2309

OTHER DISQUALIFICATIONS FOR REGISTRATION

2309.1

An applicant shall be denied a firearm registration if the applicant:

(a) Has been adjudicated negligent in a firearm mishap causing death or serious injury to another human being. For purposes of this paragraph:

(1) The Chief may consider any 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; and

(2) The term “serious injury” shall have the same meaning as the term “serious bodily injury” as provided in Section 806a(d) of An Act To establish a code of law for the District of Columbia, effective August 20, 1994 (D.C. Law 10-151; D.C. Official Code § 22-404 .01(d));

(b) [RESERVED];

(c) Has been convicted of an offense that makes it unlawful for the applicant to own, keep, or possess a firearm in the District of Columbia under Section 3 of An Act To control the possession, sale, transfer and use of pistols and other dangerous weapons in the District of Columbia, to provide penalties, to prescribe rules of evidence, and for other purposes, approved July 8, 1932 (47 Stat. 651; D.C. Official Code § 22-4503);

(d) Has been a respondent in an intrafamily proceeding in which a civil protection order was issued against the applicant pursuant to D.C. Official Code § 16-1005, unless the applicant can demonstrate by a certified court record establishing that the order has expired or has been rescinded for a period of five (5) years;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) Has been a respondent in a proceeding in which a foreign protection order, as that term is defined in D.C. Official Code § 16-1041(2), 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unless the applicant can demonstrate by a certified court record establishing that the order has expired or has been rescinded for a period of five (5) years;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) Has had a history of violent behavior within the past five (5) years immediately preceding the application. For purposes of this paragraph, the Chief may consider any relevant evidence, including, but not limited to, information contained in law enforcement records or other governmental

records, or from non-governmental sources;

(g) Has been convicted within the past five (5) years of two (2) or more violations of any law in the District or another jurisdiction restricting driving under the influence of drugs or alcohol; or

(h) Is otherwise disqualified under section 203(a) of the Act (D.C. Official Code § 7-2502.03(a)).

2309.2 For purposes of §§ 2309.1(c)-(e) and (g), the Chief may consider a record described in § 2307.1.

2309.3 The prior revocation or denial of a person’s firearm registration application shall not on its own constitute the basis for the denial of a subsequent firearm registration application; however, the evidence underlying the prior revocation or denial may be considered by the Chief in determining whether the person is qualified to receive a firearm registration pursuant to the person’s subsequent registration application.

SOURCE: 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); as amended by Final Rulemaking published at 72 DCR 005751 (May 9, 2025).