3862557 Resolution 19-588, "Firearms Second Congressional Review Emergency Declaration Resolution of 2012"

A RESOLUTION

 

19-588 

 

IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

 

October 2, 2012                             

 

 

To declare the existence of an emergency, due to Congressional review, with respect to the need to amend the Firearms Control Regulations Act of 1975 to define “firearms instructor” and allow a person to temporarily possess a firearm while participating in a firearms training and safety class; to clarify that a registration certificate may be issued to a firearms instructor or organization employing a firearms instructor, or to a person who complies with the registration requirements; to provide that a firearms instructor or organization that employs a firearms instructor may register a pistol;  to clarify that the requirement to demonstrate knowledge of the District’s firearms laws is a one-time requirement per applicant; to repeal the requirement for a vision test and provide that an individual who is legally blind may not register a firearm; to revise the training requirement for firearms registration and provide for certain exceptions; to repeal the requirement that each pistol be submitted for ballistic identification as part of the registration process; to eliminate the requirement that registrants produce photographs and instead require the Chief of Police to take a digitalized photograph and fingerprints at the time of registration; to eliminate the requirement that registrants submit to a background check every 6 years; to clarify that registration may be renewed online, by mail, or in person; to require the creation of a system for registration renewal by January 1, 2014; permit the District to temporarily act as a federal firearms licensee when one is not commercially available; to extend to January 1, 2014 the date by when semiautomatic pistols must be microstamp-ready; to exempt a person who has lawfully registered a firearm from certain prohibitions against unregistered ammunition; to allow for temporary possession of ammunition while participating in a firearms training and safety class; to harmonize various provisions in the laws pertaining to firearms; and to make other technical corrections and clarifications; to amend 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 to remove outdated language regarding the granting of licenses to carry weapons, to clarify that law enforcement officers are not excepted from the provision prohibiting possession of a firearm while committing certain crimes, and to make other technical corrections and clarifications; and to amend section 23-1331 of the District of Columbia Official Code to make a technical correction.

 

RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this resolution may be cited as the “Firearms Second Congressional Review Emergency Declaration Resolution of 2012”.

 

Sec. 2.  (a)  There exists an immediate need to implement the provisions of Bill 19-614, the Firearms Amendment Act of 2012 (“Firearms Amendment Act”), which was approved by the Council on 2^nd reading on April 17, 2012 (D.C. Act 19-366; 59 DCR 5691). 

(b)  The Firearms Amendment Act makes changes to the firearms registration process including revising the training requirement, enabling firearms training within the District, eliminating any vision requirement except for the legally blind, repealing the ballistics test requirement, delaying microstamping requirements until January 1, 2014, delaying re-registration until January 1, 2014 in order to give time for implementation by MPD, repealing the fee for re-registration, authorizing the Mayor to act as a federal firearms licensee if no other federal firearms licensee is operating in the District, removing the burden for an applicant or registrant to submit a photograph and to submit to a background check every 6 years, and eliminating most requirements on what ammunition a registrant may possess.

 (c)  This Congressional review emergency would implement all of the provisions of the Firearms Amendment Act. 

(d)  Certain portions of the Firearms Amendment Act, such as registration renewal, were effective immediately.  Other portions had an effective date of July 1, 2012, in order to allow MPD sufficient time to implement the changes made by the Firearms Amendment Act, including creating a training video in lieu of the classroom and range training requirement. 

(e)  The provisions of the Firearms Amendment Act, which are necessary to clarify and simplify the registration process, should be implemented now.  If this Congressional review emergency is not adopted, then some provisions, such as registration renewal, will revert to old and outdated requirements.

(f)  On March 6, 2012, the Council passed the Firearms Registration Emergency Act of 2012, effective March 18, 2012 (D.C. Act 19-324; 59 DCR 2258), which, among other provisions, immediately implemented the extension of time for MPD to create a system for re-registration of firearms until January 1, 2014.  On April 17, 2012, the Council passed additional emergency legislation, the Firearms Emergency Amendment Act of 2012, effective May 11, 2012 (D.C. Act 19-352; 59 DCR 5116), which superseded the March 6, 2012 emergency, in order to immediately implement the provisions of the Firearms Amendment Act (D.C. Act 19-366).  This was necessary because, in light of the 60-day Congressional review period and the Congressional calendar, D.C. Act 19-366 is unlikely to become effective until late fall.  The Firearms Emergency Amendment Act of 2012 will expire on August 9, 2012.  

(g)  On July 10, 2012, the Council passed the Firearms Amendments Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-394; 59 DCR 8694) in order to prevent a gap in the law.  Act 19-394 is set to expire on October 16, 2012.  The Firearms Amendment Act is still pending Congressional review with a projected law date of October 31, 2012.

(h)  This second Congressional review emergency is necessary to prevent a gap in the law.

 

Sec. 3.  The Council of the District of Columbia determines that the circumstances enumerated in section 2 constitute emergency circumstances making it necessary that the Firearms Second Congressional Review Emergency Amendment Act of 2012 be adopted after a single reading.

 

Sec. 4.  This resolution shall take effect immediately.