1. (a) Repealed.

2. (b) A Metropolitan Police Department officer serving an extreme risk protection order shall:

   1. (1) Request that all firearms, ammunition, registration certificates, licenses to carry a concealed pistol, and dealer's licenses be immediately surrendered; and
   2. (2) Take possession of all firearms, ammunition, registration certificates, licenses to carry a concealed pistol, and dealer's licenses in the respondent's possession, control, or ownership that are surrendered or discovered pursuant to a lawful search.

3. (c)

   1. (1) At the time of surrender or removal, the Metropolitan Police Department officer taking possession of a firearm, ammunition, registration certificate, license to carry a concealed pistol, or dealer's license pursuant to an extreme risk protection order shall make a record identifying all firearms, ammunition, registration certificates, licenses to carry a concealed pistol, and dealer's licenses that have been surrendered or removed and provide a receipt to the respondent.
   2. (2) Within 72 hours after serving an extreme risk protection order, the officer shall file a copy of the receipt provided to the respondent pursuant to paragraph (1) of this subsection with the court and the Chief of Police.
4. (d) If a person other than the respondent claims title to any firearm or ammunition surrendered or removed pursuant to this section, and he or she is determined by the Metropolitan Police Department to be the lawful owner of the firearm or ammunition, the firearm or ammunition shall be returned to him or her; provided, that the firearm or ammunition is removed from the respondent's possession or control, and the lawful owner agrees to store the firearm or ammunition in a manner such that the respondent does not have possession or control of the firearm or ammunition.
5. (e) The Metropolitan Police Department may charge the respondent a fee not to exceed the actual costs incurred by the Metropolitan Police Department for storing any firearms or ammunition surrendered or removed pursuant to this section for the duration of the extreme risk protection order, including a renewal of the extreme risk protection order, and up to 6 months after the date the order expires or is terminated.

6. (f)

   1. (1) If a respondent peaceably surrenders any firearms or ammunition pursuant to this section, such surrender shall preclude the arrest and prosecution of the respondent for violating, with respect to the firearms or ammunition surrendered:

      1. (A) Section 7-2506.01; and
      2. (B) Sections 22-4503 and 22-4504(a) and (a-1).
   2. (2) The surrender of any firearm or ammunition pursuant to this section shall not constitute a voluntary surrender for the purposes of § 7-2507.05.

History

Sept. 24, 1976, D.C. Law 1-85, title X, § 1007

May 10, 2019, D.C. Law 22-314, § 2(e)

Apr. 27, 2021, D.C. Law 23-274, § 102(j)

Emergency Legislation

For temporary (90 days) creation of this section, see § 2(e) of Firearms Safety Omnibus Emergency Amendment Act of 2018 (D.C. Act 22-629, Jan. 30, 2018, 66 DCR 1729).

For temporary (90 days) creation of this section, see § 2(e) of Firearms Safety Omnibus Congressional Review Emergency Amendment Act of 2019 (D.C. Act 23-41, Apr. 15, 2019, 66 DCR 5255).

For temporary (90 days) amendment of this section, see § 3(j) of Firearms Safety Omnibus Clarification Emergency Amendment Act of 2019 (D.C. Act 23-49, May 16, 2019, 66 DCR 6310).

For temporary (90 days) creation of §§ 7-2510.07a, 7-2510.07b, 7-2510.07c, and 7-2510.07d, see § 3(k) of Firearms Safety Omnibus Clarification Emergency Amendment Act of 2019 (D.C. Act 23-49, May 16, 2019, 66 DCR 6310).

For temporary (90 days) amendment of this section, see § 4(j) of Firearms Safety Omnibus Clarification Congressional Review Emergency Amendment Act of 2019 (D.C. Act 23-103, July 24, 2019, 66 DCR 9738).

For temporary (90 days) creation of §§ 7-2510.07a, 7-2510.07b, 7-2510.07c, and 7-2510.07d, see § 4(k) of Firearms Safety Omnibus Clarification Congressional Review Emergency Amendment Act of 2019 (D.C. Act 23-103, July 24, 2019, 66 DCR 9738).

For temporary (90 days) amendment of this section, see § 4(j) of Firearms Safety Omnibus Clarification Emergency Amendment Act of 2020 (D.C. Act 23-297, May 1, 2020, 67 DCR 5037).

For temporary (90 days) creation of §§ 7-2510.07a - 7-2510.07d, see § 4(k) of Firearms Safety Omnibus Clarification Emergency Amendment Act of 2020 (D.C. Act 23-297, May 1, 2020, 67 DCR 5037).

For temporary (90 days) amendment of this section, see § 4(j) of Firearms Safety Omnibus Clarification Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-342, July 27, 2020, 67 DCR 9368).

For temporary (90 days) creation of §§ 7-2510.07a - 7-2510.07d, see § 4(k) of Firearms Safety Omnibus Clarification Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-342, July 27, 2020, 67 DCR 9368).

For temporary (90 days) amendment of this section, see § 4(m) of Omnibus Public Safety and Justice Emergency Amendment Act of 2021 (D.C. Act 24-25, Feb. 26, 2021, 68 DCR 002604).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 4(j) of Firearms Safety Omnibus Clarification Temporary Amendment Act of 2019 (D.C. Law 23-17, Sept. 11, 2019, 66 DCR 8741).

For temporary (225 days) creation of §§ 7-2510.07a through 7-2510.07d, see § 4(k) of Firearms Safety Omnibus Clarification Temporary Amendment Act of 2019 (D.C. Law 23-17, Sept. 11, 2019, 66 DCR 8741).

For temporary (225 days) amendment of this section, see § 4(j) of Firearms Safety Omnibus Clarification Temporary Amendment Act of 2020 (D.C. Law 23-123, Aug. 6, 2020, 67 DCR 5103).

For temporary (225 days) creation of §§ 7-2510.07a - 7-2510.07d, see § 4(k) of Firearms Safety Omnibus Clarification Temporary Amendment Act of 2020 (D.C. Law 23-123, Aug. 6, 2020, 67 DCR 5103).