Sec. 12. Recognizing the right of law-abiding individuals to carry and transport firearms for legitimate purposes
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Section 6 of the Act of July 8, 1932 (47 Stat. 650, chapter 465; sec. 22–4506, D.C. Official Code), is amended to read as follows: The Chief shall issue a license to carry a pistol concealed on or about the person to any individual who— is not disqualified under subsection (d); and completes the application process specified in subsection (g). A license to carry a pistol issued under this section shall meet the requirements specified in subsection (c). The Chief may not impose conditions, limitations, or requirements that are not expressly provided for in this section on the issuance, scope, effect, or content of a license.
For purposes of section 922(q)(2)(B)(ii) of title 18, United States Code, an individual who possesses a firearm in a school zone in the District of Columbia and who is licensed under this section or is an out-of-state licensee shall be considered licensed by the District of Columbia. A licensee or an out-of-state licensee may carry a pistol anywhere in the District of Columbia except as otherwise prohibited by law or by a limitation or prohibition established pursuant to section 11 of this Act (sec. 22–4511, D.C.
Official Code). A licensee shall have with him or her his or her license document and government-issued photographic identification card and an out-of-state licensee shall have with him or her his or her out-of-state license and government-issued photographic identification card at all times during which he or she is carrying a pistol in any location other than on or in real property owned or leased by the licensee or out-of-state licensee. Subject to paragraphs
(2)and (3), the Chief shall— design a single license document for licenses issued and renewed under this section; and complete the design of the license document not later than 60 days after the date of enactment of the Second Amendment Enforcement Act of 2017 . A license document for a license issued under this section shall contain all of the following on one side: The full name, date of birth, and residence address of the licensee. A physical description of the licensee, including sex, height, and eye color. The date on which the license was issued. The date on which the license expires. The words District of Columbia . A unique identification number for the licensee. A license document for a license issued under this section may not contain the licensee's social security number. The Chief shall issue a license under this section to an individual who submits an application under subsection
(g)unless the individual— is less than 21 years of age; is prohibited under Federal law or court order from possessing or receiving a firearm; or has not provided proof of training as described under subsection (e). An individual may meet proof of training requirement under subsection (d)(3) by providing— a copy of a document, or an affidavit from an instructor or organization that conducted the course or program, that indicates the individual completed— a hunter education program; a firearms safety or training course that is conducted by a national or state organization that certifies firearms instructors; a firearms safety or training course that— is available to the public; and is offered by a law enforcement agency; or if taught by an instructor who is certified by a national or state organization that certifies firearms instructors, is offered by— a technical college; a college or a university; a private or public institution or organization; or a firearms training school; a firearms safety or training course that is offered to— law enforcement officers; or owners and employees of licensed private detective and security agencies; or a firearms safety or training course that is conducted by a firearms instructor who is certified by— a national or state organization that certifies firearms instructors; or the Chief; documentation that the individual completed military, law enforcement, or security training that gave the individual experience with firearms that is substantially equivalent to a course or program under paragraph (1); a current or expired license, or a photocopy of a current or expired license, that the individual holds or has held that indicates that the individual is licensed or has been licensed to carry a firearm in the District of Columbia or in another state unless the license has been revoked for cause; or documentation of completion of small arms training while serving in the Armed Forces of the United States, including the National Guard and reserve components, as demonstrated by— documentation that the individual was discharged or released from the Armed Forces under honorable conditions; or a certificate of completion of basic training with a service record of successful completion of small arms training and certification. The Chief shall design an application form for use by individuals who apply for a license under this section and a renewal form for use by individuals applying for renewal of a license under subsection (o). The Chief shall complete the design of— the application form not later than 60 days after the date of enactment of the Second Amendment Enforcement Act of 2017 ; and the renewal form not later than 4 years from the date of enactment of the Second Amendment Enforcement Act of 2017 . The forms described in this subsection shall— require the applicant to provide only his or her name, address, date of birth, state identification card number, race, sex, height, eye color, and, if the applicant is not a United States citizen, his or her alien or admission number; and include— a statement that the applicant is ineligible for a license if subsection
(d)applies to the applicant; a statement explaining the laws of self-defense and defense of others in the District of Columbia, with a place for the applicant to sign his or her name to indicate that he or she has read and understands the statement; a statement, with a place for the applicant to sign his or her name, to indicate that the applicant has read and understands the requirements of this section; a statement that the applicant may be prosecuted if he or she intentionally gives a false answer to any question on the application or intentionally submits a falsified document with the application; a statement of the penalties for intentionally giving a false answer to any question on the application or intentionally submitting a falsified document with the application; and a statement describing the places in which a person may be prohibited from carrying a pistol even with a license, with a place for the applicant to sign his or her name to indicate that he or she has read and understands the statement. The Chief shall make the forms described in this subsection available on the Internet and, upon request, by mail. An individual may apply to the Chief for a license under this section by submitting to the Chief, by mail or other means made available by the Chief— a completed application in the form prescribed under subsection (f); a statement that states that the information that the individual is providing in the application submitted under paragraph
(1)and any document submitted with the application is true and complete to the best of his or her knowledge; a license fee in an amount that is equal to the lesser of— the cost of issuing the license; or $50; a fee for a background check under subsection
(i)that is not greater than $25; and proof of training as described under subsection (e). If a person submits a complete application under subsection
(g)and is not prohibited from obtaining a license under paragraph
(1)or
(3)of subsection (d), the Chief shall conduct a background check in accordance with subsection
(i)upon receiving the application. Not later than 21 days after the date on which the Chief receives a complete application submitted under subsection (g), the Chief shall— except as provided in subparagraph (B), issue the license and promptly send the licensee his or her license document by first-class mail; or if subsection
(d)applies to the applicant, deny the application in accordance with paragraph (3). If the Chief denies an application submitted under subsection (g), the Chief shall inform the applicant of the denial in writing, stating the reason and factual basis for the denial and the availability of an appeal under subsections
(m)and (n). The Chief shall conduct a background check on an applicant by contacting the National Instant Criminal Background Check System to determine whether subsection (d)(2) applies to the applicant. The Chief shall create a confirmation number associated with each applicant. As soon as practicable after conducting a background check under paragraph (1), the Chief shall— if the background check indicates that subsection (d)(2) applies to the applicant, create a unique nonapproval number for the applicant; or if the background check does not indicate that subsection (d)(2) applies to the applicant, create a unique approval number for the applicant. The Chief shall maintain— a record of all complete application forms submitted under subsection (g); and a record of all approval or nonapproval numbers regarding background checks conducted under this subsection. The Chief shall maintain a computerized record listing the name and application information of each individual who has been issued a license under this section. Subject to paragraph (3), the Chief may not store, maintain, format, sort, or access the information described in paragraph
(1)in any manner other than by— the names, dates of birth, or sex of licensees; or the identification numbers assigned to licensees under subsection (i). A law enforcement officer may not request or be provided information maintained in the record under paragraph
(1)concerning a specific individual except for one of the following purposes: To confirm that a license produced by an individual is valid. If an individual is carrying a pistol and claims to hold a valid license issued under this section, but does not have his or her license document, to confirm that the individual holds a valid license. To investigate whether an individual submitted an intentionally false statement. To investigate whether an individual complied with a requirement to surrender his or her license in accordance with this section. Notwithstanding the Freedom of Information Act of 1976 (sec. 2–531 et seq., D.C. Official Code), information obtained under this section may not be made available to the public except— in the context of a prosecution for an offense in which a person's status as a licensee is relevant; or through a report created by the Chief that shows the number of licenses issued, revoked, or suspended, but excludes any identifying information about individual licensees. If a license document is lost, a licensee no longer has possession of his or her license document, or a license document is destroyed, unreadable, or unusable, a licensee who wishes to obtain a replacement license document shall submit to the Chief— a statement requesting a replacement license document; the license document or any portions of the license document that remain; and a $12 replacement fee. Not later than 14 days after the date on which the Chief receives a statement, license document or portions thereof (if any), and fee submitted by a licensee under paragraph (1), the Chief shall issue a replacement license document to the licensee. If a licensee does not submit the original license document to the Chief under paragraph (1), the Chief shall terminate the unique approval number of the original request and issue a new unique approval number for the replacement license document. The Chief shall revoke a license issued under this section if the Chief determines that subsection
(d)applies to the licensee. The Chief shall suspend a license issued under this section if a court prohibits the licensee from possessing a firearm. The Chief shall restore a suspended license not later than 5 business days after the date on which the Chief is notified that the licensee is no longer subject to the prohibition described in subparagraph
(A)if— subsection
(d)does not apply to the individual; and the suspended license has not expired under subsection (o). If the Chief suspends or revokes a license under this subsection, the Chief shall send by mail to the individual whose license has been suspended or revoked notice of the suspension or revocation not later than 1 day after the suspension or revocation. If the Chief suspends or revokes a license under this subsection, the suspension or revocation shall take effect on the date on which the individual whose license has been suspended or revoked receives the notice under subparagraph (A). Not later than 7 days after the date on which an individual whose license has been suspended or revoked receives the notice under subparagraph (A), the individual shall— deliver the license document personally or by certified mail to the Chief; or mail a signed statement to the Chief stating— that the individual no longer has possession of his or her license document; and the reasons why the individual no longer has possession of the license document. The Chief shall promulgate rules providing for the review of any action by the Chief denying an application for, or suspending or revoking, a license under this section. An individual aggrieved by any action by the Chief denying an application for, or suspending or revoking, a license under this section, may appeal directly to the Superior Court of the District of Columbia without regard to whether the individual has sought review under the process established under subsection (m). To begin an appeal under this subsection, the aggrieved individual shall file a petition for review with the clerk of the Superior Court of the District of Columbia not later than 30 days after the date on which the individual receives notice of denial of an application for a license or of suspension or revocation of a license. A petition filed under subparagraph (A)— shall state the substance of the Chief’s action from which the individual is appealing and the grounds upon which the individual believes the Chief’s action to be improper; and may include a copy of any records or documents that are relevant to the grounds upon which the individual believes the Chief’s action to be improper. A copy of a petition filed under paragraph
(2)shall be served upon the Chief either personally or by registered or certified mail not later than 5 days after the date on which the individual files the petition. The Chief shall file an answer to a petition filed under paragraph
(2)not later than 15 days after the date on which the Chief is served with the petition under paragraph (3). An answer filed under subparagraph
(A)shall include— a brief statement of the actions taken by the Chief; and a copy of any documents or records on which the Chief based his or her action. The court shall review the petition, the answer, and any records or documents submitted with the petition or the answer. The court shall conduct the review under this paragraph without a jury but may schedule a hearing and take testimony. The court shall reverse the Chief’s action if the court finds— that the Chief failed to follow any procedure, or take any action, prescribed under this section; that the Chief erroneously interpreted a provision of law and a correct interpretation compels a different action; that the Chief’s action depends on a finding of fact that is not supported by substantial evidence in the record; if the appeal is regarding a denial, that the denial was based on factors other than the factors under subsection (d); or if the appeal is regarding a suspension or revocation, that the suspension or revocation was based on criteria other than the criteria under subsection (l). The court shall provide whatever relief is appropriate regardless of the original form of the petition. If the court reverses the Chief’s action, the court shall order the Chief to pay the aggrieved individual all court costs and reasonable attorney fees. A license issued under this section shall be valid for the 5-year period beginning on the date on which the license is issued unless the license is suspended or revoked under subsection (l). The Chief shall design a notice of expiration form. Not later than 90 days before the expiration date of a license issued under this section, the Chief shall mail to the licensee— the notice of expiration form; and a form for renewing the license. The Chief shall renew the license of a licensee if— not later than 90 days after the expiration date of the license, the licensee submits the renewal application, statement, and fees required under subparagraph (B); and the background check required under subparagraph
(C)indicates that subsection
(d)does not apply to the licensee. A licensee seeking to renew his or her license shall submit to the Chief— a renewal application on the form provided by the Chief; a statement reporting that— the information provided under clause
(i)is true and complete to the best of the licensee's knowledge; and the licensee is not disqualified under subsection (d); and payment of— a renewal fee in an amount that is equal to the lesser of— the cost of renewing the license; or $25; and a fee for a background check that does not exceed $25. The chief shall conduct a background check of a licensee as provided under subsection
(i)before renewing the licensee's license. Unless a renewal applicant is ineligible under subsection (d), not later than 21 days after the date on which the Chief receives a renewal application, statement, and fees from the applicant under subparagraph (B), the Chief shall issue a renewal license and send it to the applicant by first-class mail. Notwithstanding paragraph (1), the license of a member of the Armed Forces of the United States, including the National Guard and reserve components, who is deployed overseas while on active duty shall not expire before the date that is 90 days after the end of the licensee's overseas deployment unless the license is suspended or revoked under subsection (l). The Chief shall enter into reciprocity agreements with each other state that requires such an agreement to grant recognition to a license to carry a concealed firearm issued by another state. The Chief and any designee or employee who carries out the provisions of this section shall be immune from liability arising from any act or omission under this section, if the act or omission is in good faith. A person providing a firearms training course in good faith shall be immune from liability arising from any act or omission related to the course if the course is one described in subsection (e). . The Act of July 8, 1932 (sec. 22–4501 et seq., D.C. Official Code), is amended by inserting after section 4 the following: Notwithstanding any other law, a person not otherwise prohibited by law from shipping, transporting, possessing, or receiving a firearm may carry such firearm, whether loaded or unloaded— in the person’s dwelling house or place of business or on land owned or lawfully possessed by the person; on land owned or lawfully possessed by another person unless the other person has notified the person by posting or individual notice that firearms are not permitted on the premises; while it is being used for lawful recreational, sporting, educational, or training purposes; or while it is being transported for a lawful purpose as expressly authorized by District or Federal law and in accordance with the requirements of that law. Any person who is not otherwise prohibited by law from shipping, transporting, possessing, or receiving a firearm shall be permitted to transport a firearm for any lawful purpose from any place where he may lawfully possess the firearm to any other place where he may lawfully possess the firearm if the firearm is transported in accordance with this section. If the transportation of the firearm is by a vehicle, the firearm shall be unloaded, and neither the firearm nor any ammunition being transported shall be readily accessible or directly accessible from the passenger compartment of the transporting vehicle. If the transporting vehicle does not have a compartment separate from the driver's compartment, the firearm or ammunition shall be contained in a locked container other than the glove compartment or console, and the firearm shall be unloaded. If the transportation of the firearm is in a manner other than in a vehicle, the firearm shall be— unloaded; inside a locked container; and separate from any ammunition. . Section 5(a) of the Act of July 8, 1932 (47 Stat. 650, chapter 465; sec. 22–4505(a), D.C. Official Code), is amended— by striking pistol unloaded and in a secure wrapper from and inserting firearm, transported in accordance with section 4B, from ; by striking pistol each place it appears and inserting firearm ; and by adding at the end the following: Any person carrying a pistol who holds— a valid license issued under section 6; or any out-of-state license, as defined in section 1. .
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Sec. 12
Recognizing the right of law-abiding individuals to carry and transport firearms for legitimate purposes
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