Washington DC

Recent Developments

For significant developments in District of Columbia firearms law enacted in 2009, see LCAV's Recent Developments in State Law page.

State Law Summary

Note: In District of Columbia v. Heller, 128 S. Ct. 2783 (2008), the U.S. Supreme Court found some provisions of the District of Columbia Code unconstitutional under the Second Amendment to the U.S. Constitution. For further information, please see LCAV’s District of Columbia v. Heller Case page.

Please Note: to view the sections of the Washington DC Code provided in the text below, search for the citation using the District of Columbia Code web site.

Gun Deaths

In 2006, 134 people died from firearm-related injuries in the District of Columbia. National Center for Injury Prevention and Control, U.S. Centers for Disease Control and Prevention, WISQARS Injury Mortality Reports, 1999-2006, at http://webappa.cdc.gov/sasweb/ncipc/mortrate10_sy.html.

State Right to Bear Arms

The District of Columbia is not a state and has no constitution. The District has not adopted any statutes containing a right to "bear arms."

State Preemption

The District of Columbia has broad authority to regulate firearms. The District derives legislative powers from the Home Rule Act (D.C. Code Ann. § 1-201.01 et seq.), enacted in 1973. Section 1-303.43 incorporates an earlier grant of power (formerly § 1-321; originally § 1-227, enacted in 1906) authorizing the District Council to make and enforce laws regulating firearms and ammunition. That statute states:

The Council of the District of Columbia is hereby authorized and empowered to make, and the Mayor of the District of Columbia is hereby authorized and empowered to enforce, all such usual and reasonable police regulations…as the Council may deem necessary for the regulation of firearms, projectiles, explosives, or weapons of any kind in the District of Columbia.

In McIntosh v. Washington, 395 A.2d 744 (D.C. 1978), the District of Columbia Court of Appeals rejected a challenge to the District’s Firearms Control Regulations Act of 1975 (now § 7-2501.01 et seq.), relating to the use and sale of firearms. Appellants argued that the City Council was without authority to adopt the Act because the legislative history of section 1-147(a)(9) (now the amended § 1-206.02(a)(9)) of the Home Rule Act, requiring elected Council members to wait 24 months after taking office before enacting certain legislation, demonstrated Congress' intent to prohibit the District from adopting a comprehensive criminal regulatory scheme. The court rejected this argument, holding that the statute does not limit the District's authority to enact firearms regulations that do not conflict with existing Congressional regulation for the District. McIntosh, 395 A.2d at 753.

The court noted that the federal Gun Control Act of 1968 explicitly provides that Congress has no intent to occupy the field of gun regulation to the exclusion of state law touching on the same subject matter "unless there is a direct and positive conflict between such provision and the law of the State so that the two cannot be reconciled or consistently stand together. [Emphasis added.]" Id. Finding no "direct and positive" conflict between the District’s gun control regulations and the Home Rule Act, the court stated:

[A] parallel enactment in a given area cannot be stricken simply because it expands the scope of restrictions imposed by a parent legislative body. The Firearms Act, much like the predecessor gun control regulations upheld in Pistol Ass’n, fits within the general pattern of antecedent congressional enactments.

Id.

In Maryland & District of Columbia Rifle and Pistol Ass'n, Inc. v. Washington, 442 F.2d 123 (D.C. Cir. 1971), a case decided before enactment of the Home Rule Act, the District of Columbia Circuit of the United States Court of Appeals rejected a challenge to the District’s local police firearm regulations (D.C. Pol. Reg. Arts. 50-55, subsequently repealed and replaced by D.C. Code Ann. § 7-2501.01 et seq.). The court held that the enactment of firearm legislation for the District by the U.S. Congress did not preempt the District Council’s right to adopt additional firearms regulations pursuant to an act of 1906 authorizing the Council to make and enforce all regulations deemed necessary for the regulation of firearms. The court concluded that the existence of both Congressional and District regulation on the same subject matter was not problematic, as long as the two regulatory schemes did not conflict. The court stated:

The important consideration, we think, is not whether the legislature and municipality have both entered the same field, but whether in doing so they have clashed.  Statutory and local regulation may coexist in identical areas although the latter, not inconsistently with the former, exacts additional requirements, or imposes additional penalties.

Id. at 130 (footnotes omitted).

Please see the Preemption summary for a general discussion of this issue, as well as the Federal Preemption section of the Federal Law Summary page.

State Firearms Policies

For general information on each policy, click the heading for that policy. Please note that many firearm-related laws have exceptions for military and law enforcement personnel.

The District of Columbia defines a "pistol" as "any firearm originally designed to be fired by use of a single hand." D.C. Code Ann. § 7-2501.01(12). The term therefore refers to all handguns. To avoid confusion, the term "handgun" is used throughout this summary.

*New Legislation Alert*  See LCAV's Recent Developments in State Law page.

The District of Columbia indirectly bans the possession or control of assault weapons and assault pistols through the District’s firearm registration laws. The District handgun ban encompasses assault pistols, while the District’s machine gun ban encompasses firearms that can discharge "[s]emiautomatically, more than 12 shots without manual reloading," thereby prohibiting assault rifles. D.C. Code Ann. § 7-2501.01(10)(B).

The District requires that in order to possess or control any firearm, a person or organization must register the firearm. Section 7-2502.01(a). The District classifies handguns that were not registered prior to September 24, 1976 as unregisterable firearms. Sections 7-2502.01(a), 7-2502.02(a)(4), 7-2501.01(12) (for information about the constitutionality of this provision, see the District of Columbia Background Checks section discussion on the Parker v. Dist. of Columbia case). Furthermore, the District classifies machine guns, as well as semiautomatic assault rifles that fall under the definition of machine guns, as unregisterable firearms. Sections 7-2502.01(a), 7-2502.02(a)(2). Unregisterable firearms cannot be sold or transferred in the District. Sections 7-2505.01, 7-2505.02(a).

Pursuant to section 7-2551.02, any manufacturer, importer or dealer of an "assault weapons or machine gun" will be held strictly liable for any direct and consequential damages resulting from injuries or death caused by these weapons. That section provides:

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.

Section 7-2551.01(1) provides a list of firearms that are considered assault weapons for purposes of the strict liability law. That list includes:

• Norinco, Mitchell, and Poly Technologies Avtomat Kalashnikovs (all models);
  

• Action Arms Israeli Military Industries UZI and Galil;
  
  
• Beretta AR-70 (SC-70);
  
  
• Colt AR-15 and CAR-15;
  
  
• Fabrique Nationale FN/FAL, FN/LAR, and FNC;
  
  
• MAC 10 and MAC 11;
  
  
• Steyr AUG;
  
  
• INTRATEC TEC-9;
  
  

• Street Sweeper and Striker 12.

Section 7-2551.03 provides the following exceptions to the strict liability law:

• No assault weapon originally distributed to a law enforcement agency or a law enforcement officer shall provide the basis for liability;
  
  
• No action may be brought by a person injured by an assault weapon while committing a crime;
  
  
• The statute may not limit in scope any cause of action available to a person injured by an assault weapon;
  
  
• Any defense available in a strict liability action is available as a defense to an action brought under the District’s assault weapons strict liability laws; and
  
  
• Recovery is not allowed for a self-inflicted injury that results from a reckless, wanton, or willful discharge of an assault weapon.

*New Legislation Alert*  See LCAV's Recent Developments in State Law page.

Federal law generally requires that licensed firearms dealers conduct a background check on all prospective firearms purchasers to ensure that such persons are not prohibited from buying or possessing a firearm. This background check requirement and the National Instant Criminal Background Check System ("NICS") were enacted through the Brady Handgun Violence Prevention Act, pursuant to Public Law 103-159, and codified at 18 U.S.C. § 921 et seq. Federal law defines a number of classes of prohibited purchasers (including felons, fugitives, persons adjudicated as "mental defectives" or those committed to mental institutions), and leaves to the states the power to determine additional classes. (For a complete list of federally prohibited purchasers, click here.)

Under the Brady Act, states have the option of serving as a “state point of contact” and conducting their own background checks using NICS and state informational records and databases, or having the checks performed by the FBI using only NICS. Federal law does not require that private sellers (persons other than firearms dealers) conduct background checks on prospective purchasers. However, the District of Columbia requires background checks for private sales, as discussed below.

In the District of Columbia, all firearms transfers by licensed dealers are processed directly through the FBI, which enforces the federal purchaser prohibitions referenced above. Bureau of Justice Statistics Survey of State Procedures Related to Firearm Sales, 2005 (November 2006). The Chief of Police also performs a separate background check.

No person or organization (other than law enforcement officers, members of the military or licensed dealers) may possess or control any firearm in the District unless the person or organization holds a valid registration certificate. D.C. Code Ann. § 7-2502.01. Since 1976, the District generally has deemed handguns not registered to the current owner prior to September 24, 1976 as unregisterable firearms. Section 7-2502.02(a)(4). (Sawed-off shotguns, short-barreled rifles and machine guns – defined to include assault rifles – also are deemed unregisterable.)

Pursuant to section 7-2502.06(a), a person must obtain a registration certificate prior to taking possession of a firearm from a licensed dealer or from any person or organization holding a registration certificate for the firearm. In all other cases, an application for registration must be filed immediately after a firearm is brought into the District [or within 48 hours if such person personally communicates with the Metropolitan Police Department and provides such information as may be demanded].

To obtain a registration certificate, an applicant must pass a background check conducted by the Chief of Police (this is in addition to the NICS check required by the Brady Act when purchasing from a federally licensed dealer). Section 7-2502.03 requires that the Chief confirm that the applicant:

• Is 21 years of age or older (with some narrow exceptions);
  
  
• Has not been convicted of a crime of violence, weapons offense, or of a violation of a firearms control law;
  
  
• Is not under indictment for a crime of violence or a weapons offense;
  
  
• Has not been convicted within five years prior to the application of any:
  
  
• Violation in any jurisdiction of any law restricting the use, possession, or sale of any narcotic or dangerous drug; or
  
  
• A violation of section 22-407, regarding threats to do bodily harm, or section 22-404, regarding assaults and threats, or any similar provision of the law of any other jurisdiction so as to indicate a likelihood to make unlawful use of a firearm;
  
  
• Within the five-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;
  
  
• Within the five years immediately preceding the application, has not been voluntarily or involuntarily committed to any mental hospital or institution;
  
  
• 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;
  
  
• Has not been adjudicated negligent in a firearm mishap causing death or serious injury to another human being;
  
  
• Is not otherwise ineligible to possess a [handgun] under section 22-4503 [which includes any person who is a drug addict, has been convicted of a felony or various prostitution-related or vagrancy-related offenses, or any person who is not a licensed dealer who has been convicted of unlawful possession of a handgun];
  
  
• Demonstrates satisfactory knowledge of the laws of the District pertaining to firearms and the safe and responsible use of firearms in accordance with tests and standards prescribed by the Chief; and
  
  
• Has vision better than or equal to that required to obtain a valid driver's license under the laws of the District.

Finally, a prospective handgun purchaser must complete an application for purchase, and wait 48 hours before taking possession of the handgun, if the application is approved. Section 22-4508. Section 22-4508 does not apply to law enforcement officers or sales at wholesale to licensed dealers.

Note: In Parker v. Dist. of Columbia, 478 F.3d 370, 395 (D.C. Cir. 2007), reh’g en banc denied, 2007 U.S. App. LEXIS 11029 (D.C. Cir. May 8, 2007), the Court of Appeals for the D.C. Circuit held, contrary to longstanding precedent, that the Second Amendment "protects an individual right to keep and bear arms" for self-protection and hunting purposes. Furthermore, the court held that handguns are "arms" under the Amendment and as such "it is not open to the District to ban them." Parker, 478 F.3d at 400. Thus, the court found unconstitutional the provision designating handguns unregisterable under section 7-2502.02(a)(4). The District has appealed this decision to the U.S. Supreme Court.

See the District of Columbia Dealer Regulations section for additional gun purchaser requirements.

No relevant statutes currently exist.

*New Legislation Alert*  See LCAV's Recent Developments in State Law page.

       Location Restrictions

Pursuant to District of Columbia Code Annotated §§ 7-2502.01 and 7-2502.02, handguns not registered to the current owner prior to September 24, 1976 are unregisterable and therefore cannot be possessed by any person except law enforcement officers, members of the military or licensed dealers (a retired District police officer may register a handgun, however). See the District of Columbia Background Checks section for further information about section 7-2502.02, including the impact of the Parker v. Dist. of Columbia case on this statute.

The District prohibits any unlicensed person from carrying a handgun, either openly or concealed. Section 22-4504. No individual may carry a handgun without a license in a place other than his or her home, place of business, or land he or she owns or possesses. Section 22-4504(a)(1). A person who violates section 22-4504(a) a second time or who is a convicted felon in the District or other jurisdiction and violates this section is subject to a fine of not more than $10,000 and/or imprisonment for not more than 10 years. Section 22-4504(a)(2).

The District prohibits any person from carrying or having readily accessible any firearm "upon the United States Capitol Grounds or within any of the Capitol Buildings," except as authorized by Capitol Police Board regulations. Section 10-503.16(a).

In addition, section 22-4502.01(a) provides that:

All areas within 1000 feet of a public or private day care center, elementary school, vocational school, secondary school, college, junior college, or university, or any public swimming pool, playground, video arcade, or youth center, or an event sponsored by any of the above entities shall be declared a gun free zone.

However, Section 22-4502.01 excludes certain individuals (such as military and law enforcement personnel, authorized government employees, those working for banks or certain public carriers, and licensed firearms dealers), and does not apply to a person legally licensed to carry a firearm in the District who lives or works within 1,000 feet of a gun free zone. Section 22-4502.01(c).

Concealed Weapons Licensing Requirements

The District of Columbia is a "may issue" jurisdiction, meaning that the Chief of Police has discretion in determining whether or not to issue a concealed weapons license to an applicant. Pursuant to District of Columbia Code Annotated § 22-4506, the Chief of Police may issue a license to carry a handgun within the District "if it appears that the applicant has good reason to fear injury to his or her person or property or has any other proper reason for carrying a [handgun] and that he or she is a suitable person to be so licensed." In addition, section 22-4506 requires the applicant to have:

• A bona fide residence or place of business within the District; or

• A bona fide residence or place of business within the United States and a license to carry a handgun concealed upon his or her person issued by the lawful authorities of any state or subdivision of the United States.

See also the District of Columbia Registration of Guns section.

In Parker v. Dist. of Columbia, 478 F.3d 370, 400 (D.C. Cir. 2007), reh’g en banc denied, 2007 U.S. App. LEXIS 11029 (D.C. Cir. May 8, 2007), the Court of Appeals for the D.C. Circuit, contrary to longstanding precedent, found that the Second Amendment protects an individual right to keep and bear arms, upholding challenges to sections 22-4504 and 22-4506, to the extent those provisions ban the keeping and use of a handgun in the home for self-defense. The District has appealed this decision to the U.S. Supreme Court. For more information about the Second Amendment, see LCAV’s summary of the Second Amendment to the U.S. Constitution.

Disclosure or Use of Information

There are no specific laws relating to the disclosure or use of information collected from licensees and applicants.

Duration & Renewal

A license to carry a handgun in the District is valid for not more than one year from date of issue. Section 22-4506.

Location Limits

Concealed weapons license holders are subject to generally applicable possession prohibitions. Please see the Location Restrictions section above for further information.

Reciprocity

The District of Columbia does not recognize concealed weapons licenses issued in other states, but the Chief of Police may issue such a license to a resident of another state if the resident is licensed to carry a concealed handgun in that state and is otherwise qualified for such a license under section 22-4506.

Brady Exemption

Concealed weapons license holders in the District of Columbia are not exempt from background checks when purchasing a firearm, according to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) chart that outlines those permits that qualify as alternatives to the Brady Act. Please note that ATF’s exempt status determination for a given jurisdiction is subject to change without notice.

Under federal law, persons who have been issued state permits to purchase or possess firearms are exempt from background checks if those permits were issued: 1) within the previous five years in the state in which the transfer is to take place; and 2) after an authorized government official has conducted a background investigation, including a search of the NICS database, to verify that possession of a firearm would not be unlawful. 18 U.S.C. § 922(t)(3), 27 C.F.R. § 478.102(d).

*New Legislation Alert*  See LCAV's Recent Developments in State Law page.

There are no statutes specifically imposing criminal liability on adults who negligently leave firearms accessible to children. See the District of Columbia Locking Devices section for requirements regarding the safe storage of firearms.

*New Legislation Alert*  See LCAV's Recent Developments in State Law page.

Any person wishing to "engage in the business of selling, purchasing, or repairing" firearms or ammunition in the District of Columbia must obtain a dealer’s license. D.C. Code Ann. § 7-2504.01(b). Any person eligible to register a firearm in the District (and who, if a registrant, has not previously failed to perform any of the duties imposed by law), and any person who is otherwise eligible to obtain a federal dealer’s license, may obtain a District dealer's license. Section 7-2504.02(a); also see the District of Columbia Registration section.

Dealer Licensing

Dealer applicants must go through the same background check process established for firearm purchases (see the District of Columbia Background Checks section), indicate the address of the proposed business, note whether they held a license to deal in deadly weapons in the District prior to September 24, 1976 (the effective date of the D.C. Firearms Control Regulations Act of 1975), and must provide "[s]uch other information as the Chief may require, including fingerprints and photographs." Section 7-2504.02(b). The Chief shall approve or deny an application within 60 days, unless good cause is shown, including non-receipt of information from sources outside the District government. Section 7-2504.03(b). The Chief may hold in abeyance an application where there is any firearms revocation proceeding pending against such person. Id.

Licensed dealers may transfer any registerable firearm to any person or organization possessing a registration certificate for such firearm. Section 7-2505.02(c). However, a special license is required for a retail dealer to sell, or expose for sale, or have in his or her possession with intent to sell, any handgun, machine gun, or sawed-off shotgun. Sections 22-4509, 22-4510. See also the District of Columbia Registration section. Wholesale dealers do not need a special license to sell such weapons but can only sell them to a licensed dealer. Section 22-4509.

A District dealer's license is valid for not more than one year from the date of issuance. Section 7-2504.02(a).

Duties of Licensed Dealer

Under section 7-2504.04(a)(3), each person holding a dealer's license shall, among other things, keep at the premises identified in the dealer's license a record in book form of:

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

• Detailed information about each firearm or destructive device received into inventory or for repair, or subsequently sold or transferred, including the:

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

• Name, address, and registration certificate number or dealer license number (if any) of the person or organization from whom the firearm or destructive device was purchased or otherwise received, or to whom transferred;

• Consideration for transfer;

• Date and time of receipt or delivery and, in the case of repair, return to the person holding the registration certificate; and

• Nature of the repairs made; and

• Detailed information about ammunition received into inventory or subsequently sold or transferred, including the:

• Brand and number of rounds of each caliber or gauge;

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

• The registration certificate number of the firearm for which the ammunition was sold or transferred, for transferees who are not licensed dealers;

• Consideration given for the ammunition; and

• The date and time of the receipt, sale or transfer of the ammunition;

These records must be exhibited during normal business hours to any member of the Metropolitan Police Department. Section 7-2504.04(b). In addition, 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 under section 7-2504.04(a), and any other information reasonably obtainable from those records. Section 7-2504.04(c). Failure to comply with section 7-2504.04 shall result in revocation of the dealer’s license. Section 7-2504.05. A dealer’s license shall also be revoked if the information furnished to the Chief on the application for a dealer’s license proves to be intentionally false. Id.

Pursuant to section 7-2504.07, a licensed dealer must:

• Not display any firearm or ammunition in windows visible from a street or sidewalk;

• Keep all firearms and ammunition in a securely locked place "affixed" to the premises except when being shown to a customer, or being repaired; and

• Not knowingly employ any person in his or her establishment if such person would not be eligible to register a firearm.

Transfer Regulations

Section 7-2505.02(d) provides that, except for sales to other licensed dealers and certain law enforcement officers and agents of the government, no licensed dealer shall transfer ammunition unless:

• The transfer is made in person;

• The purchaser exhibits, at the time of transfer, a valid registration certificate, a valid ammunition collector's certificate or, in the case of a nonresident, proof that the weapon is lawfully possessed in the jurisdiction where such person resides;

• The ammunition to be transferred is of the same caliber or gauge as the firearm described in the registration certificate, or other proof in the case of nonresident (this provision does not apply to purchasers holding a valid ammunition collector's certificate); and

• The purchaser signs a receipt for the ammunition which (in addition to the other records required by District law) shall be maintained by the licensed dealer for a period of one year from the date of transfer.

In addition to the District's limitations on who may obtain a registration certificate to purchase a handgun (see the District of Columbia Registration section), the District further prohibits the sale of handguns to persons under the age of 21 and may impose a fine of not more than $10,000, or imprisonment for not more than 10 years, against any person who knowingly or intentionally transfers a firearm to a person under age 18. Sections 22-4507 and 7-2507.06(1). In addition, Section 22-4507 prohibits handgun sales to a person whom the seller has reasonable cause to believe is not of sound mind, or who is otherwise not allowed to posses a handgun under section 22-4503 (listing persons unsuitable to possess a handgun).

Strict Liability

Any 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 may be held strictly liable in tort 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. Section 7-2531.02(a). This section also applies to firearm manufacturers and importers.

Pursuant to section 7-2531.03, no strict liability action may be brought:

• When the basis of the strict liability is a firearm originally distributed to a law enforcement agency or a law enforcement officer;
  
  
• By a person who can be shown by a preponderance of the evidence to have committed a self-inflicted injury or who was injured by a firearm while committing a crime, attempting to commit a crime, engaged in criminal activity, or engaged in a delinquent act;
  
  
• By a person who can be shown by a preponderance of the evidence to be engaged in the sale or distribution of illegal narcotics; or
  
  
• By a person who either assumed the risk of the injury that occurred or negligently contributed to the injury that occurred.
  
  

Dealers of assault weapons or machine guns will be held strictly liable in tort for all direct and consequential damages arising 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. Section 7-2551.02. This section, which is subject to several exceptions, also applies to manufacturers and importers of assault weapons and machine guns. See section 7-2551.03 and the District of Columbia Assault Weapons section.

For laws applicable to both licensed and private firearm sellers, please see the District of Columbia Private/Secondary Sales section.

Number of Federally Licensed Firearms Dealers

There are seven federally licensed firearms dealers and pawnbrokers in the District of Columbia. Federal firearms licensee totals for the District of Columbia as of October 19, 2006 were provided by the U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives.

*New Legislation Alert*  See LCAV's Recent Developments in State Law page.

The District of Columbia does not specifically regulate gun shows. With limited exceptions, however, firearms may not be transferred until the purchaser has applied for and been issued a firearm registration certificate. D.C. Code Ann. § 7-2502.06(a). A firearm registration certificate will not be issued until the Chief of Police determines that the applicant has not been convicted of a crime of violence and is not otherwise prohibited from possessing firearms. Section 7-2502.03.

Finally, prospective handgun purchasers must complete an application for purchase, and wait 48 hours before taking possession of any handgun, if the application is approved. Section 22-4508. Section 22-4508 does not apply to law enforcement officers or sales at wholesale to licensed dealers. Handguns are deemed "unregisterable" firearms in the district and generally cannot be purchased in the District. See the District of Columbia Background Checks and Registration sections for further information.

See also the District of Columbia Private/Secondary Sales section for laws that generally apply at gun shows.

No relevant statutes currently exist.

For detailed information about government and private party lawsuits against the gun industry, the status of litigation involving gun industry immunity statutes in various states, or pending gun industry immunity legislation, visit the Brady Center's Legal Action Project and the Coalition to Stop Gun Violence's Gun Industry Immunity page.

*New Legislation Alert*  See LCAV's Recent Developments in State Law page.

*New Legislation Alert*  See LCAV's Recent Developments in State Law page.

*New Legislation Alert*  See LCAV's Recent Developments in State Law page.

The District of Columbia does not have a specific licensing requirement. Nevertheless, the District’s registration system limits who can purchase or own firearms, requires background checks, and requires that purchasers and owners meet the standards set by the Chief of Police regarding responsible firearm use and knowledge of District gun laws. D.C. Code Ann. § 7-2502.03. See also the District of Columbia Background Checks and District of Columbia Registration sections.

*New Legislation Alert*  See LCAV's Recent Developments in State Law page.

Pursuant to District of Columbia Code Annotated § 7-2507.02:

Except for law enforcement personnel described in § 7-2502.01(b)(1), each registrant [see the District of Columbia Registration section] shall keep any firearm in his possession unloaded and disassembled or bound by a trigger lock or similar device unless such firearm is kept at his place of business, or while being used for lawful recreational purposes within the District of Columbia.

Violation of this section is a misdemeanor, and violators are subject to not more than one year in jail and/or a $1,000 fine. Section 7-2507.06.

In Parker v. District of Columbia, 478 F.3d 370, 400-01 (D.C. Cir. 2007), reh’g en banc denied, 2007 U.S. App. LEXIS 11029 (D.C. Cir. May 8, 2007), the Court of Appeals for the D.C. Circuit upheld a Second Amendment challenge to section 7-2507.02, finding that the provision amounts to a "complete prohibition" on the use of a handgun for self-defense in the home, and was therefore unconstitutional. The District has appealed the decision to the U.S. Supreme Court. For more information about the Second Amendment, see LCAV’s summary of the Second Amendment to the U.S. Constitution.

*New Legislation Alert*  See LCAV's Recent Developments in State Law page.

Generally, no person under age 21 may obtain a registration certificate, which prevents such individuals from lawfully possessing a firearm. D.C. Code Ann. § 7-2502.03(a)(1) (see the District of Columbia Background Checks section for further information). Under this section, however, the Chief of Police may issue a registration certificate to an applicant between the ages of 18 and 21 years old, who is otherwise qualified, if the application is accompanied by a notarized statement of the applicant's parent or guardian verifying that:

• The applicant has the permission of his or her parent or guardian to own and use the firearm to be registered; and
  
  
• The parent or guardian assumes civil liability for all damages resulting from the actions of the applicant in the use of the firearm to be registered.

Such registration certificate expires on the person's 21st birthday. Id.

In addition, no person may sell a handgun to anyone under age 21, unless the seller is the parent or guardian of the purchaser. Section 22-4507. A person who knowingly or intentionally transfers a firearm or ammunition to a person under age 18 shall be fined not more than $10,000, imprisoned for not more than 10 years, or both. Section 7-2507.06(1).

*New Legislation Alert*  See LCAV's Recent Developments in State Law page.

No relevant statutes currently exist.

*New Legislation Alert*  See LCAV's Recent Developments in State Law page.

No person or organization shall take possession of a firearm until he or she obtains a registration certificate from the Chief of Police. D.C. Code Ann. § 7-2502.01. The applicant must pass a background check as part of the registration process. Sections 7-2502.01, 7-2502.03, 7-2505.02(c). Registered firearms may only be transferred to a licensed dealer. Section 7-2505.02(a). Handguns and machine guns (including assault weapons) are deemed unregisterable firearms in the District. See the District of Columbia Background Checks, Assault Weapons, and Registration sections for further information.

Pursuant to District of Columbia Code Annotated § 7-2502.06(a), a person must apply for and obtain a registration certificate prior to taking possession of a firearm from any person or organization holding a registration certificate for the firearm. To obtain a registration certificate, an applicant must pass a background check conducted by the Chief of Police. See section 7-2502.03, and the District of Columbia Registration section.

The District also prohibits the use of firearms or ammunition as security for a mortgage, deposit or pledge, and prohibits loaning, borrowing, giving, or renting a firearm or ammunition to or from another person. Section 7-2507.01.

In addition, no one may sell a handgun to a person under age 21 unless the seller is the parent or guardian of the purchaser. Section 22-4507. A person who knowingly or intentionally transfers a firearm or ammunition to a person under age 18 shall be fined not more than $10,000, imprisoned for not more than 10 years, or both. Section 7-2507.06(1).

*New Legislation Alert*  See LCAV's Recent Developments in State Law page.

The District of Columbia requires a registration certificate for every gun that is possessed, controlled or purchased in the District. D.C. Code Ann. §§ 7-2502.01, 7-2502.06.

Who Can Register

Under section 7-2502.01(a), registration certificates are available to:

• An organization that employs at least one commissioned special police officer or employee licensed to carry a firearm whom the organization arms during the employee’s duty hours;

• In the discretion of the Chief of Police, a retired District police officer; and

• In the discretion of the Chief of Police, the Fire Marshal and any member of the District Fire and Arson Unit designated in writing by the Fire Chief, for the purpose of enforcing the District’s arson and fire safety laws.

The following persons are exempt from the registration requirement pursuant to section 7-2502.01(b):

• Any law enforcement officer, agent of the government, or any member of the military authorized to possess a firearm "while on duty in the performance of official authorized functions;"

• Any person holding a dealer's license; provided that the firearm is acquired in the normal conduct of business, kept at the place described in the dealer's license, and not kept for private use or protection, or for the protection of his or her business; or

• Any nonresident of the District participating in a lawful firearm-related recreational activity in the District, or heading to or from such activity in another jurisdiction (provided that the person can show proof of his or her participation if so demanded by law enforcement, that possession or control of the firearm is lawful in the jurisdiction in which he or she resides, and that the weapon is unloaded, securely wrapped, and carried in open view).

In McIntosh v. Washington, 395 A.2d 744 (D.C. 1978), the District of Columbia Court of Appeals held that section 6-1811(b)(3) (now section 7-2502.01(b)(3), which exempts from registration nonresidents participating in lawful firearm-related recreational activities) did not violate equal protection guarantees because it was the intent of the District of Columbia Council that both residents and nonresidents of the District be allowed to participate in recreational activities such as target shooting, provided their firearms are validly registered and meet local safety criteria.

Unregisterable Firearms

Sawed-off shotguns, machine guns, short-barreled rifles, and handguns not registered to the current owner prior to September 24, 1976, are unregisterable pursuant to section 7-2502.02. The provisions of this section do not apply to an 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, or to a retired District police officer.

In Parker v. Dist. of Columbia, 478 F.3d 370, 395 (D.C. Cir. 2007), reh’g en banc denied, 2007 U.S. App. LEXIS 11029 (D.C. Cir. May 8, 2007), the Court of Appeals for the D.C. Circuit held, contrary to longstanding precedent, that the Second Amendment "protects an individual right to keep and bear arms" for self-protection and hunting purposes. Furthermore, the court held that handguns are "arms" under the Amendment and as such "it is not open to the District to ban them." Parker, 478 F.3d at 400. Thus, the court found unconstitutional the provision designating handguns unregisterable under section 7-2502.02(a)(4). The District has appealed this decision to the U.S. Supreme Court. For more information about the Second Amendment, see the Second Amendment to the U.S. Constitution.

Registration Process

Pursuant to section 7-2502.06(a), a person must obtain a registration certificate prior to taking possession of a firearm from a licensed dealer or from any person or organization holding a registration certificate for the firearm. In all other cases, an application for registration must be filed immediately after a firearm is brought into the District [or within 48 hours if such person personally communicates with the Metropolitan Police Department and provides such information as may be demanded].

For details about the minimum standards for obtaining a registration certificate, see the District of Columbia Background Checks section. A person applying for a registration certificate must provide the following information (set forth in § 7-2502.03(b)):

• Full name and any other name by which he or she is known;
  
  
• Present address and each home address where the person has resided during the last five years;
  
  
• Present business or occupation, any business or occupation he or she has engaged in during the last five years, and the addresses of such businesses or places of employment;
  
  
• Sex, and date and place of birth;
  
  
• 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;
  
  
• A description of his or her role in any mishap involving a firearm, including the date, place, time, circumstances, and the names of the persons injured or killed;
  
  
• Intended use of the firearm;
  
  
• Caliber, make, model, manufacturer's identification number, serial number, and any other identifying marks on the firearm;
  
  
• Name and address of the person or organization from whom the firearm was obtained, and in the case of a dealer, his or her dealer's license number;
  
  
• Where the firearm will generally be kept;
  
  
• Whether the person has applied for other registration certificates issued and outstanding; and
  
  
• Any additional information the Chief deems necessary.

Once a properly executed application for a registration certificate is received, "the Chief, upon determining through inquiry, investigation, or otherwise, that the applicant is entitled and qualified," shall approve or deny the application within 60 days, "unless good cause is shown, including nonreceipt of information from sources outside the District government...." Section 7-2502.07(a), (b).

Duties of Registration Certificate Holders

Under section 7-2502.08, each person and organization holding a registration certificate shall, among other things:

• 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;"

• Notify the Chief in writing of the "sale, transfer or other disposition of the firearm not less than 48 hours prior to delivery, pursuant to such sale, transfer or other disposition," including: a) identification of the registrant, the firearm and the serial number of the registration certificate; b) the name, residence, business address and date of birth of the person to whom the firearm has been transferred; and c) how the firearm was transferred or disposed of; and

• 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 or she notifies the Chief.

Disclosure or Use of Information

No information obtained from a person, or retained by a person, pursuant to the registration subchapter (§ 7-2502.01 et seq.), "shall be used as evidence against such person in any criminal proceeding with respect to a violation of [the provisions of the District’s Firearms Control Regulations]…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 [perjury], or § 7-2507.04 [false information; forgery or alteration]." Section 7-2502.11.

Requirements for Possession of Ammunition

Section 7-2506.01 states that no person shall possess ammunition in the District unless he or she:

• Is a licensed dealer;
  
  
• Is an officer, agent, or employee of the District or the United States, on duty and acting within the scope of his or her duties when possessing such ammunition;
  
  
• Is the holder of the valid registration certificate for a firearm of the same gauge or caliber as the ammunition he or she possesses; except that no person shall possess restricted [handgun] bullets; or
  
  
• Held an ammunition collector's certificate on September 24, 1976.

*New Legislation Alert*  See LCAV's Recent Developments in State Law page.

The District requires that any person holding a registration certificate for a firearm notify the Chief of Police in writing immediately upon the discovery of the loss, theft, or destruction of a registration certificate or a registered firearm. D.C. Code Ann. § 7-2502.08(1)(A).

*New Legislation Alert*  See LCAV's Recent Developments in State Law page.

No seller shall deliver a handgun to a purchaser until 48 hours have elapsed from the time of the application for purchase (except for sales to law enforcement and sales at wholesale to licensed dealers). D.C. Code Ann. § 22-4508. As a general rule, handguns are deemed unregisterable firearms in the district and cannot be purchased. See the District of Columbia Background Checks, Assault Weapons, and Registration sections for further information.

State Resources

Operation Ceasefire

Bureau of Alcohol, Tobacco, Firearms and Expolsives, Washington Field Division (VA, DC)

District of Columbia, Office of the Attorney General

District of Columbia Coalition Against Domestic Violence