(a) No person shall own or keep a firearm, or have a firearm in his or her possession or under his or her control, within the District of Columbia, if the person:
(1) Has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year;
(2) Is not licensed under §
22-4510 to sell weapons, and the person has been convicted of violating this chapter;
(3) Is a fugitive from justice;
(4) Is addicted to any controlled substance, as defined in §
48-901.02(4);
(5) Is subject to a court order that:
(A)
(i) Was issued after a hearing of which the person received actual notice, and at which the person had an opportunity to participate; or
(ii) Remained in effect after the person failed to appear for a hearing of which the person received actual notice;
(B) Restrains the person from assaulting, harassing, stalking, or threatening the petitioner or any other person named in the order; and
(C) Requires the person to relinquish possession of any firearms;
(6) Has been convicted within the past 5 years of an intrafamily offense, as defined in D.C. Official Code §
16-1001(8), punishable as a misdemeanor, or any similar provision in the law of another jurisdiction.
(b)
(1) A person who violates subsection (a)(1) of this section shall be sentenced to imprisonment for not more than 10 years and shall be sentenced to imprisonment for a mandatory-minimum term of 1 year, unless she or he has a prior conviction for a crime of violence other than conspiracy, in which case she or he shall be sentenced to imprisonment for not more than 15 years and shall be sentenced to a mandatory-minimum term of 3 years.
(2) A person sentenced to a mandatory-minimum term of imprisonment under paragraph (1) of this subsection shall not be released from prison or granted probation or suspension of sentence prior to serving the mandatory-minimum sentence.
(3) In addition to any other penalty provided under this subsection, a person may be fined an amount not more than the amount set forth in §
22-3571.01.
(c) A person who violates subsection (a)(2) through (a)(6) of this section shall be sentenced to not less than 2 years nor more than 10 years, fined not more than the amount set forth in §
22-3571.01, or both.
(d) For the purposes of this section, the term:
(1) "Crime of violence" shall have the same meaning as provided in §
23-1331(4), or a crime under the laws of any other jurisdiction that involved conduct that would constitute a crime of violence if committed in the District of Columbia, or conduct that is substantially similar to that prosecuted as a crime of violence under the District of Columbia Official Code.
(2) "Fugitive from justice" means a person who has:
(A) Fled to avoid prosecution for a crime or to avoid giving testimony in a criminal proceeding; or
(B) Escaped from a federal, state, or local prison, jail, halfway house, or detention facility or from the custody of a law enforcement officer.
July 8, 1932, 47 Stat. 651, ch. 465, § 3; June 29, 1953, 67 Stat. 93, ch. 159, § 204(b); May 21, 1994, D.C. Law 10-119, § 15(b), 41 DCR 1639; Apr. 24, 2007, D.C. Law 16-306, § 223(c), 53 DCR 8610; Dec. 10, 2009, D.C. Law 18-88, § 219(b), 56 DCR 7413; June 3, 2011, D.C. Law 18-377, § 13, 58 DCR 1174; Sept. 29, 2012, D.C. Law 19-170, § 3(c), 59 DCR 5691; June 11, 2013, D.C. Law 19-317, §§ 240(a), 304, 60 DCR 2064.
Seizure and forfeiture of conveyances used in firearms offenses[ Section 2(b) of D.C. Law 11-273 provided for the forfeiture and seizure of any conveyance, including vehicles and vessels in which any person or persons transport, possess, or conceal any firearm as defined in § 6-2302 [§ 7-2501.01, 2001 Ed.], or in any manner use to facilitate a violation of §§ 22-3203 and 22-3204 ]§§ 22-4503 and 22-4504, 2001 Ed.].
Applicability of D.C. Law 19-317: Section 401 of D.C. Law 19-317 provided that the act shall apply only to offenses committed on or after June 11, 2013.
Firearms control, eligibility for registration certificates, see § 7-2502.03. Forfeiture of vehicles and vessels for weapons offenses, see § 7-2507.06 a. Indeterminate, minimum and maximum sentences, convictions under this section, see § 24-403. Sentencing, supervised release, and good time credit for felony convictions under this section committed on or after August 5, 2000, see § 24-403.01. .