5147710 Police Department, Metropolitan - Notice of Emergency and Proposed Rulemaking - Firearms Training Instructor Certification
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METROPOLITAN POLICE DEPARTMENT
NOTICE OF EMERGENCY AND PROPOSED RULEMAKING
The Chief of the Metropolitan Police Department (Chief), pursuant to the authority under Section 910 of the Firearms Regulations Control Act of 1975 (Act), signed October 9, 2014 (D.C. Act 20-0447; 61 DCR 10765 (October 17, 2014)), and any substantially similar emergency, temporary, or permanent versions of this legislation, hereby gives notice of the adoption, on an emergency basis, of amendments to Chapter 23 (Guns and Other Weapons) of Title 24 (Public Space and Safety) of the District of Columbia Municipal Regulations (DCMR).
Emergency rulemaking action is necessary to establish procedures for firearms training instructors to obtain a certification from the Chief, for the purpose of providing firearms safety training to potential applicants for a license to carry a concealed pistol, pursuant to the Act. A recent court decision has determined that such a licensing scheme must be in place before the District can enforce its criminal provisions against carrying firearms openly or concealed. As a result of the injunction issued in that decision, there is an immediate need to protect the health, safety, security, and welfare of District residents by having a firearms training instructor certification procedure as part of the licensing scheme authorized by the Act, as further described in the License to Carry a Pistol Emergency Declaration Resolution, effective September 23, 2014 (Res. 20-615; 61 DCR 10491 (October 10, 2014)).
This emergency rulemaking was adopted on October 20, 2014, became effective immediately, and will remain in effect for up to one hundred twenty (120) days from the date of its adoption, until February 17, 2015, or upon publication of a Notice of Final Rulemaking in the D.C. Register.
In addition, the Chief gives notice of the intent to take final rulemaking action to adopt these amendments in not less than thirty (30) days from the date of publication of this notice in the D.C. Register.
Chapter 23, GUNS AND OTHER WEAPONS, of Title 24, PUBLIC SPACE AND SAFETY, of the DCMR is amended as follows:
Section 2331, FEES, is amended to read as follows:
2331 FEES
2331.1 The following fees shall be charged in connection with the services provided under this chapter:
(a) Accident reports – $ 3.00;
(b) Arrest records – $7.00;
(c) Fingerprints – $35.00;
(d) Firearm registration – $13.00;
(e) Firearms training instructor certification – $400.00; and
(f) Transcript of records – $3.00.
New Section 2347 is added to read as follows:
2347 FIREARMS TRAINING INSTRUCTOR CERTIFICATION
2347.1 Any person providing firearms training to an applicant for a concealed carry license shall obtain a valid certification issued by the Chief in accordance with this section.
2347.2 A certified firearms training instructor shall obtain proof of certification from the Chief before providing instruction to an applicant for a concealed carry license.
2347.3 Upon a person’s satisfactory completion of a required firearms training course, a certified firearms training instructor shall:
(a) Provide the person a firearms training certificate that includes:
(1) The person’s name and date of birth;
(2) The instructor’s name;
(3) The length in hours of the course;
(4) The date of course completion;
(5) The location of the training;
(6) A declaration certifying that the course met the minimum standards prescribed by the Act and the Chief; and
(7) A declaration certifying that the person completed the course; and
(b) Submit the requisite information to the Firearms Registration Section.
2347.4 A certified firearms training instructor application shall be submitted to the Security Officers Management Branch in the format prescribed by the Chief.
2347.5 The certified firearms training instructor application shall:
(a) Meet, with the exception of Section 203(a)(13)(A) (D.C. Official Code § 7-2502.03(a)(13)(A) (2014 Supp.)), all of the requirements for a person registering a firearm pursuant to the Firearms Control Regulations Act of 1975 (the Act), effective September 24, 1976 (D.C. Law 1-85; D.C. Official Code §§ 7-2501.01 et seq. (2012 Repl. & 2014 Supp.));
(b) Include the applicant’s name, address, driver’s license or other government issued photographic identification, place and date of birth, home address and telephone number, work address and telephone number, email address, name and location of firing range to be used to provide training, and business website address (optional);
(c) Include proof of the applicant’s formal training in the care, safety, and use of firearms, which may be satisfied pursuant to the conditions stated in Section 902(c) of the Act;
(d) Include proof of the applicant’s minimum of one (1) year of experience in instruction in the care, safety, and use of handguns; and
(e) Include a detailed syllabus describing the methods and materials the trainer will use to conduct the firearms training for a concealed carry license.
2347.6 Any person licensed by the Chief as of the effective date of the Act to provide firearms instruction training to special police officers and who is seeking to be certified under this section shall not be required to pay the fees listed under § 2331.1; provided, that he or she shall pay the fees upon renewal of his or her firearms instructor license in March 2015.
2347.7 Upon receipt of a properly completed application, the Chief shall issue a certification or denial to the applicant within a reasonable time.
2347.8 A certified firearms training instructor license expires two (2) years from the date of issuance.
Section 2399, DEFINITIONS, is amended by adding the following definition:
2399 DEFINITIONS
Security Officers Management Branch – a part of the Police Business Services Division of the Metropolitan Police Department, located at 2000 14th Street, N.W., Washington, D.C. 20009.
All persons interested in commenting on these proposed rulemaking action may submit comments in writing to Kelly O’Meara, Executive Director, Strategic Change, Metropolitan Police Department, 300 Indiana Avenue, NW, Suite 5117, Washington, DC 20001, or via e-mail at Gun.Regulations@dc.gov. Comments must be received no later than thirty (30) days after publication of this notice in the D.C. Register. Copies of the proposed rules can be obtained from the address listed above. Copies of this proposal may be obtained, at cost, by writing to the above address.
