2303 APPLICATION REQUIREMENTS FOR LICENSES FOR CONCEALED WEAPONS

2303.1 The residence requirements for a license to carry a concealed weapon shall be as follows:- (a) Applicant shall have a bona fide residence or place of business in the District of Columbia; or

- (b) If the applicant does not have a bona fide residence or place of business in the District of Columbia, the applicant shall have 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 that State or sub-division of the United States.2303.2 No applicant shall be a person prohibited from possessing a pistol under D.C. Code §§22-3201 through §22-3217 (1981).2303.3 Applicant shall be of sound mind. The Chief of Police or his or her designated agent may presume an applicant is not of sound mind if any of the following conditions are present:- (a) Applicant was previously determined by a court or administrative agency to be of unsound mind;

- (b) Applicant was found not guilty of a crime by reason of insanity;

- (c) Applicant was ever civilly committed to a mental institution, whether that commitment was voluntary or involuntary;

- (d) Applicant received treatment for a mental disorder on a regular basis;

- (e) A reliable witness or witnesses supplies the Chief of Police a written, notarized statement that the applicant is of unsound mind; or

- (f) Observation by police officials indicate that the applicant is not mentally competent. In this instance, at least two (2) officials of the rank of Sergeant or above shall state in writing their conclusion and facts supporting their conclusion that the applicant is mentally incompetent.2303.4 The Chief of Police or his or her designated agent may disregard the impediments of §§2303.3 (a), (b), (c) or (d) if five (5) years have elapsed since the last recorded treatment or judicial determination of mental incompetence.2303.5 To rebut a presumption that the applicant is of unsound mind, an applicant may offer the notarized report of a registered psychologist or psychiatrist that the psychologist or psychiatrist has examined the applicant within six (6) months prior to submitting the statement and found the applicant to be of sound mind.2303.6 The Chief of Police or his or her designated agent may require the applicant to submit to psychiatric testing by a psychiatrist or psychologist selected by the Chief of Police at the expense of the Metropolitan Police Department.2303.7 No applicant shall ever have been convicted in the District of Columbia or elsewhere of a felony or shall ever have been convicted of violation of any of the following:- (a) D.C. Code §§22-3201 through 22-3217 (1981); or

(b) A weapons offense in any jurisdiction.

2303.8 No applicant shall be any of the following:

1. (a) Under indictment for a felony or facing criminal misdemeanor charges involving wrongful use of a firearm in any jurisdiction;
2. (b) Charged in any competent court in any jurisdiction of a felony at the time his or her application is pending;
3. (c) A fugitive from justice or have previously been convicted of a firearm violation in any jurisdiction; or
4. (d) An alcoholic, or a user of illegal narcotic or hallucinogens.

2303.9 Applicant shall comply with the following requirements:

1. (a) Be over twenty-one (21) years of age;
2. (b) Be free from physical defects which would impair his or her safe use of the weapon, such as paralysis of hand or arm, poor vision, or lack of coordination due to age;
3. (c) Have reason to fear injury to his or her person or property or any other proper reason;
4. (d) Be properly trained and experienced in the use, functioning, and safe operation of the pistol; and
5. (e) Present a certificate from a certified firing range stating that the applicant has satisfactorily completed a course of supervised training approved by the Chief of Police with the weapon from which the license is requested and is fully familiar with the use and servicing of the weapon.

2303.10 Applicant shall test fire his or her weapon at the standard police course under Metropolitan Police Department supervision to demonstrate his or her ability to shoot accurately and safely. An additional fee of twenty dollars ($20) shall be required for this service. However, this test and fee shall not be required for license renewals.

2303.11 For the purposes of satisfying the specifications of §2303.9(c), applicant shall allege serious threats of death or serious bodily harm to his or her person or theft or destruction of property in writing, under oath. The applicant shall also allege that the threats are of a nature that the legal possession of a pistol would provide adequate protection.

2303.12 The Chief of Police or his or her designated agent shall conduct and investigation into the allegations of the applicant to determine if the alleged threats are serious and factual and are of a nature that can be protected by carrying a pistol. Factors to be considered include the substance of the alleged threat, whether or not the applicant made a timely report to the police of such threats, and whether or not the applicant has made a sworn complaint to the police in the courts of the District of Columbia.

2303.13 The Chief of Police or his or her designated agent shall find that normal police protection, a commission as a Special Police Officer pursuant to D.C. Code §4-114 (1981), or at the discretion of the Chief of Police, special police protection is insufficient to protect the applicant from the alleged threat to his or her person or property.

2303.14 An example of "any other proper reason" used to satisfy the requirements of §2303.9(c) may

include an application by a parent, son, daughter, sibling or other adult member of the immediate family of the person for the protection of the other person who is physically or mentally incapacitated to a point where he or she cannot act in defense of himself or herself, or his or her property.

2303.15 'Any other proper reason' shall not include the carrying of a pistol to or from the place of purchase of the weapon, or to or from the place of target practice, sporting or recreational activity.

SOURCE: Final Rulemaking published at 21 DCR 413 (September 3, 1974).