Firearms Control Emergency Amendment Act of 2008
Bill 17-886

Draft, July 14, 2008	Fiscal impact statement
Draft, July 8, 2008	Draft, June 30, 2008

Draft version released July 14, 2008

Councilmember Mendelson

A BILL IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

To amend, on an emergency basis, the Firearms Control Regulations Act of 1975 to provide for a registration process for pistols for use in self-defense within the home, to authorize the Chief of the Metropolitan Police Department to require a ballistics identification procedure for registered pistols, to set a one pistol registration per person policy for a period of 90 days after the effective date of this act, to clarify the firearm storage requirements and to include an exemption from those requirements for the use of a firearm for self-defense in the registered owner’s home, and to provide that a registered pistol owner shall not be required to obtain a license to carry the pistol within the registered pistol owner’s home.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the “Firearms Control Emergency Amendment Act of 2008".

Sec. 2. The Firearms Control Regulations Act of 1975, effective September 24, 1976 (D.C. Law 1-85; D.C. Official Code § 7-2501.01 et seq.), is amended as follows:

(a) Section 202 (D.C. Official Code § 7-2502.02) is amended as follows:

(1) Subsection (a)(4) is amended to read as follows

“(4) Pistol not validly registered to the current registrant in the District prior to September 24, 1976, except that the prohibition on registering a pistol shall not apply to:

“(A) Any organization that employs at least one commissioned special police officer or other employee licensed to carry a firearm and that arms the employee with a firearm during the employee’s duty hours;

“(B) A police officer who has retired from the Metropolitan Police Department; or “(C) Any person who seeks to register a pistol for use in self-defense within that person’s home.”.

(2) Subsection (b) is repealed.

(3) A new subsection (c) is added to read as follows:

“(c) Notwithstanding any other law, a person holding a valid registration for a pistol registered in accordance with subsection (a)(4) of this section shall not be required to obtain a license to carry the pistol within the person’s home.”.

(b) Section 203 (D.C. Official Code § 7-2502.03) is amended by adding new subsections (d) and (e) to read as follows:

“(d) The Chief shall require any registered pistol to be submitted for a ballistics identification procedure.

“(e) The Chief shall register no more than one pistol per registrant during the first 90 days after the effective date of the Firearms Control Emergency Amendment Act of 2008.”.

(c) Section 702 (D.C. Official Code § 7-2507.02) is amended to read as follows:

“Sec. 702. Each registrant shall keep any firearm in his or her possession unloaded and either disassembled or secured by a trigger lock, gun safe, or similar device, except that this requirement shall not apply to:

“(1) Law enforcement personnel described in section 201(b)(1);

“(2) A firearm that is kept at the registrant’s place of business and not the registrant’s home;

“(3) A firearm while it is being used to protect against a reasonably perceived threat of immediate harm to a person within the registrant’s home;

“(4) A firearm while it is being used outside of the home for lawful recreational purposes; or

“(5) A firearm while it is being transported for a lawful purpose as expressly authorized by District or federal statute and in accordance with the requirements of that statute.”. 

Sec. 3. Fiscal impact statement.

The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact statement required by section 602(c)(3) of the District of Columbia Home Rule Act, approved December 24, 1974 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(3)).

Sec. 4. Effective date.

This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), and shall remain in effect for no longer than 90 days, as provided for emergency acts of the Council of the District of Columbia in section 412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788; D.C. Official Code § 1-204.12(a)).  

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Fiscal Impact Statement, July 15, 2008

Government of the District of Columbia
Office of the Chief Financial Officer

Natwar M. Gandhi
Chief Financial Officer

MEMORANDUM 

TO: The Honorable Vincent C. Gray, Chairman, Council of the District of Columbia
FROM: Natwar M. Gandhi, Chief Financial Officer
DATE: July 15, 2008
SUBJECT: Fiscal Impact Statement: "Firearms Control Emergency Amendment Act of 2008"
REFERENCE:   Draft - Bill Number Not Available

Conclusion

Funds are sufficient in the FY 2008 budget and the proposed FY 2009 through FY 2012 budget and financial plan to implement the proposed legislation. Implementation of the proposed legislation would result in initial expenditures of $1.95 million and annual costs of $860,000. Resources will be made available to fund this legislation but the shift in resource use would have an operational impact on the Metropolitan Police Department (MPD). In addition, while a registration fee for registering firearms is not reflected in the proposed legislation, it is anticipated that a fee will be implemented in such a way to offset some of the future costs of firearms registration.

Background

The proposed legislation would amend multiple sections of D.C. Official Code to allow District residents to register pistols for use in self-defense within the registrant's home. Specifically, the proposed legislation would:

• Allow a District resident to register a pistol for use in self-defense within the registrant's home (D.C. Official Code § 7-2502.02);

• Require the Chief of the Metropolitan Police Department (Chief) to conduct a ballistics identification procedure on all registered pistols (D.C. Official Code § 7-2502.03);

• Limit registration to no more than one pistol per registrant in the first 90 days after the effective date of this legislation (D.C. Official Code § 7-2502.03); and

• Allow a firearm to remain loaded and unsecured within the registrant's home if the firearm is being used to protect against a "reasonably perceived" threat of immediate harm within the registrant's home (D.C. Official Code § 7-2507.02).

Financial Plan Impact

Funds are sufficient in the FY 2008 budget and the proposed FY 2009 through FY 2012 budget and financial plan to implement the proposed legislation. Implementation of the proposed legislation would result in initial expenditures of $1.95 million and annual costs of $860,000. Resources will be made available to fund this legislation but the shift in resource use would have an operational impact on the Metropolitan Police Department (MPD).

Initial costs to implement the legislation would total $1.95 million and would include the following, which would be incurred in FY 2008:

• Ballistics Identification: $1,081,467

  • Bullet testing component

  • Cartridge testing component

  • Wiring/cabling component

  • Testing supplies

  • Mobile bullet capturing devices

• Personnel: $608,202

  • 5 DS-9 Compensation for Firearms Examination Unit

  • 2 DS-9 Compensation for Gun Registration Unit

• Examination Secure Space: $258,000

MPD will use existing resources to fund $660,000 of the ballistics identification equipment. The additional funding ($422,000) required to purchase and implement the ballistics testing equipment would come from available funds in the master equipment lease purchase program. Because the proposed legislation would be implemented immediately, existing personnel would be used to staff the firearms examination and gun registration units. Although the use of existing staff would not result in a fiscal impact, it would result in shifting resources away from other duties within MPD. The cost of additional space would be covered by funds from the Office of Property Management.

In addition, while a registration fee for registering firearms is not reflected in the proposed legislation, it is anticipated that a fee will be implemented in such a way to offset some of the future costs of firearms registration.

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Draft version released July 8, 2008

Councilmember Mendelson

A BILL IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

To amend, on an emergency basis, the Firearms Control Regulations Act of 1975 to repeal the prohibition on the registration of pistols and to establish a self-defense exception to the requirement for safe storage of firearms in the home.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the “Firearms Control Emergency Amendment Act of 2008".

Sec. 2. The Firearms Control Regulations Act of 1975, effective September 24, 1976 (D.C. Law 1-85; D.C. Official Code § 7-2501.01 et seq.), is amended as follows:

(a) Section 202 (D.C. Official Code § 7-2502.02) is amended as follows:

(1) Subsection (a)(4) is repealed.

(2) Subsection (b) is repealed.

(b) Section 702 (D.C. Official Code § 7-2507.02) is amended to read as follows:

“Sec. 702. Except for law enforcement personnel described in section 201(b)(1), each registrant shall keep any firearm in his or her possession unloaded and either disassembled or bound by a trigger lock or similar device unless such firearm is kept at his or her place of business, or while being used for lawful recreational purposes within the District of Columbia, or for the purpose of immediate self-defense in his or her home.”.

Sec. 3. Fiscal impact statement.

The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact statement required by section 602(c)(3) of the District of Columbia Home Rule Act, approved December 24, 1974 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(3)).

Sec. 4. Effective date.

This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), and shall remain in effect for no longer than 90 days, as provided for emergency acts of the Council of the District of Columbia in section 412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788; D.C. Official Code § 1-204.12(a)).

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Draft Version Released June 30, 2008

To amend the Firearms Control Regulations Act of 1975 to repeal the prohibition on the registration of pistols, to require a ballistics record for each registered pistol, to require a waiting period when registering a firearm, and  to establish a self-defense exception to the requirement for safe storage of firearms in the home. 

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, that this Act may be cited as the “Firearms Control Amendment Act of 2008". 

Section 2.  The Firearms Control Regulations Act of 1975, effective September 24, 1976 (D.C. Law 1-85; D.C. Official Code § 7-2501.01, et seq.) is amended as follows: 

(a) Section 202 (D.C. Official Code § 7-2502.02) is amended as follows: 

(1) Subsection (a)(4) is repealed; and 

(2) Subsection (b) is repealed. 

(b) A new section 203a is added to read as follows:

“203a.  Ballistics Record. “For each pistol subject to an application for a registration certificate the Chief shall obtain an accurate ballistics print.”. 

(c) Section 206(a) (D.C. Official Code § 7-2502.06(a)) is amended to read as follows: 

“(a) An application for a registration certificate shall be filed, and a registration certificate issued, prior to a person or organization having possession of the firearm in the District.  The Chief may authorize possession of a firearm without a registration certificate having been issued only if an application for a registration certificate has been filed and such other requirements have been met as the Chief prescribes by regulation.”. 

(d) Section 702 (D.C. Official Code § 7-2507.02) is amended to read as follows: 

“Sec. 702.  Except for law enforcement personnel described in section 201(b)(1), each registrant shall keep any firearm in his or her possession unloaded and either disassembled or bound by a trigger lock or similar device unless such firearm is kept at his or her place of business, or while being used for lawful recreational purposes within the District of Columbia, or for the purpose of immediate self-defense in his or her home.”. 

Sec. 3. Fiscal Impact Statement. The Council adopts the fiscal impact statement in the committee report as the fiscal impact statement required by section 602(c)(3) of the District of Columbia Home Rule Act, approved December 24, 1974 (87 Stat. 813, D.C. Official Code § 1-206(02(c)(3)).

Section 4.  Effective Date.

This Act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), a 30-day period of Congressional review as provided in section 602(c)(2) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(2)), and publication in the District of Columbia Register.