1. (a) A person commits endangerment with a firearm when the person:

   1. (1) Knowingly discharges a projectile from a firearm outside a licensed firing range; and

   2. (2) Either:

      1. (A) The person knows that the discharged projectile creates a substantial risk of death or bodily injury to another person; or

      2. (B) In fact:

         1. (i) The person is in, or the discharged projectile travels through or stops in, a location that is:

            1. (I) Open to the general public at the time of the offense;
            2. (II) A communal area of multi-unit housing; or
            3. (III) Inside a public conveyance or a rail station; and

         2. (ii) The person does not have permission to discharge a projectile from a firearm under:

            1. (I) A written permit issued by the Metropolitan Police Department; or
            2. (II) Other District or federal law.
2. (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.

3. (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. (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. (2) Five or more projectiles are discharged from a firearm within a single course of conduct.

4. (d) When arising from the same act or course of conduct, a conviction for an offense under this section shall merge with a conviction:

   1. (1) Under § 22-4503.01; or
   2. (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.
5. (e) No mental state shall be required as to any element under subsection (a)(2)(B) of this section.
6. (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.

History

July 8, 1932, 47 Stat. 651, ch. 465, § 3c

July 8, 1932, 47 Stat. 651, ch. 465, § 3c

June 8, 2024, D.C. Law 25-175, § 29(d)

Emergency Legislation

For temporary (90 days) creation of this section, see § 6(b) of Prioritizing Public Safety Emergency Amendment Act of 2023 (D.C. Act 25-175, July 20, 2023, 70 DCR 10358).

For temporary (90 days) creation of this section, see § 5(b) of Prioritizing Public Safety Congressional Review Emergency Amendment Act of 2023 (D.C. Act 25-257, Oct. 16, 2023, 70 DCR 13849).

For temporary (90 days) creation of this section, see § 6(b) of Prioritizing Public Safety Second Congressional Review Emergency Amendment Act of 2023 (D.C. Act 25-339, Dec. 21, 2023, 70 DCR 16594).

For temporary (90 days) creation of this section, see § 3c of Secure DC Omnibus Emergency Amendment Act of 2024 (D.C. Act 25-410, Mar. 11, 2024, 71 DCR 2693).

For temporary (90 days) creation of this section, see § 3c of Secure DC Omnibus Congressional Review Emergency Amendment Act of 2024 (D.C. Act 25-490, June 7, 2024, 71 DCR 7006).

Temporary Legislation

For temporary (225 days) creation of this section, see § 6(b) of Prioritizing Public Safety Temporary Amendment Act of 2023 (D.C. Law 25-101, Jan. 17, 2024, 70 DCR 13762).