1544548 Emergency and Proposed Rulemaking to clarify the procedures applicable to an applicant for a firearm registration who intends to purchase a pistol from a firearms dealer located in another jurisdiction.

METROPOLITAN POLICE DEPARTMENT

NOTICE OF EMERGENCY AND PROPOSED RULEMAKING

The Chief of the Metropolitan Police Department, pursuant to section 712 of the Firearms Regulations Control Act of 1975 (Act), effective March 31, 2009 (D.C. Law 17-372; D.C. Official Code § 7-2507.11) (2011 Supp.), hereby gives notice of the adoption on an emergency basis of an amendment to chapter 23 (Guns and Other Weapons) of title 24 (Public Space and Safety) of the District of Columbia Municipal Regulations (DCMR).  The rulemaking amends paragraphs (b) and (f) of subsection 2320.3 to clarify the procedures applicable to an applicant for a firearm registration who intends to purchase a pistol from a firearms dealer located in another jurisdiction.  Currently there is a requirement that a pistol purchased outside the District, for immediate registration inside the District, may only be transported from a federally licensed firearms dealer in the purchasing jurisdiction to a federally licensed firearms dealer within the District.  The amendment makes clear that this procedural requirement is based on the existence of federal law that mandates this procedure.  Should the federal law change, then that requirement will no longer be applicable to any District firearms registration applicant.

Emergency rulemaking is necessitated by an immediate need to preserve and promote the public welfare by having the amendment immediately effective so as to assist District residents in the exercise of their constitutional right to possess a handgun for self defense within their home.

This emergency rulemaking was adopted on August 10, 2011.  The emergency rulemaking will expire on December 7, 2011, or upon publication of a Notice of Final Rulemaking in the D.C. Register, whichever occurs first.

The Chief also gives notice of her intent to take final rulemaking action to adopt the proposed rulemaking in not less than thirty (30) days from the date of publication of this notice in the D.C. Register.

Subsection 2320.3 of Chapter 23 of Title 24 DCMR is amended as follows:

Paragraph (b) of Subsection 2320.3 is amended to read as follows:

(b)        Obtain assistance necessary to complete the application by presenting the Firearm Registration application to a firearms dealer licensed under federal law either:

            (1)        Located inside the District if the firearm is purchased           within the District; or

            (2)        Located outside the District if the firearm is purchased        outside the District. 

Paragraph (f) of Subsection 2320.3 is amended to read as follows:

(f)        Present the approved Firearm Registration application to the dealer licensed under federal law and take delivery of the applicant’s pistol pending completion of a ballistic identification procedure or, if federal law such as 18 U.S.C. § 922 prohibits the dealer from delivering the pistol to the applicant because the dealer is not within the District of Columbia, have that firearms dealer transport the pistol to a dealer located within the District, where the applicant will take delivery of the pistol pending completion of a ballistic identification procedure.

All persons interested in commenting on the subject matter of this proposed rulemaking action may file comments, in writing, with Terrence D. Ryan, General Counsel, Metropolitan Police Department, Suite 4125, 300 Indiana Avenue, N.W., Washington, D.C. 20001.  Comments must be received no later than thirty (30) days after the date of publication of this notice in the D.C. Register.  Copies of this proposal may be obtained, at cost, by writing to the above address.