DC Permit Process Will Make Your Blood Boil

[Gary Slider]

Not long after Heller DC repealed the section of their laws dealing with Carry Licenses. I believed they removed the law to stop more law suits. I was totally wrong. It just took them awhile to get the new edition of their Carry License Law on line. They moved it to a different chapter. This is what will appear on the DC page at handgunlaw.us under "How to Apply for a Permit" It is long but it is worth the read to see how far out of control those in charge of DC are. You can go directly to their who law on firearms at this link:
http://os.dc.gov/os/frames.asp?doc=/..._chapter23.pdf
It is a big file so give it time.

Title 24
Chapter 23
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 22-32-17 (1981)

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.

2303.9 Applicant shall comply with the following requirements:

(a) Be over twenty-one (21) years of age;
(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;
(c) Have reason to fear injury to his or her person or property or any other proper reason;
(d) Be properly trained and experienced in the use, functioning , and safe operation of the pistol; and
(e) Present a certification 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 licensed 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 DC 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.

Note: There are other requirements they can insist on to obtain a License. You need to read the who law by clicking on the Title/Chapter Link.

Title 24
Chapter 23
2304 Licenses For Concealed Weapons

2304.1 A license granted for concealed weapons shall be valid for one (1) month from the date of issuance.

2304.2 A license may be renewed at the end of one (1) month upon a written showing of continue d need for the license. Applicants who fail to apply for a renewed license before the expiration date, shall be required to pay the application fee for re-application.

2304 .3 Only one (1) weapon shall be carried pursuant to a license. The description and serial number of the weapon shall be part of the license. A new license shall be required for each different weapon carried.

2304.4 At the time of the initial interview with the Chief of Police or his or her designated agent, applicant shall bring the pistol which he or she will carry pursuant to the license and the holster or holsters in which the weapon will be carried.

2304.5 Applicant shall surrender possession of the weapon and holster to the Metropolitan Police Department for a check to determine whether the weapon was reported stolen, to verify that the weapon is safe, in good operating condition, and to obtain test fired ballistics specimens for future comparison if the weapon is fired and to ensure that the holster(s) meets minimum standards for safe carrying of the weapon.

2304.6 If the weapon is reported stolen, the weapon shall not be returned to the applicant until it is properly processed through the Metropolitan Police Department Property Division and a determination of the rightful owner is made.

2304.7 If the pistol is found not to be in good operating condition, the pistol shall be returned to the applicant. No license shall be issued for a pistol which is not in the rightful possession of the applicant or which is not in good operating condition.

2304.8 The pistol for which the license is applied shall be a five (5) or six (6) shot revolver of no greater than a thirty-eight (.38) calibre. Automatic or semi-automatic pistols shall not be approved.

2304.9 Ammunition for the weapon may be no greater in size than a one hundred fifty-eight (158) grain round nose lead bullet and have a velocity of no greater than eight hundred feet (800 ft.) per second. Each weapon shall be carried in a holster approved by the Chief of Police or his or her designated agent.

2304.10 Any intentional false statement made on an application can be grounds for criminal charges for making a false report to the police under this chapter.

2304.11 Any information contained on the application for a license to carry a pistol shall be available to any law enforcement agency for law enforcement purposes. Otherwise, the information contained on the application for a license to carry a pistol shall be considered confidential and shall not be released without the written permission of the applicant.

2304.12 An applicant shall identify all known medical and mental records and sign written release for the Chief of Police or his or her designated agent to obtain the records. These records shall be used only for determining eligibility to be licensed to carry a pistol and for no other purpose.

2304.13 This section shall apply to all applicants for a license to carry a pistol and all renewals of licenses currently possessed.

2304.14 Each licensee shall submit a report to the Chief of Police each time he or she fires his or her weapon. The report shall state the complete details of the shooting of the weapon.

2304.15 An applicant shall register the pistol for which the license will apply.

2304.16 A license to carry a weapon shall be required whether the weapon is to be carried openly or on or about the person in a concealed manner.

2304 .17 Applicants shall first be personally interviewed by the Chief of Police or his or her designated agent at which time applicant shall be fingerprinted and photographed and shall obtain an application form .

2304.18 Applications shall be made in writing only on the forms provided by the Chief of Police or his or her designated agent for that purpose.

2304.19 Applicants shall submit to the Chief of Police or his or her designated agent the following:
(a) A completed application; and
(b) The required fee of two dollars ($2) which is non•refundable.

2304.20 Upon receipt of a duly filed application, the Chief of Police or his or her designated agent shall, within thirty (30) days, do the following:
(a) Determine whether the application shall be approved;
(b) Determine whether the application shall be denied;
(c) Determine whether the applicant shall submit further information including further personal interviews or medical information, if necessary; and
(d) Notify the applicant in writing that his or her application has been approved or disapproved.

2304.21 Upon notification that his or her application has been approved, the Chief of (' Police, or his or her designated agent shall, within ten (10) days, issue the applicant a license to carry a pistol.

2304.22 An issued license may be revoked for any reason which would act as a bar to an original application for a license. In addition, a license may be revoked for misuse of the weapon. Misuse includes, but is not limited to the following:
(a) Firing warning shots; and
(b) Playing or "clowning" with the weapon.

2304.23 Revocation shall be in writing and shall be served in the same manner a civil process in the D.C. Superior Cout.

2304.24 If the Chief of Police or his or her designated agent has not sent notice to the applicant that the application has been approved within thirty (30) days of the date of application, the application shall be presumed to be denied.

2304.25 Application forms shall include a written release of medical records necessary for a determination that the applicant is a suitable person to be licensed to carry a pistol.

[44 AMP]

not very picky are they?

[dec41971]

I don't know if to laugh or cry. Why bother? I am laughing so hard it hurts. Basically nothing has changed, you still can't get a permit in DC. By the way there is only one authorized range and what can be sold is also restricted. The criminal are not exactly planning on lining up for one are they?And they have never needed ranges, they just us public spaces for ranges and other humans for targets. And trust me they are plentiful in DC. All they are saying is citizen shall not have a gun. Whats ironic is Virginia is a short trip across the river and their streets are not covered in human blood. DC probably has more gun violence that all of Virginia.

[HoraceHogsnort]

Why would any of us be surprised by this?

[gc70]

Washington has long needed a process to allow the favored few to legally carry a concealed weapon; now they have one.

[JBial]

Wow! Just, wow. Like it's been said why bother.

[SwampYankee]

1 month permits? Really? You have to justify your need for every month of the year, one month at a time? Can this process be legally contested?

[Al Norris]

Can it be challenged? Already is.

Heller II is before the D.C. Circuit Court of Appeals and Palmer is waiting (and waiting, and waiting) a decision in District Court.

[Standing Wolf]

Hmmm. Maybe we should make Washington—both the city and the feral government—jump through lots of hoops before we let it have any money.

[Sefner]

If I lived in DC and had a ton of time on my hand I would be flooding the Police Chief with papers because of this. I think I would practice with my pistols 2 or 3 times a day (and thus have to submit the required forms stating I practiced with the pistol pursuant to 2304.14, upon which I would include complete details as required by 2304.14 including time of day, weather, location including GPS coordinates, how many rounds were fired, what clothes I was wearing, what my mood was during and after the shoot, whether any of my friends were with me, pictures of my practice targets, the brand and model of ear protection I wore, whether or not I saw anything funny at the range, and even the results of a chronograph test pursuant to 2304.9 ...), I would repeatedly register as many pistols as I possibly could to get the permits for as many as I could and pay in all nickles, and make sure that the Chief is aware that I recently had to get my prostate exam pursuant to 2304.12. Also for my reason to fear for my life or property I would always state the Washington DC crime rates.

I'm sure they would be impressed

[Spats McGee]

Wow. Concealed carry licenses only good for a month, only for one approved & registered revolver, no semi-autos, .38 or smaller, 800 fps or slower, only in an approved holster and you have to file a report with the police every time you fire the weapon?!?!? That's ridiculous.

[MLeake]

... can we expect the court to start levying fines against the District for this kind of loophole-ism?

Is it reasonable to expect that Alan Gura might try to hurt them in the wallet over this?

[BILLtheDJguy]

I have some yard work that I need done....I wonder if the teenager who wrote that is available???

I especially like...

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.

There goes the "al-queda might drop a plane on my house because I live so close to NY" defense, unless you can effctively redirect said plane with a well placed snub nose shot...

[BILLtheDJguy]

And if you say that EVERYONE is a potential threat, then they will have THEIR shrink, say you are crazy....I love it..
What a joke.

[Brian Pfleuger]

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 DC 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.

2304.9 Ammunition for the weapon may be no greater in size than a one hundred fifty-eight (158) grain round nose lead bullet and have a velocity of no greater than eight hundred feet (800 ft.) per second. Each weapon shall be carried in a holster approved by the Chief of Police or his or her designated agent.

Oh

My

God


These people are insane.

Originally Posted by MLeake

At what point...
... can we expect the court to start levying fines against the District for this kind of loophole-ism?

Is it reasonable to expect that Alan Gura might try to hurt them in the wallet over this?

I wonder the same thing. This is so obviously intentional. It amounts to nothing but spite. There is no way they can argue any rationale basis for this kind of crap.


What sort of gun is going to shoot a 158gr, or smaller, bullet at or under 800fps? I mean, surely they exist, but where is the commercial ammo that meets those standards?
That singular standard makes the law unreasonable, say nothing of the rest. What are your options? A 380 with a 2" barrel?

[egor20]

The only time I even bother to go to DC is when relatives want to visit something, I'll just stay here in Virginia safe and armed

[MLeake]

... you can't use a .380 with a 2" barrel, because DC specified a five or six shot revolver, only.

I suspect DC will have to be penalized monetarily before this changes.

[KLRANGL]

Man, I got super excited when I read 2303.1(b), and I was gona apply just for the hell of it.

Then I started reading the rest of it...

And got sadder and sadder with each passing line.

This is why I never go to DC... Except for Caps games
And when my girlfriend makes me

[Brian Pfleuger]

Originally Posted by MLeake

No, PK...
... you can't use a .380 with a 2" barrel, because DC specified a five or six shot revolver, only.

Oh, crap, you're right. I was sort of speed reading. I saw the "semi-auto" part but missed "shall not". I was figuring they REQUIRED semi-autos.

So, they effectively require a 38 Special.



Oh, and the license is good for ONE month. That's awesome. How long does approval take? 2 years?!

[BILLtheDJguy]

What happens when they start assigning "special officers" to an applicant to avoid issuing a permit, only to have someone get killed in the officer's normal patrol area, due to lack of presence?

[Yellowfin]

This is clearly an attempt to moot the Palmer case. Will it work?

[Tom Servo]

Is it reasonable to expect that Alan Gura might try to hurt them in the wallet over this?

The District is doing its absolute best to comply with the Supreme Court's Heller ruling as little as possible. In the wake of the decision, they came up with a registration scheme that theoretically allowed registration of privately-owned handguns, but made it as difficult as possible.

This [pdf] is what you have to go though just to own a handgun in DC. There was a challenge to the scheme in the District Court. It ruled that the 2nd Amendment only deserved "intermediate scrutiny," and that,

the District's registration scheme did not unduly burden the citizens of the District based on arguments from the defendants that the various measures in place serve the government's interest in "accomplishing the District's public safety goals." (pp. 17-20)

One of the problems I saw with the case was that it challenged several facets of the District's law rather than just focusing on one or two. There are some potentially novel and effective strategies we can use to chip away at it, not the least of which would be an ADA lawsuit based on this:

[the applicant shall] 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

As far as the requirement that the applicant "have reason to fear injury to his or her person or property or any other proper reason," that's being addressed by an SAF suit in Maryland (Woollard v. Sheridan et Alii). They are also spearheading a similar lawsuit against New Jersey's regulations.

I wonder if we're not barking up the wrong tree by going after the District specifically. We could get certain precedents (such as an acknowledgment for strict scrutiny) settled elsewhere, which could then be used to enjoin the District.

[Al Norris]

UM, I know it's hard to see, but most of this law was written in 1976. Some were updated in '77. The City Council repealed the provisions for the police to actually issue a permit in 2008.

So this doesn't invalidate (moot) the cases.

[boredom]

it seems that the gun laws every where north of virginia are ridiculous.

[Brian Pfleuger]

Originally Posted by boredom

it seems that the gun laws every where north of virginia are ridiculous.

That's the perception. Truth is, a lot of NYs laws are better than a lot of the laws in Texas regarding firearms. It seems that most states have a mix of good and bad.

DC is, almost literally, a whole different world.