5325123 Resolutions 20-741, License to Carry a Pistol Second Emergency Declaration Resolution of 2014
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A RESOLUTION
20-741
IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
December 17, 2014
To declare the existence of an emergency with respect to the need to amend the Firearms Control Regulations Act of 1975 to permit a person to register a firearm for self-defense in his or her place of business, to provide a Freedom of Information Act exception for pistol registration information, to specify application requirements for applying for a license to carry a concealed pistol, to specify the duration of such licenses and requirements for renewal of licenses, to establish duties of licensees, to provide for revocation of licenses, to create a criminal offense of carrying while consuming alcohol or while impaired, to specify prohibitions on licensees, to establish a Concealed Pistol Licensing Review Board, to provide a Freedom of Information Act exception for license information, to specify penalties for violations, and to require the Mayor to issue rules; and 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 authorize the Chief of Police to issue licenses to carry a concealed pistol to District residents and non-residents provided certain conditions are met.
RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this resolution may be cited as the “License to Carry a Pistol Second Emergency Declaration Resolution of 2014”.
Sec. 2. (a) On July 24, 2014, the United States District Court for the District of Columbia issued a decision in the case of Palmer v. District of Columbia, 2014 WL3702854 (D.D.C. 2014), finding the District’s complete ban on the carrying of handguns in public is unconstitutional. This order was made public on July 26, 2014.
(b) The Court’s ruling enjoined the District from enforcing local law prohibiting the carrying of firearms in public by District residents, and by non-residents based solely on the fact that they are not residents of the District of Columbia.
(c) On July 28, 2014, the District filed a motion to stay the Court’s ruling pending appeal or, in the alternative, for 180 days. The District also asked the Court to grant an immediate stay of its ruling while it evaluated this motion.
(d) In response, on July 29, 2014, the Court granted the District’s motion for a stay, for 90 days or until October 22, 2014, in order to allow the Council an opportunity to enact legislation consistent with the Palmer ruling.
(e) On September 23, 2014, the Council approved Bill 20-926, the License to Carry a Pistol Emergency Amendment Act of 2014 (D.C. Act 20-447; 61 DCR 10765), which reflected the Council’s response to the Palmer case, and put into place, on an emergency basis, a scheme for the Chief of Police to issue licenses to carry concealed pistols in the District to both residents and nonresidents.
(f) The License to Carry a Pistol Amendment Act of 2014, passed on 2nd reading on December 17, 2014 (Enrolled version of Bill 20-930), a permanent version of Bill 20-926, was introduced simultaneously with Bill 20-926 in order to allow the public opportunity to comment on the measure with sufficient time for Council approval before the end of the Council Period.
(g) On October 7, 2014, the Council approved Bill 20-965, the License to Carry a Pistol Clarification Emergency Amendment Act of 2014, effective October 9, 2014 (D.C. Act 20-448; 61 DCR 10777), to correct an issue with the applicability of D.C. Act 20-447. Enacting Bill 20-965 was necessary in the interest of public safety and to ensure that carrying a concealed pistol will not be permitted in the District unless a license to do so has been obtained.
(h) On October 7, 2014, the Council also approved Bill 20-927, the License to Carry a Pistol Temporary Amendment Act of 2014, enacted on October 31, 2014 (D.C. Act 20-462; 61 DCR 11814), which enacted, on a temporary basis, the provisions of D.C. Act 20-447, as amended by D.C. Act 20-448.
(i) The permanent legislation has moved through the committee process, and on November 25, 2014, the Committee on the Judiciary and Public Safety approved Bill 20-930, with amendments.
(j) On December 2, 2014, the Committee of the Whole, to which Bill 20-930 was sequentially referred, approved Bill 20-930, with additional amendments.
(k) On December 2, 2014, the Council approved Bill 20-930, as amended by the Committee on the Judiciary and Public Safety and the Committee of the Whole, on 1st reading.
(l) Bill 20-930 is scheduled for 2nd reading on December 17, 2014.
(m) There exists an immediate need to implement the provisions of Bill 20-930, and to supersede D.C. Act 20-447 and D.C. Act 20-462, so that the legislation in place on an emergency basis reflects Bill 20-930 as approved by the Council.
(n) Enacting the License to Carry a Pistol Second Emergency Amendment Act of 2014 immediately will ensure implementation of a licensing scheme and enforcement on an immediate basis that is consistent with the provisions of Bill 20-930, and will continue to ensure that the District has a system in place for law-abiding and qualifying residents and non-residents of the District to apply to carry a concealed pistol in compliance with the Court’s order in Palmer.
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 License to Carry a Pistol Second Emergency Amendment Act of 2014 be adopted after a single reading.
Sec. 4. This resolution shall take effect immediately.
