injury or death if the bodily injury or death proximately results from the discharge of the firearm in the District of Columbia regardless of whether or not the person operating the firearm is the original, illegal purchaser.

(c) Nothing in this unit shall relieve from liability any person who commits a crime, is negligent, or who might otherwise be liable for acts committed with the firearm.

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§ 7–2531.03. Exemptions.

(a) No firearm originally distributed to a law enforcement agency or a law enforcement officer shall provide the basis for liability under this unit.

(b) No action may be brought pursuant to this unit by a person who can be shown by a preponderance of the evidence to have committed a self-inflicted injury or by a person injured by a firearm while committing a crime, attempting to commit a crime, engaged in criminal activity, or engaged in a delinquent act.

(c) No action may be brought pursuant to this unit by a person who can be shown by a preponderance of the evidence to be engaged in the sale or distribution of illegal narcotics.

(d) No action may be brought pursuant to this unit by a person who either: (1) assumed the risk of the injury that occurred; or (2) negligently contributed to the injury that occurred.

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§ 7–2531.04. Firearms Bounty Fund.

(a) There is established a fund to be known as the Firearms Bounty Fund (“Fund”) to be administered by the Metropolitan Police Department. The Fund shall be operated as a proprietary fund and shall consist of monies appropriated to the Fund, federal grants to the Fund, or private monies donated to the Fund.

(b) Disbursements from the Fund shall be used exclusively for the payment of cash rewards to persons who provide District of Columbia law enforcement agencies with tips that lead to the adjudication or conviction of:

(1) A person or entity engaged in the illegal sale, rental, lease, or loan of a firearm in exchange for money or other thing of value; or

(2) A person who has committed a crime with a firearm.

(c) The amount of each cash reward shall be determined at the discretion of the Chief of the Metropolitan Police Department and the cash reward may range up to $100,000 per tip.

(d) The Chief of the Metropolitan Police Department shall report annually to the Mayor and Council all income and expenditures of the Fund.

(e) The Mayor, by a proposed notice to the Council, may terminate the Fund if the Mayor determines that the Fund is no longer necessary to pay cash rewards.

(f) If monies exist in the Fund at the time of its termination, the monies shall be deposited in the General Fund of the District of Columbia.

(g) The proposed notice to terminate the Fund shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove by resolution within the 45-day review period, the proposed notice to terminate the Fund shall be deemed approved.

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§ 7–2551.01. Definitions.

For the purposes of this unit, the term:

(1) “Assault weapon” shall have the same meaning as provided in § 7-2501.01(3A).

(2) “Handgun” means a firearm with a barrel less than 12 inches in length at the time of manufacture.

(3) “Dealer” and “importer” shall have the same meaning as in 18 U.S.C. § 921.

(4) “Machine gun” shall have the same meaning as in paragraph (10) of § 7-2501.01.

(5) “Manufacturer” means any person in business to manufacture or assemble a firearm or ammunition for 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 officer or agent of an agency defined in paragraph (6) of this section who is authorized to use a handgun or machine gun in the course of his or her work.

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§ 7–2551.02. Liability.

Any manufacturer, importer, or dealer of an assault weapon or machine gun shall be held strictly liable in tort, without regard to fault or proof of defect, for all direct and consequential damages that arise from bodily injury or death if the bodily injury or death proximately results from the discharge of the assault weapon or machine gun in the District of Columbia.

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§ 7–2551.03. Exemptions.

(a) No assault weapon originally distributed to a law enforcement agency or a law enforcement officer shall provide the basis for liability under this unit.

(b) No action may be brought pursuant to this unit by a person injured by an assault weapon while committing a crime.

(c) This section shall not operate to limit in scope any cause of action, other than that provided by this unit, available to a person injured by an assault weapon.

(d) Any defense that is available in a strict liability action shall be available as a defense under this unit.

(e) Recovery shall not be allowed under this unit for a self-inflicted injury that results from a reckless, wanton, or willful discharge of an assault weapon.

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Unit D. Firearm tracing data and accountability report.

§ 7–2561.01. Firearm tracing data and accountability report.

*NOTE: This section was created by temporary legislation that will expire on August 29, 2024.*

(a) By January 1, 2024, the Mayor shall submit to the Council and post on its website a report that includes the following information:

(1) The total number of firearms recovered in the District;

(2) The location where each firearm was recovered, disaggregated by police district;

(3) The total number of ghost guns recovered in the District;

(4) The number of firearms recovered, disaggregated by, if available, manufacturer, firearm model, state or country of origin, and the last known point of sale, transfer, theft, or loss of such firearm; and

(5) To the extent possible, an analysis of purchase patterns with the available information from the firearms recovered.

(b) The Mayor shall begin collecting this information no later than August 4, 2023.

(c) For the purposes of this section, the term "ghost gun" shall have the same meaning as provided in § 7-2501.01(9B).

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