ENROLLED ORIGINAL
A RESOLUTION
25-254
IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
September 19, 2023
To declare the existence of an emergency with respect to the need to amend the Firearms Control
Regulations Act of 1975 to provide for the Chief of Police of the Metropolitan Police
Department to have the burden of production and burden of persuasion in an appeal of
the Chief’s firearm registration certificate or concealed pistol license determination
before the Office of Administrative Hearings.
RESOLVED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
resolution may be cited as the “Office of Administrative Hearings Jurisdiction Clarification
Emergency Declaration Resolution of 2023”.
Sec. 2. (a) On June 6, 2023, the Council passed the Office of Administrative Hearings
Jurisdiction Emergency Amendment Act of 2023, enacted on June 27, 2023 (D.C. Act 25-138;
70 DCR 9069), which transferred jurisdiction of appeals of the Chief’s denial or revocation of a
concealed pistol license (“CPL”) to the Office of Administrative Hearings, effective October 1,
2023. Temporary legislation is expected to become law on October 4, 2023, and permanent
legislation has been introduced.
(b) Upon review of the current licensing scheme, the Council believes it is most
appropriate for the burden of proof in appeals of the Chief’s decisions regarding firearm
registration certificates and concealed pistol licenses to be on the Chief, rather than the applicant
or licensee/registrant, as currently required by law.
(c) Emergency action is necessary so that the appropriate burden of proof is in place
when the Office of Administrative Hearings takes jurisdiction of CPL appeals on October 1
while the Council considers permanent legislation.
Sec. 3. The Council determines that the circumstances enumerated in section 2 constitute
emergency circumstances making it necessary that the Office of Administrative Hearings
Jurisdiction Clarification Emergency Amendment Act of 2023 be adopted after a single reading.
Sec. 4. This resolution shall take effect immediately.