Information about http://dc.gov/mayor/pdf/7-14_Firearms_Control_Emergency_Amendment_Act-July14_DRAFT.pdf

Tags: amendment act, ballistics, comm, council of the district of columbia, councilmember, district of columbia, effective date, emergency basis, firearm storage, firearms control, metropolitan police department, pistol, pistols, prohibition, registrant, self defense, seq, storage requirements, subsection,
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Language: english
Created: Mon Jul 14 11:13:27 2008
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                                                                                         DRAFT
                                                                 ____________________________
                                                                 Councilmember Mendelson



                                              A BILL

                                      ___________________

                    IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
                                ___________________


To amend, on an emergency basis, the Firearms Control Regulations Act of 1975 to provide for a
      registration process for pistols for use in self-defense within the home, to authorize the
      Chief of the Metropolitan Police Department to require a ballistics identification
      procedure for registered pistols, to set a one pistol registration per person policy for a
      period of 90 days after the effective date of this act, to clarify the firearm storage
      requirements and to include an exemption from those requirements for the use of a
      firearm for self-defense in the registered owner's home, and to provide that a registered
      pistol owner shall not be required to obtain a license to carry the pistol within the
      registered pistol owner's home.

       BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this

act may be cited as the "Firearms Control Emergency Amendment Act of 2008".

       Sec. 2. The Firearms Control Regulations Act of 1975, effective September 24, 1976

(D.C. Law 1-85; D.C. Official Code § 7-2501.01 et seq.), is amended as follows:

       (a) Section 202 (D.C. Official Code § 7-2502.02) is amended as follows:

               (1) Subsection (a)(4) is amended to read as follows

       "(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



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during the employee's duty hours;

               "(B) A police officer who has retired from the Metropolitan Police Department; or

               "(C) Any person who seeks to register a pistol for use in self-defense within that

person's home.".

               (2) Subsection (b) is repealed.

               (3) A new subsection (c) is added to read as follows:

       "(c) Notwithstanding any other law, a person holding a valid registration for a pistol

registered in accordance with subsection (a)(4) of this section shall not be required to obtain a

license to carry the pistol within the person's home.".

       (b) Section 203 (D.C. Official Code § 7-2502.03) is amended by adding new subsections

(d) and (e) to read as follows:

       "(d) The Chief shall require any registered pistol to be submitted for a ballistics

identification procedure.

       "(e) The Chief shall register no more than one pistol per registrant during the first 90 days

after the effective date of the Firearms Control Emergency Amendment Act of 2008.".

       (c) Section 702 (D.C. Official Code § 7-2507.02) is amended to read as follows:

       "Sec. 702. Each registrant shall keep any firearm in his or her possession unloaded and

either disassembled or secured by a trigger lock, gun safe, or similar device, except that this

requirement shall not apply to:

               "(1) Law enforcement personnel described in section 201(b)(1);

               "(2) A firearm that is kept at the registrant's place of business and not the

registrant's home;



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               "(3) A firearm while it is being used to protect against a reasonably perceived

threat of immediate harm to a person within the registrant's home;

               "(4) A firearm while it is being used outside of the home for lawful recreational

purposes; or

               "(5) A firearm while it is being transported for a lawful purpose as expressly

authorized by District or federal statute and in accordance with the requirements of that statute.".

       Sec. 3. Fiscal impact statement.

       The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact

statement required by section 602(c)(3) of the District of Columbia Home Rule Act, approved

December 24, 1974 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(3)).

       Sec. 4. Effective date.

       This act shall take effect following approval by the Mayor (or in the event of veto by the

Mayor, action by the Council to override the veto), and shall remain in effect for no longer than

90 days, as provided for emergency acts of the Council of the District of Columbia in section

412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788;

D.C. Official Code § 1-204.12(a)).




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