5559863 Police Department, Metropolitan - Notice of Third Emergency Rulemaking - Concealed Pistol Licenses
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METROPOLITAN POLICE DEPARTMENT
NOTICE OF THIRD EMERGENCY RULEMAKING
The Chief of the Metropolitan Police Department (Chief), pursuant to the authority under Section 911 of the License to Carry a Pistol Second Emergency Amendment Act of 2014, signed January 6, 2015 (D.C. Act 20-0564; 62 DCR 866 (January 23, 2015)), 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).
This rulemaking is part on ongoing process to establish procedures for licensing by the Metropolitan Police Department (MPD) of persons to carry a concealed pistol for self-defense. A 2014 court decision determined that such a licensing scheme must be in place before the District of Columbia 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 licensing scheme immediately implemented, 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)).
Additionally, a court decision was issued on May 18, 2015, which may affect the “good reason” or “other proper reason” requirement for some concealed pistol applicants. (Memorandum-Decision and Order, Wrenn v. District of Columbia, No. 15-cv-162 (FJS) (D.D.C. May 18, 2015 http://mpdc.dc.gov/sites/default/files/dc/sites/mpdc/page_content/attachments/WrennOrder51815grantingPI.pdf)
A Notice of Second Emergency and Proposed Rulemaking was published in the D.C. Register on March 6, 2015 at 62 DCR 2803. No comments were received and no changes have been made to this rulemaking. This Notice of Third Emergency Rulemaking is necessary to prevent any lapse in the District’s firearms licensing regulations.
This Notice of Third Emergency Rulemaking was adopted on June 12, 2015, became effective immediately, and will remain in effect for up to one hundred twenty (120) days from the date of its adoption, until October 10, 2015, or upon publication of a Notice of Final Rulemaking in the D.C. Register.
SUMMARY OF LICENSING SCHEME
The Act delegates rulemaking authority to the Chief to implement the concealed carry licensing scheme re-instituted by the Act. The Act permits the Chief to issue a concealed pistol carry license to a person who: 1) a) demonstrates: good reason to fear injury to his or her person or property; or b) has any other proper reason for carrying a pistol; and 2) is a suitable person to be so licensed. This rulemaking establishes standards by which the Chief will exercise the discretion the Act vests in him or her for each of the above requirements. The rulemaking also establishes application and investigation procedures. The rulemaking does not cover all regulations required by the Act for the licensing of concealed pistols. A future rulemaking will establish procedures for the renewal of concealed pistol licenses; a separate rulemaking issued by the Mayor has established procedures for the Concealed Pistol Licensing Review Board.
Some of the standards the Chief will use to consider license applications were established in the Act by the Council of the District of Columbia (Council). The Council derived the standards found in similar “may issue” handgun licensing or permitting schemes in the States of Maryland (good and substantial reason standard), New Jersey (justifiable need standard), and New York (proper cause standard). All of these schemes have been sustained as constitutional by U.S. Courts of Appeals. Additionally, some of the standards in these regulations have been adapted from the above states and earlier MPD regulations. Many of the application and investigation procedures were adapted from Maryland regulations. Key portions of the rulemaking include:
Good Reason To Fear Injury To Person Or Property
These regulations include the Act’s standards for “good reasons to fear injury to person or property” which includes “showing a special need for self-protection distinguishable from the general community as supported by evidence of specific threats or previous attacks which demonstrate a special danger to the applicant’s life.”
The requirement of “showing a special need for self-protection distinguishable from the general community as supported by evidence of specific threats or previous attacks” includes language from New Jersey regulations defining the term “justifiable need” as well as New York City’s regulations defining the term “proper cause”. The requirement that the threats or attacks “demonstrate a special danger to applicant’s life” includes language contained in New Jersey regulations defining “justifiable need.”
The standard that a high crime area by itself does not establish good cause is language that appeared in the District’s prior concealed carry regulations and also appears in New York regulations.
Other Proper Reason for Carrying a Pistol
These regulations establish standards for “other proper reasons for carrying a pistol.” One standard is employment of a type that requires the handling of large amounts of cash or other highly valuable objects that must be transported upon the applicant’s person.” This standard, in some form, is found in the laws or regulations of Maryland, New Jersey, and New York City.
Another standard is “the need for a parent, son, daughter, sibling or other adult member of the immediate family to provide protection of a family member who is physically or mentally incapacitated to a point where he or she cannot act in defense of himself or herself, and the family member who is physically or mentally incapacitated can demonstrate a good reason to fear injury to his or her person.” That standard was adapted from a similar standard that appeared in MPD’s prior regulations.
Suitability To Obtain A Concealed Carry License
These regulations establish standards for suitability to obtain a concealed carry license, which include completion of a firearms safety and proficiency training course. Firearms safety and proficiency training courses are required by Maryland, New Jersey, Illinois, and many other states.
The suitability standard excludes applicants who are addicts or habitual users of alcohol or controlled substances, exhibit a propensity for violence or instability, or suffer from mental illness of a type that should prevent the carrying of a pistol. All of these standards are present and applied in Maryland, New Jersey, and New York. They were also part of MPD’s prior regulations.
The Council has narrowed the mental health standard that was present in the prior regulations. The prior regulations required a showing of a “sound mind.” Indications of an unsound mind included suffering from “any mental disorder” occurring during the previous five (5) years. The Act and this rulemaking limit the mental health determination to a mental illness or condition that creates a substantial risk that an applicant is a danger to himself or others. The consideration of mental health issues creating a danger to self or others is found in some form in both Maryland and New York.
Additionally, the Chief adapted language in the prior regulations to provide that an applicant with a mental health history that would otherwise render an applicant ineligible can submit a notarized report under oath from a registered psychologist or psychiatrist. The applicant must have a bona fide patient relationship with the psychologist or psychiatrist, have been examined within six (6) months prior to submitting the statement, and have been found that he or she is no longer suffering from any mental disorder, illness, or condition that creates a substantial risk that he or she is a danger to himself or herself or others.
Preliminary Approval Option
These regulations establish three (3) methods for an applicant to satisfy the firearms training requirements established by the Act. An applicant may first obtain a certificate of completion for the required firearms training and submit the certificate as part of an application.
The Act also provides certain circumstances under which an applicant may also submit a request for an exemption from the firearms training as part of the application.
Lastly, the applicant may submit a statement of intent to complete firearms training after the Chief considers all other matters contained in the application and issues a preliminary approval. The last method was designed to allow an applicant to receive a determination of eligibility for a conceal carry license before he or she would have to expend time and money to complete the required firearms training.
Chapter 23, GUNS AND OTHER WEAPONS, of Title 24 DCMR, PUBLIC SPACE AND SAFETY, 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;
(f) Transcript of records – $3.00; and
(g) License to carry a pistol – $75.00.
New Sections 2332 through 2348 are added to read as follows:
2332 LICENSES FOR CONCEALED PISTOLS
2332.1 A person is eligible for issuance of a license to carry a concealed pistol (concealed carry license or license) only if the person:
(a) Is twenty-one (21) years of age;
(b) Meets 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.));
(c) Possesses a pistol registered pursuant to the Act;
(d) Does not currently suffer nor has suffered in the previous five (5) years from any mental illness or condition that creates a substantial risk that he or she is a danger to himself or herself or others; provided, that if the person no longer suffers such mental illness or condition, and that person has provided satisfactory documentation required under § 2337.3, then the Chief may determine that this requirement has been met;
(e) Has completed a firearms training course, or combination of courses, conducted by an instructor (or instructors) certified by the Chief;
(f) Has a bona fide residence or place of business:
(1) Within the District of Columbia;
(2) Within the United States and a license to carry a pistol concealed upon his or her person issued by the lawful authorities of any State or subdivision of the United States; or
(3) Within the United States and meets all registration and licensing requirements pursuant to the Act;
(g) Has demonstrated to the Chief good reason to fear injury to his or her person or property or has any other proper reason for carrying a pistol; and
(h) Is a suitable person to be so licensed.
2333 GOOD REASON TO FEAR INJURY TO PERSON OR PROPERTY
2333.1 A person shall demonstrate a good reason to fear injury to his or her person by showing a special need for self-protection distinguishable from the general community as supported by evidence of specific threats or previous attacks which demonstrate a special danger to the applicant’s life.
2333.2 For the purposes of satisfying the specifications of § 2333.1, a person shall allege, in writing, serious threats of death or serious bodily harm, any attacks on his or her person, or any theft of property from his or her person. The person shall also allege that the threats are of a nature that the legal possession of a pistol is necessary as a reasonable precaution against the apprehended danger.
2333.3 The person shall provide all evidence of contemporaneous reports to the police of such threats or attacks, and disclose whether or not the applicant has made a sworn complaint to the police or the courts of the District of Columbia concerning any threat or attack.
2333.4 The fact that a person resides in or is employed in a high crime area shall not by itself establish a good reason to fear injury to person or property for the issuance of a concealed carry license.
2334 OTHER PROPER REASON FOR CONCEALED CARRY LICENSE
2334.1 A person may allege any other proper reason that the Chief may accept for obtaining a concealed carry license which may include:
(a) Employment of a type that requires the handling of large amounts of cash or other highly valuable objects that must be transported upon the applicant’s person; or
(b) The need for a parent, son, daughter, sibling, or other adult member of the immediate family to provide protection of a family member who is physically or mentally incapacitated to a point where he or she cannot act in defense of himself or herself, and the family member who is physically or mentally incapacitated can demonstrate a good reason to fear injury to his or her person by showing a special need for self-protection distinguishable from the general community as supported by evidence of specific threats or previous attacks which demonstrate a special danger to the applicant’s life in the manner described in § 2333.
2335 SUITABILITY TO OBTAIN A CONCEALED CARRY LICENSE
2335.1 A person is suitable to obtain a concealed carry license if he or she:
(a) Meets all of the requirements for a person registering a firearm pursuant to the Act;
(b) Has completed a firearms training course, or combination of courses, conducted by an instructor (or instructors) certified by the Chief;
(c) Is not presently an alcoholic, addict, or habitual user of a controlled dangerous substance, unless the habitual use of a controlled dangerous substance is under licensed medical direction;
(d) Has not exhibited a propensity for violence or instability that may reasonably render the person’s possession of a concealed pistol a danger to the person or another; and
(e) Does not currently suffer nor has suffered in the previous five (5) years from any mental disorder, illness or condition that creates a substantial risk that he or she is a danger to himself or herself or others, or if the Chief has determined that the person is suitable based upon documentation provided by the person pursuant to § 2337.3.
2336 FIREARMS TRAINING COURSE REQUIRMENTS
2336.1 To satisfy the firearms training eligibly requirement of § 2332.1(e), a person shall obtain a certificate of completion from an instructor (or instructors) certified by the Chief that includes at least sixteen (16) hours of training, and covers the following:
(a) Firearm safety, including firearm safety in the home, a discussion of prevention of access by minors, locking and storing of firearms, and use of safety devices such as secure lock boxes;
(b) Firearm nomenclature;
(c) The basic principles of marksmanship;
(d) The care, cleaning, maintenance, loading, unloading, and storage of pistols;
(e) Situational awareness, conflict management, and use of deadly force;
(f) Selection of pistols and ammunition for defensive purposes; and
(g) All applicable District and federal firearms laws, including the requirements of the Act, 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, approved July 8, 1932 (47 Stat. 650; D.C. Official Code §§ 22-4501 et seq.), and District law pertaining to self-defense.
2336.2 In addition to the requirements of § 2336.1, a person shall complete at least two (2) hours of range training, including shooting a qualification course of fifty (50) rounds of ammunition from a maximum distance of fifteen (15) yards (forty-five (45) feet), and receiving a qualifying score of seventy percent (70%) as certified by the instructor.
2336.3 The Chief may, on a case by case basis, exempt a person from the requirements of §§ 2336.1 and 2336.2 if the person submits evidence that he or she has received firearms training in the U.S. military or has otherwise completed firearms training conducted by a firearms instructor that, as determined by the Chief, is equal to or greater than that required by the Act.
2336.4 An applicant may submit to the Chief the application required under § 2337 without including the certificate of completion of training required by this section; provided that if the Chief preliminarily approves the application pursuant to § 2339, the applicant has forty-five (45) days to submit the certificate of completion and successfully complete the range training.
2337 CONCEALED CARRY APPLICATIONS
2337.1 A complete concealed carry license application shall be submitted to the Firearms Registration Section in the format and on forms prescribed by the Chief.
2337.2 The application shall include:
(a) The applicant’s name, address, driver’s license number or other government issued photo identification number, place and date of birth, height, weight, race, sex, eye and hair color, occupation, and home and work telephone numbers, and email (optional);
(b) If applying as a District resident or business owner, proof of a bona fide District residence or place of business;
(c) Evidence of completion or intent to complete the firearms training requirements in § 2336 by:
(1) Proof of the applicant’s completion of a firearm training course within the past two (2) years in the manner prescribed by the Chief in § 2336;
(2) Support for the applicant’s request for an exemption from the firearm training course requirement as permitted by the Act; or
(3) If the applicant chooses to seek a preliminary approval pursuant to § 2339, then the applicant shall certify that he or she will provide proof of completion of the firearms training requirements within forty-five (45) days of the Chief’s provisional approval of the application pursuant to § 2339;
(d) A complete set of the applicant’s fingerprints, taken and submitted in the manner prescribed by the Chief on the application;
(e) A declaration by the applicant as to whether or he or she currently suffers or has suffered in the previous five (5) years from any mental disorder, illness, or condition that creates a substantial risk that he or she is a danger to himself or herself or others. If the applicant attests to suffering from any mental disorder, illness, or condition, the applicant shall sign an authorization to disclose any treatment records related to those circumstances;
(f) An authorization by the applicant to the Department of Behavioral Health, or any other similar agency or department of another state to disclose to the Chief information as to whether the applicant:
(1) Suffers from a mental illness or condition and has a history of violence; or
(2) Has been voluntarily or involuntarily committed to a mental health facility or an institution that provides treatment or services for individuals with a mental illness or condition;
(g) Proof, including any documents, statements of third parties taken under oath and before a notary, or personal statements of the applicant to demonstrate to the Chief that the person has good reason to fear injury to his or her person or property or has any other proper reason for carrying a pistol;
(h) Any information reasonably required by the Chief, as part of the application form or materials, to complete an investigation required by § 2338;
(i) A declaration by the applicant that the applicant is not prohibited under federal or District law, or state law of the applicant’s residence, from possessing a handgun;
(j) A declaration by the applicant, under the penalty of perjury, that all information in the application is true and accurate; and
(k) A declaration by the applicant acknowledging that the applicant shall be responsible for compliance with all federal and District laws, rules, regulations, and procedures that are applicable to this license.
2337.3 The Chief may find the applicant has satisfied the requirements of § 2331.1(d) if the applicant submits a notarized report under oath from a registered psychologist or psychiatrist, with which the applicant has bona fide patient relationship, stating that the psychologist or psychiatrist has examined the applicant within six (6) months prior to submitting the statement and found the applicant to no longer to be suffering from any mental illness or condition that creates a substantial risk that he or she is a danger to himself or herself or others.
2337.4 The application must be accompanied by the fees for Fingerprints and License to carry a pistol listed in §§ 2331.1(c) and (g), respectively.
2337.5 The Chief may waive some or the entire application fee for good cause shown on the application.
2337.6 Any knowing material omission or false statement made by or provided by the applicant may be considered grounds for denial of a conceal carry license, or revocation for a license falsely obtained, and may subject the person to criminal prosecution for perjury.
2338 INVESTIGATION OF APPLICATION
2338.1 The Chief shall conduct an investigation of every applicant within a reasonable period of time after receipt of a completed application.
2338.2 The following areas shall be a part of the investigation of every applicant and shall be considered by the Chief in determining whether a concealed carry license shall be issued:
(a) Age of the applicant;
(b) Occupation, profession, or employment of the applicant;
(c) Verification of the applicant’s eligibility, including a firearms training course completion certificate from a certified trainer;
(d) Verification of the information supplied by the applicant in the application;
(e) Information received from personal references and other persons interviewed;
(f) Information received from business or employment references as may be necessary in the discretion of the investigator;
(g) Criminal record of applicant, including any juvenile record.
(h) Medical or mental health history of applicant as it may pertain to the applicant’s fitness to carry, wear, or transport a handgun;
(i) Psychiatric or psychological background of the applicant as it may pertain to the applicant’s fitness to carry, wear, or transport a handgun;
(j) The applicant’s propensity for violence or instability that could reasonably render the applicant’s wearing, carrying, or transporting of a handgun a danger to the applicant or to others;
(k) The applicant’s use of intoxicating beverages or drugs;
(l) The reasons given by the applicant for carrying, wearing, or transporting a handgun, and whether those reasons demonstrate good cause;
(m) Whether the permit is necessary as a reasonable precaution for the applicant against apprehended danger; and
(n) Any other areas the Chief determines are reasonably necessary to determine if the applicant is eligible to obtain a concealed carry license.
2339 PRELIMINARY APPROVAL
2339.1 The Chief shall issue a preliminary approval to carry a concealed pistol or provide a written denial of the application within a reasonable time after receiving an application containing all required supporting documents, with the exception of proof of completion of the firearms training requirements. A reasonable period of time shall normally be within ninety (90) days; however, the time may be extended by the Chief for an additional ninety (90) days where there is good cause for additional time to complete the investigation and the applicant is so notified in writing.
2339.2 After completing the investigation of the application, the Chief shall either:
(a) Deny the application pursuant to § 2340; or
(b) Issue a preliminary approval of the application.
2339.3 If the Chief issues a preliminary approval of the application, it shall:
(a) Be in writing;
(b) Notify the applicant that he or she has forty-five (45) days from the date of the preliminary approval to provide proof of completion of the firearms training course requirements in §§ 2336.1 and 2336.2; and
(c) Notify the applicant that the Chief may deny the application pursuant to § 2340 if the applicant fails to provide the documentation required under paragraph (b) within the allotted time.
2339.4 If the applicant provides the information required under § 2339.3(b), the application shall be deemed complete and the Chief shall issue the license pursuant to § 2340.
2340.1 The Chief shall issue a license to carry a concealed pistol or provide a written denial of the application within a reasonable time after receiving a completed application. A reasonable period of time shall normally be within ninety (90) days; however, the time may be extended by the Chief for an additional ninety (90) days where there is good cause for additional time to complete the investigation and the applicant is so notified in writing.
2340.2 A completed application shall satisfy all the requirements prescribed by the Chief including evidence that applicant has satisfied the firearms training requirements in § 2336.
2340.3 A written denial provided by the Chief shall contain the reasons the application was denied and a statement of the applicant’s appeal rights.
2340.4 The Chief may limit the geographic area, circumstances, or times of the day, week, month, or year in which a license is valid or effective.
2340.5 Unless otherwise limited or revoked by the Chief pursuant to § 2341, a concealed carry license expires two (2) years from the date of issuance.
2341 REVOCATION, LIMITATION, AND SUMMARY SUSPENSION
2341.1 The Chief may revoke a concealed carry license on a finding that the licensee:
(1) No longer satisfies one or more of the concealed carry license qualifications set forth in the Act or any regulation authorized by the Act; or
(2) Failed to comply with one or more requirements or duties imposed upon the licensee by the Act or any regulation authorized by the Act.
2341.2 A concealed carry license may be limited, after its issuance, as described in § 2340.4, upon a finding by the Chief that such limitation is necessary to protect the health, safety, security, or welfare of the District and its residents.
2341.3 The Chief shall provide a written notice of revocation or limitation to a person whose license is revoked or limited. The written notice shall contain:
(a) The reasons the license was revoked or limited; and
(b) A statement that the revocation or limitation will take effect unless the licensee requests an appeal to the Concealed Pistol Licensing Review Board (Board) no later than fifteen (15) days after the receipt of the notice of revocation or limitation.
2341.4 Unless a licensee has requested an appeal pursuant to § 2341.6(b), a licensee whose concealed carry license is revoked shall return the license to the Firearms Registration Section within fifteen (15) days after receipt of the notice of revocation.
2341.5 The Chief may summarily suspend or limit, without a hearing, a concealed carry license, when the Chief has determined that the conduct of the licensee presents an imminent danger to the health and safety of a person or the public.
2341.6 At the time of the summary suspension or limitation of a concealed carry license, the Chief shall provide the licensee with written notice stating:
(a) The action that is being taken;
(b) The basis for the action; and
(c) The right of the licensee to request a hearing with the Board pursuant to § 2341.7.
2341.7 A licensee shall have the right to request a hearing by the Board within seventy-two (72) hours after service of notice of the summary suspension or limitation of the concealed carry license. The Board shall hold a hearing within seventy-two (72) hours after receipt of a timely request and shall issue a written decision within seventy-two (72) hours after the hearing.
2341.8 Upon receipt of a summary suspension notice issued pursuant to § 2341.6, the licensee shall immediately return his or her suspended license to the Chief.
2341.9 If the Board does not sustain a summary suspension, the suspended concealed carry license shall be returned to the licensee.
2342 APPEAL
2342.1 With the exception of an appeal of a summary suspension or limitation of a license, a person whose original or renewal license application is denied or whose license is revoked or limited may submit a written request to the Board to review the decision of the Chief within fifteen (15) days after receipt of the notice of denial, revocation, or limitation.
2343 AMMUNITION CARRIED BY LICENSEE
2343.1 A person issued a concealed carry license by the Chief, while carrying the pistol, shall not carry more ammunition than is required to fully load the pistol twice, and in no event shall that amount be greater than twenty (20) rounds of ammunition.
2343.2 A person issued a concealed carry license by the Chief may not carry any restricted pistol bullet as that term is defined in the Act.
2344 PISTOL CARRY METHODS
2344.1 A licensee shall carry any pistol in a manner that it is entirely hidden from view of the public when carried on or about a person, or when in a vehicle in such a way as it is entirely hidden from view of the public.
2344.2 A licensee shall carry any pistol in a holster on their person in a firmly secure manner that is reasonably designed to prevent loss, theft, or accidental discharge of the pistol.
2345 NON-RESIDENT APPLICATIONS FOR CONCEALED CARRY LICENSE
2345.1 A non-resident of the District, as defined by the Act, may apply to the Firearms Registration Section for a concealed carry license upon a showing that the applicant meets all of the eligibility requirements of § 2332.
2345.2 A non-resident may satisfy some or all of the firearms training requirements in § 2336 by providing proof of completion of a firearms training course in another state or subdivision of the United States.
2345.3 A non-resident shall obtain a certification from a firearms trainer that the applicant has received and completed training in District firearms law and the District law of self-defense.
2345.4 A non-resident must demonstrate to the Chief that he or she has a good reason to fear injury to his or her person or property, as defined by the Act and these regulations, by showing that the fear is from a cause that will likely be present in the District and is not a cause that is likely to be present only in another jurisdiction.
2345.5 A non-resident must demonstrate to the Chief that he or she has any other proper reason for carrying a pistol, as defined by the Act and these regulations, by showing that the other proper reason exists in the District.
2346 SIGNAGE TO PREVENT ENTRANCE BY CONCEALED CARRY LICENSEE ONTO NON-RESIDENTIAL PRIVATE PROPERTY
2346.1 Signs stating that the carrying of firearms is prohibited on any private property shall be clearly and conspicuously posted at any entrance, open to the public, of a building, premises, or real property.
2346.2 A sign shall be considered conspicuous if it is at least eight (8) inches by ten (10) inches in size and contains writing in contrasting ink using not less than thirty-six (36) point type.
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) of the Act (D.C. Official Code § 7-2502.03(a)(13)(A) (2012 Repl. & 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.
2348 SAFE STORAGE OF FIREARMS AT A PLACE OF BUSINESS
2348.1 No registrant shall store or keep any firearm on any premises under his or her control if he or she knows or reasonably should know that a minor or a person prohibited from possessing a firearm under D.C. Official Code § 22-4503 can gain access to the firearm.
2348.2 When not in storage, each registrant shall carry the firearm on his or her person or within such close proximity that he or she can readily retrieve or use it as if he or she carried it on his or her person; provided, that the firearm is entirely hidden from view of the public.
2348.3 If the firearm is stored at a place of business, it shall be stored in a gun safe, locked box, or other secure device affixed to the property.
Section 2399, DEFINITIONS, is amended by adding the following definitions:
2399 DEFINITIONS
Board – means the Concealed Pistol Licensing Review Board.
Bona fide patient relationship – means a relationship between a psychiatrist or psychologist and a patient in which:
(a) A complete assessment of the patient’s mental health history, current mental health condition, and a current mental health examination has taken place; and
(b) Where the psychiatrist or psychologist has responsibility for the ongoing care and mental health treatment of the patient.
Bona fide residence – means a dwelling place of a person that is documented by two (2) or more of the following:
(a) Voter registration indicating the address of the dwelling place;
(b) Motor vehicle registration indicating the address of the dwelling place;
(c) Motor vehicle driver permit indicating the address of the dwelling place;
(d) Withholding and payment of individual income taxes indicating the address of the dwelling place including:
(1) Copies of certified District or state income tax returns; and
(2) Copies of certified federal tax returns filed with the U.S. Internal Revenue Service;
(e) Certified deed or lease or rental agreement for real property indicating the address of the dwelling place;
(f) Cancelled checks or receipts for mortgage or rental payments;
(g) Utility bills and payment receipts indicating the address of the dwelling place;
(h) A copy of a bank account statement in the name of the applicant at the address of the dwelling place;
(i) Copies of credit card or brokerage account statements mailed to the applicant at the address of the dwelling place; or
(j) Copies of automobile insurance statements mailed to the applicant at the address of the dwelling place.
Licensee – means a person issued a license for a concealed pistol.
Place of business – means a business that is located in an immovable structure at a fixed location, as documented by a business license or certificate of occupancy, and that is operated and owned entirely, or in substantial part, by a firearm registrant.
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.
Section 2399, DEFINITIONS, is amended by amending the definition of Chief to read as follows:
Chief – means the Chief of the Metropolitan Police Department or his or her designee.
