2309.1 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.

2309.2 Serious injury shall be deemed to have occurred where the victim remains in a hospital in excess of forty-eight (48) hours.

2309.3 The existence of a record described in §2307.1 showing a conviction which makes a person ineligible to possess a pistol under D.C. Code §22-3203 (1981), shall establish that the person is disqualified from possessing a rifle or shotgun under §203(a)(9) of the Act.

2309.4 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unless the applicant can demonstrate by a certified court record establishing that the order has expired or has been rescinded for a period of 5 years.

2309.5 A court record showing the applicant is a respondent in which a foreign protection order (as defined in D.C. Official Code § 16-1041) 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unless the applicant can demonstrate by a certified court record establishing that the order has expired or has been rescinded for a period of 5 years.

2309.6 Arrest records within 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 § 22-407, regarding threats to do bodily harm, or D.C. Official Code § 22-404, regarding assaults and threats, any crime of violence as defined in the D.C. Official Code § 23-1331, or any similar provision of the law of any other jurisdiction so as to indicate a likelihood to make unlawful use of firearm.

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 Notice of Emergency and Proposed Rulemaking published at 56 DCR 624 (January 16, 2009)[EXPIRED]; as amended by Notice of Final Rulemaking published at 56 DCR 4380, 4381 (June 5, 2009).