§ 22–4503.04. Unlawful discarding of firearms and ammunition.

(a) It shall be unlawful for any person to knowingly discard, throw, or deposit any loaded or unloaded firearm or ammunition in a place other than the person's dwelling place, place of business, or on other land possessed by the person.

(b) Subsection (a) of this section shall not apply where a person:

(1) Throws, discards, or deposits any firearm or ammunition in a securely locked box or secured container;

(2) Is expressly directed by a law enforcement officer to throw, discard, or deposit any firearm or ammunition, and does so in the manner directed by the officer, and not while fleeing or attempting to elude any law enforcement officer;

(3) Throws, discards, or deposits any firearm or ammunition while participating in a lawful firearms training and safety class conducted by an arms instructor; or

(4) Who is a licensee, as that term is defined in § 7-2509.01(5), and is in compliance with the provisions of subchapter IX of Chapter 25 of Title 7.

(c) It shall be an affirmative defense, which shall be proven by a preponderance of the evidence, that the person threw, discarded, or deposited the firearm or ammunition while, in fact, voluntarily surrendering the item pursuant to § 7-2507.05 or as expressly provided by District or federal law.

(d)(1) Except as provided in paragraph (2) of this subsection, a person who violates this section shall be fined no more than the amount set forth in§ 22-3571.01, or incarcerated for no more than 5 years, or both.

(2) If the violation of this section occurs after a person has been convicted of a felony, either in the District of Columbia or another jurisdiction, the person shall be fined no more than the amount set forth in§ 22-3571.01, or incarcerated for no more than 10 years, or both.