D.C. Mun. Regs. tit. 24, r. 24-2309

Current through Register Vol. 71, No. 43, October 25, 2024

Rule 24-2309 - OTHER DISQUALIFICATIONS FOR REGISTRATION

2309.1

A firearm shall not be registered if the applicant meets any of the following conditions:

(a) The entry of a judgment or consent order or decree of negligence in any civil suit concerning the discharge of a firearm resulting in death or serious injury to a human being without regard to the filing of criminal charges, or the finding by a coroner of negligent homicide, shall be considered an adjudication of negligence to establish the disqualifier in § 203(a)(8) of the Act. For the purposes of this subsection, "serious injury" shall be deemed to have occurred where the victim remains in a hospital in excess of forty-eight (48) hours;

(b) [RESERVED];

(c) The existence of a record described in § 2307.1 showing a conviction which makes a person ineligible to possess a pistol under D.C. Official Code § 22-4503 (2013 Supp.) shall establish that the person is disqualified from possessing a rifle or shotgun under § 203(a)(9) of the Act;

(d) A court record showing the applicant is a respondent in an intrafamily proceeding in which a civil protection order was issued against the applicant, unless the applicant can demonstrate by a certified court record establishing that the order has expired or has been rescinded for a period of five (5) years;

(e) A court record showing the applicant is a respondent in which a foreign protection order (as defined in D.C. Official Code § 16-1041(2) (2012 Repl.)) was issued against the applicant, unless the applicant can demonstrate by a certified court record establishing that the order has expired or has been rescinded for a period of five (5) years;

(f) Arrest records within the five (5) years immediately preceding the application, showing that the applicant has had a history of violent behavior. For purposes of this subsection, "history of violent behavior" includes, but is not limited to, arrests for violation of D.C. Official Code § 22-407 (2012 Repl.), regarding threats to do bodily harm, or D.C. Official Code § 22-404 (2012 Repl.), regarding assaults and threats, any crime of violence as defined in D.C. Official Code § 23-1331(4) (2013 Supp.), or any similar provision of the law of any other jurisdiction so as to indicate a likelihood to make unlawful use of a firearm;

(g) Two (2) or more violations of D.C. Official Code 50-2201.05b (2012 Repl.) or any law in the District or another jurisdiction restricting driving under the influence of drugs or alcohol; or

(h) Any other provision enumerated in D.C. Official Code § 7-2502.03(a) (2013 Supp.).

D.C. Mun. Regs. tit. 24, r. 24-2309

Final Rulemaking published at 23 DCR 8942 (May 6, 1977), incorporating text of the Proposed Rulemaking published at 23 DCR 7061, 7069 (March 4, 1977); 35 DCRR § 306, November 1980, Special Edition; as amended by Emergency and Proposed Rulemaking published at 56 DCR 624 (January 16, 2009)[EXPIRED]; as amended by Final Rulemaking published at 56 DCR 4380, 4381 (June 5, 2009); as amended by Final Rulemaking published at 60 DCR 17215 (December 27, 2013)

Authority: Section 712 of the Firearms Control Regulations Act of 1975 (Act), effective March 31, 2009 (D.C. Law 17-372; D.C. Official Code § 7-2507.11) (2013 Supp.)).