District of Columbia Law …

                          District of Columbia Law
                                DC Code Ann.


                    Title 6, Chapter 23: Firearms Control

                      Subchapter I. General Provisions

6-2301. Findings and purpose. The Council of the District of Columbia finds
that in order to promote the health, safety and welfare of the people of the
District of Columbia it is necessary to:
(1) Require the registration of all firearms that are owned by private citi-
zens;
(2) Limit the types of weapons persons may lawfully possess;
(3) Ensure that only qualified persons are allowed to possess firearms;
(4) Regulate deadly weapons dealers; and
(5) Make it more difficult for firearms, destructive devices, and ammunition
to move in illicit commerce within the District of Columbia.

6-2302. Definitions. As used in this chapter the term:
(1) "Acts of Congress" means:
(A) Chapter 32 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. 236; 18 U.S.C. Ap-
pendix)); and
(C) An Act to Amend Title 18, United States Code, To Provide for Better Con-
trol 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, percus-
sion 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 rimfire or conventional center-
fire fixed ammunition; or
(ii) Uses rimfire or conventional ammunition which is no longer manufactured
in the United States and which is not readily available in the ordinary chan-
nels of commercial trade.
(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" means a crime of violence as defined in § 22-3201,
committed in any jurisdiction, but does not include larceny or attempted lar-
ceny.
(6) "Dealer's license" means a license to buy or sell, repair, trade, or oth-
erwise deal in firearms, destructive devices, or ammunition as provided for
in subchapter IV of this chapter.
(7) "Destructive device" means:
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(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 rede-
signed, 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, ex-
cept a shotgun;
(C) Any device containing tear gas or a chemically similar lacrimator or
sternutator by whatever name known;
(D) Any device designed or redesigned, made or remade, or readily converted
or restored, and intended to stun or disable a person by means of electric
shock;
(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.
(9) "Firearm" means any weapon which will, or is designed or redesigned, made
or remade, readily converted or restored, and 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; and/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;
or
(D) Any device used exclusively for firing explosive rivets, stud cartridges,
or similar industrial ammunition and incapable for use as a weapon.
(10) "Machinegun" means any firearm which shoots, is designed to shoot, or
can be readily converted or restored to shoot:
(a) Automatically, more than 1 shot by a single function of the trigger;
(B) Semi-automatically, more than 12 shots without manual reloading.
(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.
(12) "Pistol" means any firearm originally designed to be fired by use of a
single hand.
(13) "Registration certificate" means a certificate validly issued pursuant
to this chapter evincing the registration of a firearm pursuant to this chap-
ter.
(13a) "Restricted pistol bullet" means any bullet designed for use in a pis-
tol which, when fired from a pistol with a barrel of 5 inches or less in
length, is capable of penetrating commercially available body armor with a
penetration resistance equal to or greater than that of 18 layers of kevlar.
(14) "Rifle" means a grooved bore firearm using a fixed metallic cartridge
with a single projectile and designed or redesigned, made or remade, and in-
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tended to be fired from the shoulder.
(15) "Sawed-off shotgun" means a shotgun having a barrel of less than 20
inches in length; or a firearm made from a shotgun if such firearm as modi-
fied has an overall length of less then 26 inches or any barrel of less than
20 inches in length.
(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 rede-
signed, 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.
(18) "Weapons offense" means any violation in any jurisdiction of any law
which involves the sale, purchase, transfer in any manner, receipt, acquisi-
tion, possession, having under control, use, repair, manufacture, carrying,
or transportation of any firearm, ammunition, or destructive device.

                   Subchapter II. Firearms and Destructive
                                   Devices

6-2311. Registration requirements.
(a) Except as otherwise provided in this chapter, 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 fire-
arm, 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; or
(2) In the discretion of the Chief of Police, to a police officer who has
retired from the Metropolitan Police Department.
(b) Subsection (a) of this shall not apply to:
(1) Any law enforcement officer or agent of the District or the United
States, or any law enforcement officer or agent of the government of any
state or subdivision thereof, or any member of the armed forces of the United
States, the National Guard or organized reserves, when such officer, agent,
or member is authorized to possess such a firearm or device while on duty in
the performance of official authorized functions;
(2) Any person holding a dealer's license: Provided, that the firearm or de-
structive 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 protec-
tion 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
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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 unloaded,
securely wrapped, and carried in open view.

6-2312. Registration of certain firearms prohibited.
(a) A registration certificate shall not be issued for a:
(1) Sawed-off shotgun;
(2) Machinegun;
(3) Short-barreled rifle;
(4) Pistol not validly registered to the current registrant in the District
prior to September 24, 1976, except that the provisions of this section shall
not apply to any organization that employs at least 1 commissioned special
police officers or other employees licensed to carry a firearm and that arms
the employee with a firearm during the employee's duty hours or to a police
officer who has retired from the Metropolitan Police Department.
(b) Nothing in this section shall prevent a police officer who has retired
from the Metropolitan Police Department from registering a pistol.

6-2313. Qualifications for registration; information required for registra-
tion.
(a) No registration certificate shall be issued to any person (and in the
case of a person between the ages of 18 and 21, to the person and his signa-
tory parent or guardian) or organization unless the Chief determines that
such person (or the president or chief executive in the case of an organiza-
tion):
(1) Is 21 years of age or older: Provided, that the Chief may issue to an
applicant between the ages of 18 and 21 years old, and who is otherwise
qualified, a registration certificate if the application is accompanied by a
notarized statement of the applicant's parent or guardian:
(A) That the applicant has the permission of his parent or guardian to own
and use the firearm to be registered; and
(B) The parent or guardian assumes civil liability for all damages resulting
fromthe 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 crime of violence, weapons offense, or of a
violation of this chapter;
(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; or
(B) A violation of § 22-507, regarding threats to do bodily harm, or § 22-
504, regarding assaults and threats, or any similar provision of the law of
any other jurisdiction so as to indicate a likelihood to make unlawful use of
a firearm;
(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
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shall not apply if such person shall present to the Chief, with the applica-
tion, a medical certification indicating that the applicant has recovered
from such insanity or alcoholic condition and is capable of safe and respon-
sible possession of a firearm;
(6) Within the 5 years immediately preceding the application, has not been
voluntarily or involuntarily committed to any mental hospital or institution:
Provided, that this paragraph shall not apply, if such person shall present
to the Chief, with the application, a medical certification that the appli-
cant has recovered from whatever malady prompted such commitment;
(7) Does not appear to suffer from a physical defect which would tend to in-
dicate 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 pistol under § 22-3203;
(10) Has not failed to demonstrate satisfactorily a knowledge of the laws of
the District of Columbia pertaining to firearms and the safe and responsible
use of the same in accordance with tests and standards prescribed by the
Chief: Provided, that once this determination is made with respect to a given
applicant for a particular type of firearm, it need not be made again for the
same applicant with respect to a subsequent application for the same type of
firearms: Provided, further, that this paragraph shall not apply with respect
to any firearm reregistered pursuant to § 6-2316; and
(11) Has vision better than or equal to that required to obtain a valid
driver's license under the laws of the District of Columbia: Provided, that
current licensure by the District of Columbia, of the applicant to drive,
shall be prima facie evidence that such applicant's vision is sufficient and:
Provided further, that this determination shall not be made with respect to
persons applying to reregistered any firearm pursuant to § 6-2316.
(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 and any business or occupation in
which the applicant has engaged during the 5-year period immediately preced-
ing the application and the addresses of such businesses or places of employ-
ment;
(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) The intended use of the firearm;
(9) The caliber, make, model, manufacturer's identification number, serial
number, and any other identifying marks on the firearm;
(10) The name and address of the person or organization from whom the firearm
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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 chapter.
(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 chapter.

6-2314. Fingerprints and photographs of applicants; application in person
required.
(a) The Chief may require any person applying for a registration certificate
to be fingerprinted if, in his judgment, this is necessary to conduct an ef-
ficient and adequate investigation into the matters described in § 6-2313 and
to effectuate the purpose of this chapter: Provided, that any person who has
been fingerprinted by the Chief within 5 years prior to submitting the appli-
cation need not, in the Chief's discretion, be fingerprinted again if he of-
fers other satisfactory proof of identity.
(b) Each applicant, other than an organization, shall submit with the appli-
cation 2 full-face photographs of himself, 1 3/4 by 1 7/8 inches in size
which shall have been taken within the 30-day period immediately preceding
the filing of the application.
(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 unloaded and securely wrapped, and carried in open view.

6-2315. 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 § 6-2313.
(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.

6-2316. Time for filing registration applications.
(a) An application for a registration certificate shall be filed (and a reg-
istration 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 person-
ally 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 certifi-
cate within 48 hours after such communication.
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(b) Any firearm validly registered under prior regulations must be registered
pursuant to this chapter in accordance with procedures to be promulgated by
the Chief. An application to register such firearm shall be filed pursuant to
this chapter within 60 days of September 24, 1976.

6-2317. Issuance of registration certificate; time period; corrections.
(a) Upon receipt of a properly executed application for registration certifi-
cate, the Chief, upon determining through inquiry, investigation, or other-
wise, that the applicant is entitled and qualified under the provisions of
this chapter, thereto, shall issue a registration certificate. Each registra-
tion certificate shall be in duplicate and bear a unique 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 cer-
tificate 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 regula-
tions, 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 applica-
tion 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 na-
ture of the error. The Chief shall correct the error, if it occurred through
administrative error. In the event the error resulted from information con-
tained 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 ac-
companied 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 organi-
zation named therein shall be required to file an amended application as pro-
vided 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 chapter.
(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 Po-
lice 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 chapter 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
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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.

6-2318. Duties of registrants. Each person and organization holding a regis-
tration certificate, in addition to any other requirements imposed by this
chapter, or the acts of Congress, shall:
(1) Notify the Chief in writing of:
(A) The loss, theft, or destruction of the registration certificate or of a
registered firearm (including the circumstances, if known) immediately upon
discovery of such loss, theft, or destruction;
(B) A change in any of the information appearing on the registration certifi-
cate or required by § 6-2313;
(C) The sale, transfer or other disposition of the firearm not less than 48
hours prior to delivery, pursuant to such sale, transfer or other disposi-
tion, including:
(i) Identification of the registrant, the firearm and the serial number of
the registration certificate;
(ii) The name, residence, and business address and date of birth of the per-
son to whom the firearm has been sold or transferred; and
(iii) Whether the firearm was sold or how it was otherwise transferred or
disposed of.
(2) Return to the Chief, the registration certificate for any firearm which
is lost, stolen, destroyed, or otherwise transferred or disposed of, at the
time he notifies the Chief of such loss, theft, destruction, sale, transfer,
or other disposition.
(3) Have in his possession, whenever in possession of a firearm, the regis-
tration certificate of such firearm, and exhibit the same upon the demand of
a member of the Metropolitan Police Department, or other law enforcement of-
ficer.

6-2319. Revocation of registration certificate. A registration certificate
shall be revoked if:
(1) Any of the criteria in § 6-2313 are not currently met;
(2) The registered firearm has become an unregisterable firearm under the
terms of § 6-2312, or a destructive device;
(3) The information furnished to the Chief on the application for a registra-
tion certificate proves to be intentionally false; or
(4) There is a violation or omission of the duties, obligations or require-
ments imposed by § 6-2318.

6-2320. Procedure for denial and revocation of registration certificate.
[* * * Contact the police department.] * * * *

                 Subchapter III. Estates Containing Firearms

6-2331. 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 appoint-
ment or qualification, whichever is earlier.
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(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 chapter upon the decedent,
if the decedent were still alive: Provided, that such executor or administra-
tor shall not be liable to the criminal penalties of § 6-2376.

               Subchapter IV. Licensing of Firearms Businesses

6-2341. Manufacture of firearms, destructive devices or ammunition prohib-
ited; requirement for dealer's license.
(a) No person or organization shall manufacture any firearm, destructive de-
vice or parts thereof, or ammunition, within the District: Provided, that
persons holding registration certificates may engage in hand loading, reload-
ing, or custom loading ammunition for his registered firearms: Provided fur-
ther, that such person may not hand load, reload, or custom load ammunition
for others.
(b) No person or organization shall engage in the business of selling, pur-
chasing, 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 § 6-2312, destructive devices, or parts therefor,
except pursuant to a valid work or purchase order, for those persons speci-
fied in § 6-2311(b)(1).

6-2342. Qualifications for dealer's license; application; fee.
(a) Any person eligible to register a firearm under this chapter and who, if
a registrant, has not previously failed to perform any of the duties imposed
by this chapter; and, any person eligible under the acts of Congress to en-
gage 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 chapter, 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 § 6-2313(a);
(2) The address where the applicant conducts or intends to conduct his busi-
ness;
(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 chapter.
(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 judg-
ment of the Mayor, reimburse the District for the cost of services provided
under this subchapter.

6-2343. 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 in-
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quiry, investigation, or otherwise, that the applicant is entitled and quali-
fied under the provisions of this chapter 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 re-
tain the original.
(b) The Chief shall approve or deny an application for a registration cer-
tificate 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 accompa-
nied 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 chapter.

6-2344. Duties of licensed dealers; records required.
(a) Each person holding a dealer's license, in addition to any other require-
ments imposed by this chapter, 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;
(B) Of a change in any of the information appearing on the dealer's license
or required by § 6-2342 immediately upon the occurrence of any such change;
(3) Keep at the premises identified in the dealer's license a true and cur-
rent record in book form of:
(A) The name, address, home phone, and date of birth of each employee han-
dling 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 de-
vices;
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(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, re-
turned 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 or-
ganization to whom sold or transferred;
(iii) If the purchaser or transferee is not a licensee, the registration cer-
tificate number of the firearm for which the ammunition was sold or trans-
ferred;
(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.
(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 sec-
tion, and any other information reasonably obtainable therefrom.

6-2345. Revocation of dealer's license. a dealer's license shall be revoked
if:
(1) Any of the criteria in § 6-2344 is not currently met; or
(2) The information furnished to the Chief on the application for a dealer's
license proves to be intentionally false; or
(3) There is a violation or omission of the duties, obligations, or require-
ments imposed by § 6-2344.

6-2346. Procedure for denial and revocation of dealer's license. [* * * Con-
tact the police department.]


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6-2348. Identification number on firearm required before sale. No licensee
shall sell or offer for sale any firearm which does not have imbedded into
the metal portion of such firearm a unique manufacturer's identification num-
ber or serial number, unless the licensee shall have imbedded into the metal
portion of such firearm a unique dealer's identification number.

6-2349. 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 subchapter shall be used as
evidence against such licensed dealer in any criminal proceeding with respect
to a violation of this chapter occurring prior to or concurrently with the
filing of such information: Provided, that this section shall not apply to
any violation of § 22-2511, or of § 6-2374.

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

6-2351. Sales and transfers prohibited. No person or organization shall sell,
transfer or otherwise dispose of any firearm, destructive device or ammuni-
tion in the District except as provided in * * * 6-2352, or 6-2375.

6-2352. 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 § 6-2312, to a licensed dealer.
(b) Any licensed dealer may sell or otherwise transfer:
(1) Ammunition, excluding restricted pistol bullets, and any firearm or de-
structive 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 restricted pistol bullets, and any firearm or de-
structive 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 § 6-2312, to any person or organization pos-
sessing 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 is-
sued, 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 sec-
tion.
(d) Except as provided in subsections (b) and (e) of this section, no li-
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censed 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 chapter) 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 ammuni-
tion 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.


                  Subchapter VII. Miscellaneous Provisions

6-2371. 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.

6-2374. 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
chapter, or in giving any information pursuant to the requirements of this
chapter, to knowingly give false information or offer false evidence of iden-
tity.
(b) It shall be unlawful for anyone to forge or alter any application, regis-
tration certificate, or dealer's license submitted, retained or issued under
this chapter. * * * *

                        Title 22, Chapter 32: Weapons

22-3201. Definitions.
(a) "Pistol," as used in this chapter, means any firearm with a barrel less
than 12 inches in length.
(b) "Sawed-off shotgun," as used in this chapter, means any shotgun with a
barrel less than 20 inches in length.
(c) "Machinegun," as used in this chapter, means any firearm which shoots
automatically or semi-automatically more than 12 shots without reloading.
(d) "Person," as used in this chapter, includes individual, firm, associa-
tion, or corporation.
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(e) "Sell" and "purchase" and the various derivatives of such words, as used
in this chapter, shall be construed to include letting on hire, giving, lend-
ing, borrowing, and otherwise transferring.

22-3203. Unlawful possession of a pistol. (a) No person shall own or keep a
pistol, or have a pistol in his possession or under his control within the
District of Columbia, if
(1) He is a drug addict;
(2) He has been convicted in the District of Columbia or elsewhere of a
felony;
(3) He has been convicted of violating section 22-2701, section 22-2722, or
sections 22-3302 to 22-3306; or
(4) He is not licensed under section 22-3210 to sell weapons, and he has been
convicted of violating sections 22-3201 to 22-3215.
(b) No person shall keep a pistol for, or intentionally make a pistol avail-
able to, such a person, knowing that he has been so convicted or that he is a
drug addict. * * * *

22-3207. Certain sales of pistols prohibited. No person shall within the Dis-
trict of Columbia sell any pistol to a person who he has reasonable cause to
believe is not of sound mind, or is forbidden by section 22-3203 to possess a
pistol, or, except when the relation of parent and child or guardian and ward
exists, is under the age of twenty-one years.

22-3208. Transfers of firearms regulated. No seller shall within the District
of Columbia deliver a pistol to the purchaser thereof until forty-eight hours
shall have elapsed from the time of the application for the purchase thereof,
except in the case of sales to marshals, sheriffs, prison or jail wardens or
their deputies, policemen, or other duly appointed law-enforcement officers,
and, when delivered, said pistol shall be securely wrapped and shall be un-
loaded. At the time of applying for the purchase of a pistol the purchaser
shall sign in duplicate and deliver to the seller a statement [contact local
authorities for required contents] * * * No machinegun, sawed-off shotgun, or
blackjack shall be sold to any person other than the persons designated in
section 22-3214 as entitled to possess the same, and then only after permis-
sion to make such sale has been obtained from the chief of police of the Dis-
trict of Columbia. This section shall not apply to sales at wholesale to li-
censed dealers.

22-3209. Dealers of weapons to be licensed. No retail dealer shall within the
District of Columbia sell or expose for sale or have in his possession with
intent to sell any pistol, machinegun, sawed-off shotgun, * * * without being
licensed as provided in section 22-3210. No wholesale dealer shall, within
the District of Columbia, sell, or have in his possession with intent to sell
to any person other than a licensed dealer, any pistol, machinegun, sawed-off
shotgun * * *.

22-3210. Licenses of weapons dealers; records; by whom granted; conditions.
The Mayor of the District of Columbia may, in his discretion, grant licenses
and may prescribe the form thereof, effective for not more than 1 year from
date of issue, permitting the licensee to sell pistols, machineguns, sawed-
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off shotguns * * * at retail within the District of Columbia subject to the
following conditions in addition to those specified in § 22-3209, for breach
of any of which the license shall be subject to forfeiture and the licensee
subject to punishment as provided in this chapter:
(1) The business shall be carried on only in the building designated in the
license;
(2) The license or a copy thereof, certified by the issuing authority, shall
be displayed on the premises where it can be easily read;
(3) No pistol shall be sold:
(A) If the seller has reasonable cause to believe that the purchaser is not
of sound mind or is forbidden by § 22-3203 to possess a pistol or is under
the age of 21 years; and
(B) Unless the purchaser is personally known to the seller or shall present
clear evidence of identity. No machinegun, sawed-off shotgun * * * shall be
sold to any person other than the persons designated in § 22-3214 as entitled
to possess the same, and then only after permission to make such sale has
been obtained from the Chief of Police of the District of Columbia.
(4) A true record shall be made in a book kept for the purpose, the form of
which may be prescribed by the Mayor, of all pistols, machineguns, and sawed-
off shotguns in the possession of the licensee, which said record shall con-
tain the date of purchase, the caliber, make, model, and manufacturer's num-
ber of the weapon, to which shall be added, when sold, the date of sale;
(5) A true record in duplicate shall be made of every pistol, machinegun,
sawed-off shotgun * * * sold, said record to be made in a book kept for the
purpose, the form of which may be prescribed by the Mayor of the District of
Columbia and shall be personally signed by the purchaser and by the person
effecting the sale, each in the presence of the other and shall contain the
date of sale, the name, address, occupation, color, and place of birth of the
purchaser, and, so far as applicable, the caliber, make, model, and
manufacturer's number of the weapon, and a statement by the purchaser that he
is not forbidden by § 22- 3203 to possess a pistol. One copy of said record
shall, within 7 days, be forwarded by mail to the Chief of Police of the Dis-
trict of Columbia and the other copy retained by the seller for 6 years;
(6) No pistol or imitation or placard advertising the sale thereof shall be
displayed in any part of said premises where it can readily be seen from the
outside. No license to sell at retail shall be granted to anyone except as
provided in this section.

22-3211. False information in purchase of weapons prohibited. No person
shall, in purchasing a pistol or in applying for a license to carry the same,
or in purchasing a machinegun, sawed-off shotgun * * * within the District of
Columbia, give false information or offer false evidence of his identity.

22-3212. Alteration of identifying marks of weapons prohibited. No person
shall within the District of Columbia change, alter, remove, or obliterate
the name of the maker, model, manufacturer's number, or other mark or identi-
fication on any pistol, machinegun, or sawed-off shotgun. Possession of any
pistol, machinegun, or sawed-off shotgun upon which any such mark shall have
been changed, altered, removed, or obliterated shall be prima facie evidence
that the possessor has changed, altered, removed, or obliterated the same
within the District of Columbia: Provided, however, that nothing contained in
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this section shall apply to any officer or agent of any of the departments of
the United States or of the District of Columbia engaged in experimental
work.

22-3213. Exceptions. Except as provided in * * * § 22-3214(b), this chapter
shall not apply to toy or antique pistols unsuitable for use as firearms.

22-3214. Possession of certain dangerous weapons prohibited - Exceptions.
(a) No person shall within the District of Columbia possess any machinegun,
sawed-off shotgun, * * * nor any instrument, attachment, or appliance for
causing the firing of any firearm to be silent or intended to lessen or
muffle the noise of the firing of any firearms: Provided, however, that ma-
chineguns, or sawed-off shotguns, * * * may be possessed by the members of
the Army, Navy, Air Force or Marine Corps of the United States, the National
Guard, or Organized Reserves when on duty, the United States Postal Service
or its employees when on duty, marshals, sheriffs, prison or jail wardens, or
their deputies, policemen, or other duly-appointed law-enforcement officers,
officers or employees of the United States duly authorized to carry such
weapons, banking institutions, public carriers who are engaged in the busi-
ness of transporting mail, money securities, or other valuables, wholesale
dealers and retail dealers licensed under section 22-3210.

22-3215a. Manufacture, transfer, use, possession or transportation of molotov
cocktails, or other explosives for unlawful purposes, prohibited - defini-
tions - penalties.
(a) No person shall within the District of Columbia manufacture, transfer,
use, possess, or transport a molotov cocktail. As used in this subsection,
the term "molotov cocktail" means
(1) A breakable container containing flammable liquid and having a wick or a
similar device capable of being ignited, or
(2) Any other device designed to explode or produce uncontained combustion
upon impact; but such term does not include a device lawfully and commer-
cially manufactured primarily for the purpose of illumination, construction
work, or other lawful purpose.
(b) No person shall manufacture, transfer, use, possess, or transport any
device, instrument, or object designed to explode or produce uncontained com-
bustion, with the intent that the same may be used unlawfully against any
person or property * * *.

22-3217. Dangerous articles; definition; taking and destruction * * *
(a) As used in this section, the term "dangerous article" means:
(1) Any weapon such as a pistol, machinegun, sawed-off shotgun, * * *; or
(2) Any instrument, attachment, or appliance for causing the firing of any
firearms to be silent or intended to lessen or muffle the noise of the firing
of any firearms.
(b) A dangerous article unlawfully owned, possessed, or carried is hereby
declared to be a nuisance. * * * *
(e) A person claiming a dangerous article shall be entitled to its possession
only if:
(1) He shows on satisfactory evidence that he is the owner of the dangerous
article or is the accredited representative of the owner, and that the owner-
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ship is lawful; and
(2) He shows on satisfactory evidence that at the time the dangerous article
was taken into possession by a police officer it was not unlawfully owned and
was not unlawfully possessed or carried by the claimant or with his knowledge
or consent; and
(3) The receipt of possession by him will not cause the article to be a nui-
sance. A representative is accredited if he has a power of attorney from the
owner.
(f) If a person claiming a dangerous article is entitled to its possession as
determined under subsections (d) and (e) of this section, possession of such
dangerous article shall be given to such person. If no person so claiming is
entitled to its possession as determined under subsections (d) and (e) of
this section, or if there be no claimant, such dangerous article shall be
destroyed.
(g) * * * *




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