MURIEL BOWSER
MAYOR
December 19, 2024
The Honorable Phil Mendelson
Chairman
Council of the District of Columbia
John A. Wilson Building
1350 Pennsylvania Avenue, NW, Suite 504
Washington, DC 20004
Dear Chairman Mendelson:
Enclosed for consideration and adoption by the Council of the District of Columbia is the “Firearms
Control Regulations Rulemaking Approval Resolution of 2024.”
This resolution would approve a proposed final rulemaking to amend Chapter 23 (Guns and Other
Weapons) of Title 24 (Public Space and Safety) of the District of Columbia Municipal Regulations
(DCMR).
The rulemaking amends regulatory provisions that implement the requirements of the Firearms Control
Regulations Act of 1975 (FCRA) regarding qualifying for a firearm registration certification and
concealed pistol license. The registration qualifications in 24 DCMR § 2309 provide that a person is
disqualified from registration if the person has a history of violent behavior within the five years
immediately preceding the application. The rulemaking clarifies that arrest records are not themselves
disqualifying, but rather may be evidence of a history of violent behavior, in accordance with section
203(a)(6A) of the FCRA (D.C. Official Code § 7-2502.03(a)(6A)). The rulemaking also makes clear that
the revocation or denial of a firearm registration certificate is not permanent. The Chief of the
Metropolitan Police Department may not consider the previous revocation or denial to itself be a reason
for disqualification, but the Chief may consider any relevant evidence underlying the prior revocation or
denial in determining whether to approve or deny the new application. Finally, the rulemaking establishes
that a person is not suitable for a concealed carry license if the person has engaged in conduct that
demonstrates that the person’s carrying of a concealed pistol is a danger to the person or another.
I urge the Council to take prompt and favorable action on the enclosed resolution.
Sincerely,
Muriel Bowser
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hhairman Phil Mendelson
3 At the request of the Mayor
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7 A PROPOSED RESOLUTION
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11 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
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16 To approve proposed final rules amending Chapter 23 of Title 24 of the District of Columbia
17 Municipal Regulation, implementing the Firearm Control Regulations Act of 1975.
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19 RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
20 resolution may be cited as the "Firearms Control Regulations Rulemaking Approval Resolution
21 of 2024".
22 Sec. 2. Pursuant to section 712 of the Firearms Control Regulations Act of 1975, effective
23 March 31, 2009 (D.C. Law 17-372; D.C. Official Code§ 7-2507.11 ), the Council approves the
24 proposed final rules of the Chief of the Metropolitan Police Department to amend Chapter 23 (Guns
25 and Other Weapons) of Title 24 (Public Space and Safety) of the District of Columbia Municipal
26 Regulations, regarding the Fiream1 Control Regulations Act of 1975, which was transmitted to the
27 Council by the Mayor on _ _ , and a notice of emergency and proposed rulemaking for which
28 was published in the District of Columbia Register on September 27, 2024 at 71 DCR 11726.
29 Sec. 4. Transmittal.
30 The Council shall transmit a copy of this resolution, upon its adoption, to the Mayor, the
31 Chief of Police, and the Administrator of the Office of Documents and Administrative Issuances.
32 Sec. 5. Fiscal impact statement.
33 The Council adopts the fiscal impact statement of the Chief Financial Officer as the fiscal
34 impact statement required by section 4a of the General Legislative Procedures Act of 1975,
35 approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
36 Sec. 6. Effective date.
37 This resolution shall take effect immediately.
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 METROPOLITAN POLICE DEPARTMENT
NOTICE OF FINAL RULEMAKING
The Chief of the Metropolitan Police Department (“Chief”), pursuant to the authority under
sections 712 and 911(1)(C) of the Firearms Control Regulations Act of 1975, effective
September 24, 1976 (D.C. Law 1-85; D.C. Official Code §§ 7-2507.11 and 7-2509.11(1)(C))
(“Firearms Control Regulations Act”), hereby gives notice of her adoption of the following
amendments 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 regulatory provisions that implement the Firearms Control Regulations
Act’s requirements for qualifying for a firearm registration certificate and concealed pistol
license. Although the existing regulations are consistent with recent case law, there have been
significant developments in judicial interpretations of what the Constitution requires for firearm
regulations since these provisions were last updated nearly a decade ago. Most notably, the
Supreme Court recently emphasized that America’s historical tradition of firearm regulation
includes the government’s ability to temporarily “restrict[] gun use to mitigate demonstrated
threats of physical violence.” United States v. Rahimi, 144 S. Ct. 1889, 1901 (2024). On review
of the legal developments, the District’s existing regulations, and the regulations’ enforcement
history, the Chief has determined that rulemaking action is appropriate to clarify provisions
designed to temporarily restrict “individuals who present a credible threat to the physical safety
of others” from obtaining firearm registration certificates and concealed pistol license. See id. at
1902.
Specifically, the rulemaking amends section 2309.1(f) to provide that a person is disqualified
from registration if the person has a history of violent behavior within the five years immediately
preceding the application. This is identical to the requirement of section 203(a)(6A) of the
Firearms Control Regulations Act (D.C. Official Code § 7-2502.03(a)(6A)). Currently, section
2309.1(f) states that “[a]rrest records” within the past five years showing a history of violent
behavior disqualify a person from a firearm registration. This could be construed as requiring
disqualification based on the existence of arrest records alone, rather than the person’s history of
violent behavior. The rulemaking clarifies that the existence of arrest records alone is not per se
disqualifying, but rather the disqualification must be based on a person’s history of violent
behavior, as the statute provides. Under this provision, the Chief may consider any relevant
evidence, including information in law enforcement records or other governmental or non-
governmental records. Additionally, the rulemaking revises section 2309.1 throughout for clarity
and to further conform to section 203 of the Act. In addition, the rulemaking adds a new section
2309.3 to make clear that the revocation or denial of a firearm registration certificate is not
permanent. It provides that, if a person reapplies for a firearm registration certificate after a
revocation or denial, the Chief may not consider the previous revocation or denial to itself be a
reason for disqualification. However, the Chief may consider any relevant evidence underlying
the prior revocation or denial in determining whether to approve or deny the new application.
Further, the rulemaking amends section 2335.1(d) to establish that a person is not suitable for a
concealed carry license if the person has engaged in conduct, including threats, that demonstrates
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that the person’s carrying of a concealed pistol is a danger to the person or another. This
establishes a clearer standard for disqualification based on a person’s conduct than the existing
language of section 2335.1(d).
Finally, the rulemaking amends section 2305 by correcting a numbering error, and section
2337.3 by correcting a citation error.
A Notice of Emergency and Proposed Rulemaking was adopted by the Chief on September 19,
2024, and published in the District of Columbia Register on September 27, 2024, at 71 DCR
011726. No comments were received in response to the Notice of Emergency and Proposed
Rulemaking during the thirty (30)-day comment period.
Pursuant to Section 712 of the Act (D.C. Official Code §§ 7-2507.11), a proposed resolution
approving the proposed final rules was transmitted by the Mayor to the Council of the District of
Columbia on _________, for a forty-five (45) day period of review. See Firearms Control
Regulations Rulemaking Emergency Approval Resolution of 2024 (Prop. Res. 25-___). The 45-
day period of review having expired on __________ with no Council action to approve or
disapprove the proposed resolution, the proposed final rulemaking was deemed approved.
No changes have been made to the text of the rules as proposed. The rules were adopted as final
by the Chief on ________ and shall become effective upon publication of this notice in the
District of Columbia Register.
Chapter 23, GUNS AND OTHER WEAPONS, of Title 24, PUBLIC SPACE AND
SAFETY, of the DCMR is amended as follows:
Section 2305, REGISTRATION OF FIREARMS: GENERAL PROVISIONS, is amended
as follows:
Subsection 2505.5 is redesignated subsection 2305.5.
Section 2309, OTHER DISQUALIFICATIONS FOR REGISTRATION, is amended to
read as follows:
2309 OTHER DISQUALIFICATIONS FOR REGISTRATION
2309.1 An applicant shall be denied a firearm registration if the applicant:
(a) Has been adjudicated negligent in a firearm mishap causing death or
serious injury to another human being. For purposes of this paragraph:
(1) The Chief may consider any entry of a judgment or consent order
or decree of negligence in any civil suit concerning the discharge
of a firearm resulting in death or serious injury to a human being
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 without regard to the filing of criminal charges, or the finding by a
coroner of negligent homicide; and
(2) The term “serious injury” shall have the same meaning as the term
“serious bodily injury” as provided in section 806a(d) of An Act
To establish a code of law for the District of Columbia, effective
August 20, 1994 (D.C. Law 10-151; D.C. Official Code § 22-
404.01(d));
(b) [RESERVED];
(c) Has been convicted of an offense that makes it unlawful for the applicant
to own, keep, or possess a firearm in the District of Columbia under
section 3 of 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. 651; D.C. Official Code § 22-4503);
(d) Has been a respondent in an intrafamily proceeding in which a civil
protection order was issued against the applicant pursuant to D.C. Official
Code § 16-1005, unless the applicant can demonstrate by a certified court
record establishing that the order has expired or has been rescinded for a
period of five (5) years;
(e) Has been a respondent in a proceeding in which a foreign protection order,
as that term is defined in D.C. Official Code § 16-1041(2), was issued
against the applicant, unless the applicant can demonstrate by a certified
court record establishing that the order has expired or has been rescinded
for a period of five (5) years;
(f) Has had a history of violent behavior within the past five (5) years
immediately preceding the application. For purposes of this paragraph, the
Chief may consider any relevant evidence, including, but not limited to,
information contained in law enforcement records or other governmental
records, or from non-governmental sources;
(g) Has been convicted within the past five (5) years of two (2) or more
violations of any law in the District or another jurisdiction restricting
driving under the influence of drugs or alcohol; or
(h) Is otherwise disqualified under section 203(a) of the Act (D.C. Official
Code § 7-2502.03(a)).
2309.2 For purposes of §§ 2309.1(c)-(e) and (g), the Chief may consider a record
described in § 2307.1.
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2309.3 The prior revocation or denial of a person’s firearm registration application shall
not on its own constitute the basis for the denial of a subsequent firearm
registration application; however, the evidence underlying the prior revocation or
denial may be considered by the Chief in determining whether the person is
qualified to receive a firearm registration pursuant to the person’s subsequent
registration application.
Section 2335, SUITABILITY TO OBTAIN A CONCEALED CARRY LICENSE, is
amended as follows:
Subsections 2335.1(d) and (e) are amended to read as follows:
(d) Has not engaged in conduct, including threats, that demonstrates that the
person’s carrying of a concealed pistol poses a credible threat of danger to
the person or others. For purposes of this paragraph, the Chief may
consider any relevant evidence, including, but not limited to, information
contained in law enforcement records or other governmental records, or
from non-governmental sources; 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 the person is a danger to the person or others, or if the Chief has
determined that the person is suitable based upon documentation provided
by the person pursuant to § 2337.3.
Section 2337, CONCEALED CARRY APPLICATIONS, is amended as follows:
Subsection 2337.3 is amended by striking the phrase “the requirements of § 2331.1(d)” and
inserting the phrase “the requirements of § 2335.1(e)” in its place.
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 Government of the District of Columbia
Office of the Chief Financial Officer
Glen Lee
Chief Financial Officer
MEMORANDUM
TO: The Honorable Phil Mendelson
Chairman, Council of the District of Columbia
FROM: Glen Lee
Chief Financial Officer
DATE: November 15, 2024
SUBJECT: Fiscal Impact Statement – Firearms Control Regulations Rulemaking
Approval Resolution of 2024
REFERENCE: Draft Resolution as provided to the Office of Revenue Analysis on
October 30, 2024
Conclusion
Funds are sufficient in the fiscal year 2025 through fiscal year 2028 budget and financial plan to
implement the bill.
Background
The Metropolitan Police Department (MPD) executes the requirements of the Firearms Control
Regulations Act of 19751 (the Act) for District residents seeking to obtain a firearm registration
certificate or a concealed pistol license. This draft resolution adopts emergency modifications to the
regulations2 carrying out the Act to more explicitly define the circumstances under which an
individual can be restricted from being approved for a firearm registration certificate and concealed
pistol license.
The Act and recent case law (including Supreme Court decisions) permit the government to
temporarily restrict gun use to mitigate threats of physical violence. The amended regulations would
more precisely define the circumstances under which MPD determines that there is a credible threat
to the physical safety of others and could thus deny a firearm registration certificate or concealed
pistol license.
1Effective September 24, 1976 (D.C. Law 1-85; D.C. Official Code § 7-2507.11(1)(C)).
2Chapter 23 (Guns and Other Weapons) of Title 24 (Public Space and Safety) of the District of Columbia Municipal
Regulations.
1350 Pennsylvania Avenue, NW, Suite 203, Washington, DC 20004 (202)727-2476
www.cfo.dc.gov
The Honorable Phil Mendelson
FIS: “Firearms Control Regulations Rulemaking Approval Resolution of 2024”, Draft resolution as provided to
the Office of Revenue Analysis on October 30, 2024
Specifically, the regulations would state that an individual may be temporarily disqualified from
receiving a certificate or license based on the person’s history of violent behavior (versus the prior
language, which referenced arrest records within the past five years). This amended language
clarifies that the presence of arrest records alone is not disqualifying. The amended regulations also
clarify that the disqualification is not permanent and MPD may not use only the presence of a prior
disqualification to deny a subsequent application. However, MPD may continue to use the evidence
gathered for the previous application in determining whether the individual continues to pose a
threat of physical violence.
Financial Plan Impact
Funds are sufficient in the fiscal year 2025 through fiscal year 2028 budget and financial plan to
implement the bill. MPD can carry out the changes in the proposed regulations with its current
resources.
Page 2 of 2
 GOVERNMENT OF THE DISTRICT OF COLUMBIA
OFFICE OF THE ATTORNEY GENERAL
Legal Counsel Division
MEMORANDUM
TO: Tomás Talamante
Director
Office of Policy and Legislative Affairs
FROM: Ben Moskowitz
Acting Deputy Attorney General
Legal Counsel Division
DATE: November 25, 2024
RE: Legal Sufficiency Review of Draft Proposed Resolution, the “Firearms Control
Regulations Rulemaking Approval Resolution of 2024”
(AE-24-586)
_____________________________________________________________________________________
This is to Certify that the Office of the Attorney General has reviewed the
legislation entitled the “Firearms Control Regulations Rulemaking Approval Resolution of 2024”
and determined that it is legally sufficient. If you have any questions, please do not hesitate to call
me at (202) 724-5524.
_________________________________
Ben Moskowitz
1350 Pennsylvania Avenue, N.W., Suite 409, Washington, D.C. 20004
Phone (202) 724-5565 Email: Benjamin.Moskowitz1@dc.gov