(1) "Ammunition" shall have the same meaning as provided in § 7-2501.01(2).
(1A) "Bump stock" means any object that, when installed in or attached to a firearm, increases the rate of fire of the firearm by using energy from the recoil of the firearm to generate a reciprocating action that facilitates repeated activation of the trigger.
(1B) “Crime of violence” shall have the same meaning as provided in § 23-1331(4).
(2) “Dangerous crime” means distribution of or possession with intent to distribute a controlled substance. For the purposes of this definition, the term “controlled substance” means any substance defined as such in the District of Columbia Official Code or any Act of Congress.
(2A) “Firearm” means any weapon, regardless of operability, which will, or is designed or redesigned, made or remade, readily converted, restored, or repaired, or is intended to, expel a projectile or projectiles by the action of an explosive. The term “firearm” shall not include:
(A) A destructive device as that term is defined in § 7-2501.01(7);
(B) A device used exclusively for line throwing, signaling, or safety, and required or recommended by the Coast Guard or Interstate Commerce Commission; or
(C) A device used exclusively for firing explosive rivets, stud cartridges, or similar industrial ammunition and incapable for use as a weapon.
(2B) "Ghost gun" shall have the same meaning as provided in § 7-2501.01(9B).
(3) “Knuckles” means an object, whether made of metal, wood, plastic, or other similarly durable material that is constructed of one piece, the outside part of which is designed to fit over and cover the fingers on a hand and the inside part of which is designed to be gripped by the fist.
(4) “Machine gun” shall have the same meaning as provided in § 7-2501.01(10).
(4A) "Open to the general public" means a location:
(A) To which the public is invited; and
(B) For which no payment, membership, affiliation, appointment, or special permission is required for an adult to enter, other than proof of age or a security screening.
(5) “Person” includes individual, firm, association, or corporation.
(6) “Pistol” shall have the same meaning as provided in § 7-2501.01(12).
(6A) “Place of business” shall have the same meaning as provided in § 7-2501.01(12A).
(7) “Playground” means any facility intended for recreation, open to the public, and with any portion of the facility that contains one or more separate apparatus intended for the recreation of children, including, but not limited to, sliding boards, swingsets, and teeterboards.
(7A) "Public conveyance" means any government-operated air, land, or water vehicle used for the transportation of persons, including any airplane, train, bus, or boat.
(7B) “Registrant” means a person who has registered a firearm pursuant to Unit A of Chapter 25 of Title 7.
(8) “Sawed-off shotgun” shall have the same meaning as provided in § 7-2501.01(15).
(9) “Sell” and “purchase” and the various derivatives of such words shall be construed to include letting on hire, giving, lending, borrowing, and otherwise transferring.
(9A) “Shotgun” shall have the same meaning as provided in § 7-2501.01(16).
(10) “Video arcade” means any facility legally accessible to persons under 18 years of age, intended primarily for the use of pinball and video machines for amusement, and which contains a minimum of 10 pinball or video machines.
(11) “Youth center” means any recreational facility or gymnasium (including any parking lot appurtenant thereto), intended primarily for use by persons under 18 years of age, which regularly provides athletic, civic, or cultural activities.
§ 22–4502. Additional penalty for committing crime when armed.
(a) Any person who commits a crime of violence, or a dangerous crime in the District of Columbia when armed with or having readily available any pistol or other firearm (or imitation thereof) or other dangerous or deadly weapon (including a sawed-off shotgun, shotgun, machine gun, rifle, stun gun, dirk, bowie knife, butcher knife, switchblade knife, razor, blackjack, billy, or metallic or other false knuckles):
(1) May, if such person is convicted for the first time of having so committed a crime of violence, or a dangerous crime in the District of Columbia, be sentenced, in addition to the penalty provided for such crime, to a period of imprisonment which may be up to, and including, 30 years for all offenses except first degree murder while armed, second degree murder while armed, first degree sexual abuse while armed, and first degree child sexual abuse while armed, and shall, if convicted of such offenses while armed with any pistol or firearm, be imprisoned for a mandatory-minimum term of not less than 5 years; and
(2) Shall, if such person is convicted more than once of having so committed a crime of violence, or a dangerous crime in the District of Columbia, or an offense in any other jurisdiction that would constitute a crime of violence or dangerous crime if committed in the District of Columbia, be sentenced, in addition to the penalty provided for such crime, to a period of imprisonment of not less than 5 years and, except for first degree murder while armed, second degree murder while armed, first degree sexual abuse while armed and first degree child sexual abuse while armed, not more than 30 years, and shall, if convicted of such second offense while armed with any pistol or firearm, be imprisoned for a mandatory-minimum term of not less than 10 years.
(3) Shall, if such person is convicted of first degree murder while armed, second degree murder while armed, first degree sexual abuse while armed, or first degree child sexual abuse while armed, be sentenced, in addition to the penalty provided for such crime, to a period of imprisonment of not less than the minimum and mandatory minimum sentences required by subsections (a)(1), (a)(2), (c) and (e) of this section and § 22-2104, and not more than life imprisonment or life imprisonment without possibility of release as authorized by § 24-403.01(b-2); § 22-2104; § 22-2104.01; and §§ 22-3002, 22-3008, and 22-3020.
(4) For purposes of imprisonment following revocation of release authorized by § 24-403.01(b)(7), the offenses defined by this section are Class A felonies.
(b) Repealed.
(c) Any person sentenced pursuant to paragraph (1), (2), or (3) of subsection (a) above for a conviction of a crime of violence or a dangerous crime while armed with any pistol or firearm, shall serve a mandatory-minimum term of 5 years, if sentenced pursuant to paragraph (1) of subsection (a) of this section, or 10 years, if sentenced pursuant to paragraph (2) of subsection (a) of this section, and such person shall not be released, granted probation, or granted suspension of sentence, prior to serving such mandatory-minimum sentence.
(d) Repealed.
(e)(1)Subchapter I of Chapter 9 of Title 24 shall not apply with respect to any person sentenced under paragraph (2) of subsection (a) of this section or to any person convicted more than once of having committed a crime of violence or a dangerous crime in the District of Columbia sentenced under subsection (a)(3) of this section.
(2) The execution or imposition of any term of imprisonment imposed under paragraph (2) or (3) of subsection (a) of this section may not be suspended and probation may not be granted.
(e-1) In addition to any other penalty provided under this section, a person may be fined an amount not more than the amount set forth in § 22-3571.01.
(f) Nothing contained in this section shall be construed as reducing any sentence otherwise imposed or authorized to be imposed.
(g) No conviction with respect to which a person has been pardoned on the ground of innocence shall be taken into account in applying this section.
§ 22–4502.01. Gun free zones; enhanced penalty.
(a) All areas within, 1000 feet of an appropriately identified 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, youth center, or public library, or in and around public housing as defined in section 3(1) of the United States Housing Act of 1937, approved August 22, 1974 (88 Stat. 654; 42 U.S.C. § 1437a(b)), the development or administration of which is assisted by the United States Department of Housing and Urban Development, or in or around housing that is owned, operated, or financially assisted by the District of Columbia Housing Authority, or an event sponsored by any of the above entities shall be declared a gun free zone. For the purposes of this subsection, the term “appropriately identified” means that there is a sign that identifies the building or area as a gun free zone.
(b) Any person illegally carrying a gun within a gun free zone shall be punished by a fine up to twice that otherwise authorized to be imposed, by a term of imprisonment up to twice that otherwise authorized to be imposed, or both.
(c) The provisions of this section shall not apply to a person legally licensed to carry a firearm in the District of Columbia who lives or works within 1000 feet of a gun free zone or to members of the Army, Navy, Air Force, or Marine Corps of the United States; the National Guard or Organized Reserves when on duty; the Post Office Department 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 business of transporting mail, money, securities, or other valuables; and licensed wholesale or retail dealers.
§ 22–4503. Unlawful possession of firearm.
(a) No person shall own or keep a firearm, or have a firearm in his or her possession or under his or her control, within the District of Columbia, if the person:
(1) Has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year;
(2) Is not licensed under § 22-4510 to sell weapons, and the person has been convicted of violating this chapter;
(3) Is a fugitive from justice;
(4) Is addicted to any controlled substance, as defined in § 48-901.02(4);
(5) Is subject to a court order that:
(A)(i) Was issued after a hearing of which the person received actual notice, and at which the person had an opportunity to participate; or
(ii) Remained in effect after the person failed to appear for a hearing of which the person received actual notice;
(B) Restrains the person from assaulting, harassing, stalking, or threatening any person named in the order, or requires the person to stay away from, or have no contact with, any other person or a location; and
(C) Requires the person to relinquish possession of any firearms; or
(6) Has been convicted within the past 5 years of:
(A) An intrafamily offense, as that term is defined in § 16-1001(8), or any similar provision in the law of another jurisdiction; or
(B) Stalking or attempted stalking, pursuant to Chapter 31A of this title, or any similar provision in the law of another jurisdiction.
(b)(1) A person who violates subsection (a)(1) of this section shall be sentenced to imprisonment for not more than 10 years and shall be sentenced to imprisonment for a mandatory-minimum term of 1 year, unless she or he has a prior conviction for a crime of violence other than conspiracy, in which case she or he shall be sentenced to imprisonment for not more than 15 years and shall be sentenced to a mandatory-minimum term of 3 years.
(2) A person sentenced to a mandatory-minimum term of imprisonment under paragraph (1) of this subsection shall not be released from prison or granted probation or suspension of sentence prior to serving the mandatory-minimum sentence.
(3) In addition to any other penalty provided under this subsection, a person may be fined an amount not more than the amount set forth in § 22-3571.01.
(c) A person who violates subsection (a)(2) through (a)(6) of this section shall be sentenced to not less than 2 years nor more than 10 years, fined not more than the amount set forth in § 22-3571.01, or both.
(c-1)(1) It shall be unlawful for any person knowingly to possess or receive any firearm which has had the importer's or manufacturer's serial number removed, obliterated, or altered.
(2) It shall be unlawful for any person to receive, possess, conceal, store, barter, sell, or dispose of any stolen firearm or stolen ammunition, or pledge or accept as security for a loan any stolen firearm or stolen ammunition, knowing or having reasonable cause to believe that the firearm or ammunition was stolen.
(c-2) A person who violates subsection (c-1) of this section shall upon conviction be fined no more than the amount set forth in § 22-3571.01, or incarcerated no less than 2 years nor more than 5 years, or both.
(d) For the purposes of this section, the term:
(1) “Crime of violence” shall have the same meaning as provided in § 23-1331(4), or a crime under the laws of any other jurisdiction that involved conduct that would constitute a crime of violence if committed in the District of Columbia, or conduct that is substantially similar to that prosecuted as a crime of violence under the District of Columbia Official Code.
(2) “Fugitive from justice” means a person who has:
(A) Fled to avoid prosecution for a crime or to avoid giving testimony in a criminal proceeding; or
(B) Escaped from a federal, state, or local prison, jail, halfway house, or detention facility or from the custody of a law enforcement officer.
§ 22–4503.01. Unlawful discharge of a firearm.
(a) Except as otherwise permitted by law, including legitimate self-defense, no firearm shall be discharged or set off in the District of Columbia without a special written permit from the Chief of Police issued pursuant to Section 1 of Article 9 of the Police Regulations of the District of Columbia, effective September 29, 1964 (C.O. 64-1397F; 24 DCMR § 2300.1 ) [CDCR 24-2300.1].
(b) A person who violates this section shall upon conviction be fined no more than the amount set forth in § 22-3571.01, or incarcerated for no more than 2 years, or both.
§ 22–4503.02. Prohibition of firearms from public or private property.
(a) The District of Columbia may prohibit or restrict the possession of firearms on its property and any property under its control.
(b) Private persons or entities owning property in the District of Columbia may prohibit or restrict the possession of firearms on their property; provided, that this subsection shall not apply to law enforcement personnel when lawfully authorized to enter onto private property.
§ 22–4503.03. Endangerment with a firearm.
(a) A person commits endangerment with a firearm when the person:
(1) Knowingly discharges a projectile from a firearm outside a licensed firing range; and
(2) Either:
(A) The person knows that the discharged projectile creates a substantial risk of death or bodily injury to another person; or
(B) In fact:
(i) The person is in, or the discharged projectile travels through or stops in, a location that is:
(I) Open to the general public at the time of the offense;
(II) A communal area of multi-unit housing; or
(III) Inside a public conveyance or a rail station; and
(ii) The person does not have permission to discharge a projectile from a firearm under:
(I) A written permit issued by the Metropolitan Police Department; or
(II) Other District or federal law.
(b) Except as provided in subsection (c) of this section, whoever violates this section shall upon conviction be fined no more than the amount set forth in § 22-3571.01, or incarcerated for no more than 5 years, or both.
(c) Whoever violates this section shall upon conviction be fined no more than the amount set forth in § 22-3571.01, or incarcerated for no more than 10 years, or both, if:
(1) The violation of this section occurs after a person has been convicted of a felony, either in the District of Columbia or another jurisdiction; or
(2) Five or more projectiles are discharged from a firearm within a single course of conduct.
(d) When arising from the same act or course of conduct, a conviction for an offense under this section shall merge with a conviction:
(2) For another offense outside of this chapter that has, as an element in the offense definition or in the applicable penalty enhancement, possessing or having readily available a firearm, imitation firearm, or dangerous weapon.
(e) No mental state shall be required as to any element under subsection (a)(2)(B) of this section.
(f) It shall be a defense to liability under this section that the person discharged a firearm under circumstances constituting lawful self-defense or defense of others.
§ 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
(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.
§ 22–4504. Carrying concealed weapons; possession of weapons during commission of crime of violence; penalty.
(a) No person shall carry within the District of Columbia either openly or concealed on or about their person, a pistol, without a license issued pursuant to District of Columbia law, or any deadly or dangerous weapon. Whoever violates this section shall be punished as provided in § 22-4515, except that:
(1) A person who violates this section by carrying a pistol, without a license issued pursuant to District of Columbia law, or any deadly or dangerous weapon, in a place other than the person’s dwelling place, place of business, or on other land possessed by the person, shall be fined not more than the amount set forth in § 22-3571.01 or imprisoned for not more than 5 years, or both; or
(2) If the violation of this section occurs after a person has been convicted in the District of Columbia of a violation of this section or of a felony, either in the District of Columbia or another jurisdiction, the person shall be fined not more than the amount set forth in § 22-3571.01 or imprisoned for not more than 10 years, or both.
(a-1) Except as otherwise permitted by law, no person shall carry within the District of Columbia a rifle or shotgun. A person who violates this subsection shall be subject to the criminal penalties set forth in subsection (a)(1) and (2) of this section.
(b) No person shall within the District of Columbia possess a pistol, machine gun, shotgun, rifle, or any other firearm or imitation firearm while committing a crime of violence or dangerous crime as defined in § 22-4501. Upon conviction of a violation of this subsection, the person may be sentenced to imprisonment for a term not to exceed 15 years and shall be sentenced to imprisonment for a mandatory-minimum term of not less than 5 years and shall not be released on parole, or granted probation or suspension of sentence, prior to serving the mandatory-minimum sentence.
(c) In addition to any other penalty provided under this section, a person may be fined an amount not more than the amount set forth in § 22-3571.01.
§ 22–4504.01. Authority to carry firearm in certain places and for certain purposes.
Notwithstanding any other law, a person holding a valid registration for a firearm may carry the firearm:
(1) Within the registrant’s home;
(2) While it is being used for lawful recreational purposes;
(3) While it is kept at the registrant’s place of business; or
(4) 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.
§ 22–4504.02. Transportation of firearms.
(a) A person may not transport a firearm unless the person:
(1) Is not otherwise prohibited by law from transporting, shipping, or receiving the firearm;
(2) Is transporting the firearm for a lawful purpose from a place where the person may lawfully possess and carry the firearm to another place where the person may lawfully possess and carry the firearm; and
(3) Transports the firearm in accordance with this section.
(b)(1) If the transportation of the firearm is by a vehicle, the firearm shall be unloaded, and neither the firearm nor any ammunition being transported shall be readily accessible or directly accessible from the passenger compartment of the transporting vehicle.
(2) If the transporting vehicle does not have a compartment separate from the driver’s compartment, the firearm or ammunition shall be contained in a locked container other than the glove compartment or console, and the firearm shall be unloaded.
(c) If the transportation of the firearm is in a manner other than in a vehicle, the firearm shall be:
(1) Unloaded;
(2) Inside a locked container; and
(3) Separate from any ammunition.
(d) The requirements of subsection (b) of this section shall not apply to a person who has a license to carry a pistol concealed upon their person pursuant to § 22-4506 and who is transporting the firearm concealed upon their person.
(e) The requirements of subsection (c) of this section shall not apply to a person who has a license to carry a pistol concealed upon their person pursuant to § 22-4506 and who is transporting the firearm concealed upon their person.
(f) Prosecutions for violations of this section shall be brought by the Attorney General for the District of Columbia in the name of the District of Columbia.
§ 22–4505. Exceptions to § 22-4504.
(a) The provisions of § 22-4504(a), as they pertain to a pistol, and (a-1), shall not apply to:
(1) A person engaged in the business of manufacturing, repairing, or dealing in firearms, or their agents, employees, and representatives, who possess, carry, or use a pistol in the ordinary course of that business; or
(2) A person while carrying a pistol, transported in accordance with § 22-4504.02:
(A) From the place of purchase to the person's home or place of business;
(B) To a place of repair, or back from that place to the person's home or place of business;
(C) While moving goods from one place of abode or business to another; or
(D) To or from any lawful recreational firearm-related activity.
(1) The concealed carrying of a firearm by a qualified law enforcement officer who is carrying the identification required by 18 U.S.C. § 926B(d);
(2) The concealed carrying of a firearm by a qualified retired law enforcement officer who is carrying the identification required by 18 U.S.C. § 926C(d);
(3) Members of the Army, Navy, Air Force, or Marine Corps of the United States, or of the National Guard or Organized Reserves when on duty and duly authorized to carry a firearm; and
(4) Officers or employees of the United States when duly authorized to carry a firearm.
(c) For the purposes of this section, the term:
(1) "Qualified law enforcement officer" shall have the same meaning as provided in 18 U.S.C. § 926B(c) and (f).
(2) "Qualified retired law enforcement officer" shall have the same meaning as provided in 18 U.S.C. § 926C(c) and (e)(2).
(3) "Recreational firearm-related activity" includes a firearms training and safety class.
§ 22–4505.01. Off-duty law enforcement officers carrying restrictions.
(a) Notwithstanding § 22-4505 or any other law, no off-duty law enforcement officer shall carry any firearm, openly or concealed, in the following locations or under the following circumstances:
(1) A building or office occupied by the government of the District of Columbia, its agencies, or its instrumentalities;
(2) A District government property or park;
(3) Any private residential property other than the officer's own residence, if:
(A) The property displays clear and conspicuous signage indicating that firearms are prohibited; or
(B) The property owner or person in control of the premises directly communicates, orally or in writing, to the law enforcement officer in advance of entry onto the residential property that the carrying of pistols is prohibited;
(4) Any private property that does not belong to the law enforcement officer and that is not a residence, including private property open to the public, if:
(A) The property is posted with conspicuous signage prohibiting the carrying of a pistol; or
(B) The owner or authorized agent personally communicates to the law enforcement officer that the carrying of pistols is prohibited; and
(5) In a church, synagogue, mosque, or other place where people regularly assemble for religious worship and that is not otherwise covered by paragraph (1) or (2) of this subsection, if:
(A) The property is posted with conspicuous signage prohibiting the carrying of a pistol; or
(B) The owner or authorized agent communicates to the law enforcement officer that carrying a pistol is prohibited.
(b) For the purposes of this section:
(1) A law enforcement officer shall be an off-duty law enforcement officer when the officer is not performing an official duty for the governmental agency that authorizes the officer to carry a firearm.
(2) A Metropolitan Police Department officer's authorized service weapon includes the officer's authorized off-duty service weapon.
(c) This section shall not apply to the carrying of authorized service weapons by:
(1) Law enforcement officers employed by the District, including members of the Metropolitan Police Department; or
(2) An officer, agent, or employee of the United States, a State, or political subdivision thereof, who is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of law and who is engaged in the lawful performance of their official duties, including travel to or from any official activity and participation in an authorized honor guard.
§ 22–4506. Issue of a license to carry a pistol.
(a) The Chief of the Metropolitan Police Department (“Chief”) may, upon the application of a person having a bona fide residence or place of business within the District of Columbia, or of a person having a bona fide residence or place of business within the United States and a license to carry a pistol concealed upon his or her person issued by the lawful authorities of any State or subdivision of the United States, issue a license to such person to carry a pistol concealed upon his or her person within the District of Columbia for not more than 2 years from the date of issue, 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 pistol, and that he or she is a suitable person to be so licensed.
(b) A non-resident who lives in a state that does not require a license to carry a concealed pistol may apply to the Chief for a license to carry a pistol concealed upon his or her person within the District of Columbia for not more than 2 years from the date of issue; provided, that he or she meets the same reasons and requirements set forth in subsection (a) of this section.
(c) For any person issued a license pursuant to this section, or renewed pursuant to § 7-2509.03, the Chief may limit the geographic area, circumstances, or times of the day, week, month, or year in which the license is effective, and may subsequently limit, suspend, or revoke the license as provided under § 7-2509.05.
(d) The application for a license to carry shall be on a form prescribed by the Chief and shall bear the name, address, description, photograph, and signature of the licensee.
(e) Except as provided in § 7-2509.05(b), any person whose application has been denied or whose license has been limited or revoked may, within 15 days after the date of the notice of denial or notice of intent, appeal to the Office of Administrative Hearings pursuant to § 7-2509.08.
§ 22–4507. Certain sales of pistols prohibited.
No person shall within the District of Columbia sell any pistol to a person who he or she has reasonable cause to believe is not of sound mind, or is forbidden by § 22-4503 to possess a pistol [now “firearm”], or, except when the relation of parent and child or guardian and ward exists, is under the age of 21 years.
§ 22–4508. Transfers of firearms regulated.
No seller shall within the District of Columbia deliver a firearm to the purchaser thereof until 10 days shall have elapsed from the date of 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 firearm shall be transported in accordance with § 22-4504.02. At the time of purchase, the purchaser shall sign in duplicate and deliver to the seller a statement containing his or her full name, address, occupation, date and place of birth, the date of purchase, the caliber, make, model, and manufacturer’s number of the firearm and a statement that the purchaser is not forbidden by § 22-4503 to possess a firearm. The seller shall, within 6 hours after purchase, sign and attach his or her address and deliver one copy to such person or persons as the Chief of Police of the District of Columbia may designate, and shall retain the other copy for 6 years. No machine gun, sawed-off shotgun, or blackjack shall be sold to any person other than the persons designated in § 22-4514 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. This section shall not apply to sales at wholesale to licensed dealers.
§ 22–4509. Dealers of weapons to be licensed.
No retail dealer shall within the District of Columbia sell or expose for sale or have in his or her possession with intent to sell, any pistol, machine gun, sawed-off shotgun, or blackjack without being licensed as provided in § 22-4510. No wholesale dealer shall, within the District of Columbia, sell, or have in his or her possession with intent to sell, to any person other than a licensed dealer, any pistol, machine gun, sawed-off shotgun, or blackjack.
§ 22–4510. Licenses of weapons dealers; records; by whom granted; conditions.
(a) The Mayor of the District of Columbia may, in his or her 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, machine guns, sawed-off shotguns, and blackjacks at retail within the District of Columbia subject to the following conditions in addition to those specified in § 22-4509, 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 § 22-4503 to possess a pistol [now “firearm”] 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 his or her identity. No machine gun, sawed-off shotgun, or blackjack shall be sold to any person other than the persons designated in § 22-4514 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, machine guns, and sawed-off shotguns in the possession of the licensee, which said record shall contain the date of purchase, the caliber, make, model, and manufacturer’s number 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, machine gun, sawed-off shotgun, and blackjack 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 the purchaser is not forbidden by § 22-4503 to possess a pistol [now “firearm”]. One copy of said record shall, within 7 days, be forwarded by mail to the Chief of Police of the District of Columbia and the other copy retained by the seller for 6 years.
(6) No pistol or imitation thereof 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.
(b) Any license issued pursuant to this section shall be issued by the Metropolitan Police Department as a Public Safety endorsement to a basic business license under the basic business license system as set forth in subchapter I-A of Chapter 28 of Title 47 of the District of Columbia Official Code [§ 47-2851.01 et seq.].
§ 22–4511. 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 machine gun, sawed-off shotgun, or blackjack within the District of Columbia, give false information or offer false evidence of his or her identity.
§ 22–4512. 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 identification on any pistol, machine gun, or sawed-off shotgun. Possession of any pistol, machine gun, 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 this section shall apply to any officer or agent of any of the departments of the United States or the District of Columbia engaged in experimental work.
§ 22–4513. Exceptions.
Except as provided in § 22-4502, § 22-4504(b), and § 22-4514(b), this chapter shall not apply to toy or antique pistols unsuitable for use as firearms.
§ 22–4514. Possession of certain dangerous weapons prohibited; exceptions.
(a) No person shall within the District of Columbia possess any item that is, in fact, a machine gun, sawed-off shotgun, bump stock, ghost gun, knuckles, or any instrument or weapon of the kind commonly known as a blackjack, slungshot, sand club, sandbag, switchblade knife, 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 machine guns, or sawed-off shotgun, bump stock, ghost gun, knuckles, and blackjacks 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 Post Office Department or its employees when on duty, marshals, sheriffs, prison or jail wardens, or their deputies, policemen, or other duly-appointed law enforcement officers, including any designated civilian employee of the Metropolitan Police Department, or officers or employees of the United States duly authorized to carry such weapons, banking institutions, public carriers who are engaged in the business of transporting mail, money, securities, or other valuables, wholesale dealers and retail dealers licensed under § 22-4510.
(b) No person shall within the District of Columbia possess, with intent to use unlawfully against another, an imitation pistol, or a dagger, dirk, razor, stiletto, or knife with a blade longer than 3 inches, or other dangerous weapon.
(c) Whoever violates this section shall be punished as provided in § 22-4515 unless:
(1) The violation involves possession of a sawed-off shotgun, or ghost gun, in which case such person 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) The violation involves possession of a machine gun, in which case such person shall be fined no more than the amount set forth in § 22-3571.01, or incarcerated for no more than 5 years, which shall be imposed consecutive to any other sentence of imprisonment, or both; or
(3) The violation occurs after such person has been convicted in the District of Columbia of a violation of this section, or of a felony, either in the District of Columbia or in another jurisdiction, in which case such 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.
(d) Repealed.
§ 22–4515. Penalties.
Any violation of any provision of this chapter for which no penalty is specifically provided shall be punished by a fine of not more than the amount set forth in § 22-3571.01 or imprisonment for not more than 1 year, or both.
§ 22–4515a. Manufacture, transfer, use, possession, or transportation of Molotov cocktails, or other explosives for unlawful purposes, prohibited; definitions; 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 commercially 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 combustion, with the intent that the same may be used unlawfully against any person or property.
(c) No person shall, during a state of emergency in the District of Columbia declared by the Mayor pursuant to law, or during a situation in the District of Columbia concerning which the President has invoked any provision of Chapter 15 of Title 10, United States Code, manufacture, transfer, use, possess, or transport any device, instrument, or object designed to explode or produce uncontained combustion, except at his or her residence or place of business.
(d) Whoever violates this section shall: (1) for the first offense, be sentenced to a term of imprisonment of not less than 1 and not more than 5 years; (2) for the second offense, be sentenced to a term of imprisonment of not less than 3 and not more than 15 years; and (3) for the third or subsequent offense, be sentenced to a term of imprisonment of not less than 5 years and not more than 30 years. In the case of a person convicted of a third or subsequent violation of this section, Chapter 402 of Title 18, United States Code (Federal Youth Corrections Act) shall not apply. For purposes of imprisonment following revocation of release authorized by § 24-403.01(b)(7), the third or subsequent conviction for an offense defined by this section is a Class A felony.
(e) In addition to any other penalty provided under this section, a person may be fined an amount not more than the amount set forth in § 22-3571.01.
§ 22–4516. Severability.
If any part of this chapter is for any reason declared void, such invalidity shall not affect the validity of the remaining portions of this chapter.
§ 22–4517. Dangerous articles; definition; taking and destruction; procedure.
(a) As used in this section, the term “dangerous article” means:
(1) Any weapon such as a pistol, machine gun, sawed-off shotgun, blackjack, slingshot, sandbag, or metal knuckles; 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.
(c) When a police officer, in the course of a lawful arrest or lawful search, or when a designated civilian employee of the Metropolitan Police Department in the course of a lawful search, discovers a dangerous article which the officer reasonably believes is a nuisance under subsection (b) of this section the officer shall take it into his or her possession and surrender it to the Property Clerk of the Metropolitan Police Department.
(d)(1) Within 30 days after the date of such surrender, any person may file in the office of the Property Clerk of the Metropolitan Police Department a written claim for possession of such dangerous article. Upon the expiration of such period, the Property Clerk shall notify each such claimant, by registered mail addressed to the address shown on the claim, of the time and place of a hearing to determine which claimant, if any, is entitled to possession of such dangerous article. Such hearing shall be held within 60 days after the date of such surrender.
(2) At the hearing the Property Clerk shall hear and receive evidence with respect to the claims filed under paragraph (1) of this subsection. Thereafter he or she shall determine which claimant, if any, is entitled to possession of such dangerous article and shall reduce his or her decision to writing. The Property Clerk shall send a true copy of such written decision to each claimant by registered mail addressed to the last known address of such claimant.
(3) Any claimant may, within 30 days after the day on which the copy of such decision was mailed to such claimant, file an appeal in the Superior Court of the District of Columbia. If the claimant files an appeal, he or she shall at the same time give written notice thereof to the Property Clerk. If the decision of the Property Clerk is so appealed, the Property Clerk shall not dispose of the dangerous article while such appeal is pending and, if the final judgment is entered by such court, he or she shall dispose of such dangerous article in accordance with the judgment of such court. The Superior Court of the District of Columbia is authorized to determine which claimant, if any, is entitled to possession of the dangerous article and to enter a judgment ordering a disposition of such dangerous article consistent with subsection (f) of this section.
(4) If there is no such appeal, or if such appeal is dismissed or withdrawn, the Property Clerk shall dispose of such dangerous article in accordance with subsection (f) of this section.
(5) The Property Clerk shall make no disposition of a dangerous article under this section, whether in accordance with his or her own decision or in accordance with the judgment of the Superior Court of the District of Columbia, until the United States Attorney for the District of Columbia certifies to the Property Clerk that such dangerous article will not be needed as evidence.
(e) A person claiming a dangerous article shall be entitled to its possession only if: (1) such person shows, on satisfactory evidence, that such person is the owner of the dangerous article or is the accredited representative of the owner, and that the ownership is lawful; (2) such person shows on satisfactory evidence that at the time the dangerous article was taken into possession by a police officer or a designated civilian employee of the Metropolitan Police Department, it was not unlawfully owned and was not unlawfully possessed or carried by the claimant or with his or her knowledge or consent; and (3) the receipt of possession by the claimant does not cause the article to be a nuisance. A representative is accredited if such person 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. In lieu of such destruction, any such serviceable dangerous article may, upon order of the Mayor of the District of Columbia, be transferred to and used by any federal or District Government law-enforcing agency, and the agency receiving same shall establish property responsibility and records of these dangerous articles.
(g) The Property Clerk shall not be liable in damages for any action performed in good faith under this section.
