Hearings, Reports and Prints of the House Committee on the District of Columbia

(H.R. 7327, 90th Cong., 1st sess., by Mr. Adams, and H.R. 7422 by Mr. Fraser, on March 16, 1967)1

A BILL To reduce crime and improve criminal procedures in the District of Columbia

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "District of Columbia Crime Reduction Act of 1967".

TITLE I-GUN CONTROL

SEC. 101. Section 1 of the Act entitled "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. 650), as amended, is amended to read as follows:

"SECTION 1. When used in this Act, unless the context otherwise requires— "(a) The term 'firearm' means any weapon which will or is designed to, or may readily be converted to, expel a projectile by the action of an explosive; or the frame or receiver of any such weapon.

"(b) 'Pistol' means any firearm (other than a sawed-off shotgun, machinegun, rifle, or shotgun) with a barrel less than twelve inches in length.

"(c) 'Sawed-off shotgun' means a shotgun having one or more barrels less than eighteen inches in length and any weapon made from a shotgun (whether by alteration, modification, or otherwise) if such weapon as modified has an overall length of less than twenty-six inches.

"(d) 'Machinegun' means any weapon which shoots, or is designed to shoot, automatically, or semiautomatically, more than one shot, without manual reloading, by a single function of the trigger.

(e) 'Rifle' means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger.

"(f) "Shotgun' means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to sue the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger.

"(g) 'Switchblade knife' means any knife having a blade which opens automatically

(1) by hand pressure applied to a button or other device in the handle of the knife, or

(2) by operation of inertia, gravity, or both.

"(h) 'Sell' and 'purchase' and the various derivatives of such words shall be construed to include letting on hire, giving, lending, borrowing, and otherwise transferring.

"(i) 'Felony' means any offense punishable by death or imprisonment for a term exceeding one year.

"(j) 'Crime of violence' means any of the following crimes, or an attempt to commit any of the same, namely: Murder, manslaughter, rape, mayhem, maliciously disfiguring another, abduction, kidnaping, burglary, housebreaking, larceny, any assault with intent to kill, commit rape, or robbery, assault with a dangerous weapon, or assault with intent to commit any felony.

(k) Commissioners' meand the Board of Commissioners of the District of Columbia, or their designated agent.

"(1) 'District' means the District of Columbia."

SEC. 102. Sections 3 through 14 of such Act approved July 8, 1932 (section 22-3203 through section 22-3214, D.C. Code, 1961 edition), as amended, are amended to read as follows:

"SEC. 3. (a) No person shall own or keep a pistol, or have a pistol in his possession or under this control within the District, if

"(1) he is under the age of twenty-one years, except under such regulations as the Commissioners may prescribe;

"(2) he is a narcotic drug addict who habitually uses any narcotic drug as defined by section 4731 of the Internal Revenue Code of 1954, as amended

1 Subsequently, the following bills, identical to these two, were introduced and referred to the Committee: H.R. 7568 by Mr. Scheuer; H.R. 8022 by Mr. Multer; H.R. 8067 by Mr. O'Hara; H.R. 8210 by Mr. Jacobs; H.R. 8358 by Mr. Bingham; H.R. 8419 by Mr. Corman; and H.R. 8471 by Mr. Moss.

(26 U.S.C., section 4731), so as to endanger the public morals, health, safety, or welfare, or who is so far addicted to the use of such narcotic drugs as to have lost the power of self-control with reference to his addiction;

"(3) he is a habitual user of dangerous drugs as defined in the Act approved July 24, 1956 (70 Stat. 612, ch. 676; section 33-701, D.C. Code): Provided, That this subsection shall not apply if such drugs are taken for therapeutic purposes prescribed in the course of legitimate medical treatment;

"(4) he has been convicted in the District or elsewhere of a felony; "(5) he has been convicted of violating section 1 of the Act entitled 'An Act for the suppression of prostitution in the District of Columbia' approved August 15, 1935 (49 Stat. 651; section 22-2701, D.C. Code), as amended, section 1 of the Act entitled 'An Act to confer concurrent jurisdiction on the police court of the District of Columbia in certain cases' approved July 16, 1912 (37 Stat. 192; section 22-2722, D.C. Code), or sections 1 and 3 of the Act entitled 'An Act to define and punish vagrancy in the District of Columbia, and for other purposes' approved December 17, 1941 (sections 22-3302 to 22-3306, D.C. Code), as amended;

"(6) he has been convicted of violating this Act: Provided, That this subsection shall not apply if such person establishes that he is licensed under section 10 of this Act;

"(7) he is a chronic alcoholic or habitual drunkard, or has been so determined during the next preceding three-year period; or

"(8) he has, or has had within the next preceding five-year period, a mental illness, disease or condition which substantially impairs, or has impaired, his mental health.

"(b) No person shall keep a pistol for, or intentionally make a pistol available to, any person whom he knows or has reasonable cause to believe is such a person as described in subsection (a) prohibited from possessing a pistol.

"(c) Whoever violates this section shall be punished as provided in section 15 of this Act, unless the violation occurs after such person has been convicted in the District of a violation of this Act or of a felony, either in the District or in another jurisdiction, in which case he shall be sentenced to imprisonment for not more than ten years.

"SEC. 4. (a) No person shall within the District

"(1) carry either openly or concealed on or about his person any pistol without a written permit therefor issued to him in accordance with section 6(a)(1) of this Act, and the permit shall set forth such restrictions and prohibitions as the Commissioners may impose pursuant to section 6(a)(3) of this Act;

"(2) own or have in his possession or under his custody or control in his dwelling house, private living quarters, place of business or on land owned or possessed by him any pistol without a written permit therefor issued to him in accordance with section 6(a)(2) of this Act, and the permit shall set forth such restrictions and prohibitions as the Commissioners may impose pursuant to section 6(a)(3) of this Act;

"(3) carry or have in his possession or under his custody or control, except in his dwelling house, private living quarters, place of business or on land owned or possessed by him, any rifle or shotgun, unless such rifle or shotgun be unloaded and encased in a suitable container;

"(4) own or have in his possession or under his custody or control any machinegun, sawed-off shotgun, or any instrument or weapon of the kind commonly known as a blackjack, slungshot, sandbag, switchblade knife, or metal knuckles, or any instrument, attachment or appliance for causing the firing of any firearm to be silent or intended to lessen or muffle the noise of the firing of any firearm, except as herein provided; or

"(5) carry either openly or concealed on or about his person, except in his dwelling house, private living quarters, place of business or on land owned or possessed by him, any deadly or dangerous weapon: Provided, That paragraphs (1), (2), and (4) of this section shall govern the carrying, possession, custody and control of the weapons described in those paragraphs. "(b) Any person within the District carrying or having in his possession or under his custody or control any pistol for the possession of which a permit has been issued to him as provided in this Act shall have such permit on his person or within his immediate custody. Any person having such possession, custody, or control of a pistol shall upon demand exhibit such permit to a law enforcement officer. The failure of any person to exhibit such permit as provided herein shall be cause for the revocation of any and all permits issued to him under this Act.

"(c) Whenever any deadly or dangerous weapon is found within an occupied motor vehicle and not on the person of any of the occupants, it shall be presumed that the deadly or dangerous weapon is possessed or under the custody or control of the occupants. If the vehicle is unoccupied, it shall be presumed that the deadly or dangerous weapon is possessed or under the custody or control of the registered owner of such motor vehicle.

(d) If any person within the District voluntarily delivers and abandons to a law enforcement officer any pistol, machinegun, sawed-off shotgun, shotgun, rifle, or other firearm, or blackjack, slungshot, sandbag, switchblade knife, or metal knuckles, or any instrument, attachment, or appliance for causing the firing of any firearm to be silent or intended to lessen or muffle the noise of the firing of any firearm, under circumstances that do not give reason to believe that any law other than subsection (a) or (b) of this section has been violated, the voluntary delivery of such weapon or instrument, attachment or appliance shall preclude the arrest and prosecution of such person on a charge of violating any provision of such subsection (a) or (b) with respect to such item voluntarily delivered. In the case of a voluntary delivery of any such weapon, instrument, attachment or appliance, such item shall be delivered to any police precinct between the hours of 7 a.m. and 6 p.m., shall be securely wrapped and, in the case of a firearm, shall be unloaded, and the bearer shall not have on his person or in his immediate possession any ammunition for such firearm. Any person within the District may summon a police officer to his residence or place of business for the purpose of voluntarily delivering to a police officer any such weapon, instrument, attachment or appliance which shall be securely wrapped, and if a firearm, shall be unloaded. Any such weapon, instrument, attachment or appliance delivered to any police officer or to any law enforcement officer shall be disposed of in accordance with orders or regulations prescribed by the Commissioners.

"(e) Whoever violates this section shall be punished as provided in section 15 of this Act, unless the violation occurs after such person has been convicted in the District of a violation of this Act or of a felony, either in the District or in another jurisdiction, in which case he shall be sentenced to imprisonment for not more than ten years.

"SEC. 5. (a) Section 4 of this Act shall not apply to the following:

“(1) law enforcement agents of the United States Government, and members of the Armed Forces of the United States, the National Guard or the Organized Reserves, when such persons are duly authorized to carry weapons.

"(b) The Commissioners are authorized in their discretion to make orders or regulations exempting from any or all of the provisions of section 4 of this Act any or all of the following class of persons:

"(1) police, marshals, sheriffs, prison or jail wardens, or their deputies, special policemen appointed pursuant to the Act approved March 3, 1899 (section 4-115, D.C. Code, 1961 edition), special privates appointed pursuant to sections 378 and 379 of the revised Statutes relating to the District (section 4-133, D.C. Code, 1961 edition) or employees of the United States or of the District, duly authorized to carry weapons;

"(2) employees of any bank, public carrier, express or armored-truck company organized and operating in good faith for the transportation of money or valuables;

"(3) persons licensed under sections 9 and 10 of this Act, and employees of persons so licensed, engaged in the business of manufacturing, repairing, or dealing in the weapons referred to in such sections; and

"(4) persons engaged in target shooting at duly authorized or licensed shooting galleries or ranges, or persons engaged in the operation of such shooting galleries or ranges.

"(c) The Commissioners are authorized to make orders and regulations to carry out the purposes of this Act, including without limitation, orders and regultions prescribing the form, content, and requirements respecting the number of copies of reports, applications, or permits required under or authorized by this Act and for recording and identifying each pistol owned, possessed or under the custody or control of a person; providing for the keeping and disposition of records by persons selling, purchasing, manufacturing, repairing, or delivering weapons, instruments, attachments and appliances covered by this Act; providing for the carrying of a pistol to and from a place of sale or repair or in moving goods from one place of abode or business to another; and further regulating the conduct of the businesses required to be licensed under this Act.

"SEC. 6. (a) (1) The Commissioners may, upon the written application of any person having a bona fide residence or who conducts business within the District, issue a permit to such person to carry either openly or concealed on or about his person a pistol within the District if the Commissioners are satisfied that the applicant is a person of good moral character and is a responsible person in the light of his age, reputation, employment, medical history, experience with firearms or other relevant matters, and if the Commissioners are satisfied that the applicant has a need for such pistol in order to protect his person or property, and is likely to use such pistol in a lawful manner.

"(2) The Commissioners may, upon the written application of any person having a bona fide residence or who conducts business within the District, issue a permit to such person to own or have in his possession or under his custody or control a pistol, which permit shall require such person to keep such pistol in his dwelling house, private living quarters, place of business or on land owned or possessed by him within the District. The Commissioners may issue such permit if they are satisfied the applicant is a person of good moral character and is a responsible person in the light of his age, reputation, employment, medical history, experience with firearms or other relevant matters, and if they are satisfied he has a need for such pistol to protect his person and property, and is likely to use such pistol in a lawful manner.

"(3) An application for a permit under this Act shall be processed within a reasonable time after such application is filed. Any permit issued under this section may include such reasonable restrictions and prohibitions with respect to the possession or carrying about of such pistol as the Commissioners may impose. Any permit issued under this section may be revoked by the Commissioners when they have reason to believe that the permittee no longer has the qualifications requisite for the issuance of such a permit; Provided, That such revocation shall be only upon written order, which order may be issued at any time during the period of the permit. Upon service on the permittee of an order revoking any such permit, the permittee shall immediately return such permit to the Commissioners. No permit shall be of any force or effect after the effective date stated in the order revoking it.

"(b) The Commissioners shall require that each applicant for a permit under this Act, as a condition to being issued such a permit, be fingerprinted and photographed.

"(c) A fee, in an amount fixed by the Commissioners, shall be paid upon the application for a permit, but such fee shall not exceed $5 for each pistol, and the fee need not be uniform for all pistols owned by a single person.

"(d) The Commissioners are authorized to prescribe the duration of the permit and to require renewals thereof at such times as they deem appropriate. "(e) The United States Government and District of Columbia government are not required to obtain any permits under this Act.

"SEC. 7. (a) No person shall within the District sell any pistol to a person who he has reasonable cause to believe is such a person as described in this Act forbidden to possess a pistol. No person shall within the District sell any pistol to a purchaser unless the purchaser is personally known to the seller or shall present clear evidence of his identity, and such person exhibits to the seller either a permit to possess a pistol or carry such pistol issued by the Commissioners. Such seller shall make a record of such permit in such manner as may be required by regulation.

"(b) Whoever violates this section shall be punished as provided in section 15 of this Act, unless the violation occurs after such person has been convicted in the District of a violation of this Act or of a felony, either in the District or in another jurisdiction, in which case he shall be sentenced to imprisonment for not more than ten years.

"SEC. 8. (a) No person shall purchase any pistol within the District without first obtaining either a permit to possess a pistol or a permit to carry a pistol from the Commissioners. At the time of making a purchase of a pistol the purchaser shall exhibit to the seller either a permit to possess a pistol or carry such pistol issued by the Commissioners.

"SEC. 9. No person shall within the District engage in the business of selling, or manufacturing, or repairing firearms or blackjacks without being licensed as provided in section 10 of this Act.

76-37667- -2

"SEC. 10. (a) The Commissioners may grant licenses, effective for not more than one year from date of issue, permitting the licensee to sell at retail or at wholesale, or to manufacture or to repair firearms or blackjacks. Whenever any such licensee breaches any condition upon which his license was issued or violates any provision of this Act or of any provision of section 7 of the Act of July 1, 1902 (32 Stat. 622, et seq., ch. 1352; ch. 23, title 47, D.C. Code, 1961 edition), which is applicable to any such licensee or of any applicable regulation made pursuant to such Acts, the license shall be subject to suspension or revocation and the licensee shall be subject to punishment as provided in this Act.

"(b) Except as otherwise provided in this Act, the provisions of section 7 of the Act approved July 1, 1902 (32 Stat. 622, et seq., ch. 1352; ch. 23, title 47, D.C. Code, 1961 edition), relating to the issuance, revocation, suspension, transfer, and assignment of licenses, and license taxes or fees, and the provisions of such section 7 relating to the supervision, regulation, and inspection of licensed businesses shall be applicable to licenses authorized to be issued by this section and to the holders of such licenses.

"(c) The Commissioners are authorized and empowered to fix, and from time to time increase or decrease, fees for any services rendered under this section. The Commissioners shall increase, decrease, or fix fees in such amounts as will, in the judgment of the Commissioners, approximate the cost to the District of administering this section.

"SEC. 11. It shall be unlawful for any person in purchasing any weapon or applying for any permit or license under this Act, or in giving any information pursuant to the requirements of this Act to give false information or offer false evidence of his identity.

"SEC. 12. It shall be unlawful for any person within the District to change, alter, remove, or obliterate the name of the maker, model, manufacturer's number, or other mark or identification on any firearm: Provided, That nothing contained in this section shall apply to any officer or agent of any department or agency of the United States or the District engaged in research or experimental work.

"SEC. 13. This Act shall not apply to toy or antique pistols unsuitable for use as firearms, except that no person shall within the District possess any such toy or antique pistol with intent to use the same unlawfully. As used in this section, 'antique pistol' means any firearm of a design used before the year 1870 (including any matchlock, flintlock, percussion cap, or similar early type of ignition system), or replica thereof, whether actually manufactured before or after the year 1870; but such term shall not include any weapon designed for use with smokeless power or using rimfire or conventional center-fire ignition with fixed ammunition. "SEC. 14. (a) No person, including those persons as may be exempted by subsection (a) of section 5 of this Act or exempted by the Commissioners from the provisions of subsection (a) of section 4 of this Act, shall within the District of Columbia possess, with intent to use unlawfully, any dangerous or deadly instrument, object, or weapon, including, but not limited to, any pistol, machinegun, sawed-off shotgun, shotgun, rifle, or other firearm, or imitation pistol or firearm, or blackjack, slingshot, sandbag, metal knuckles, or any instrument, attachment, or appliance for causing the firing of any firearm to be silent or intended to lessen or muffle the noise of the firing of any firearm, or dagger, dirk, razor, stiletto, or any knife.

"(b) Whoever violates this section shall be punished as provided in section 15 of this Act, unless the violation occurs after he has been convicted in the District of a violation of this Act or of a felony, either in the District or in another jurisdiction, in which case he shall be imprisoned for not more than ten years.'

SEC. 103. Such Act approved July 8, 1932, as amended, is amended by adding at the end thereof the following new sections:

"SEC. 19. (a) Any order or notice required by this Act to be served shall be deemed to have been served when served by any of the following methods;

"(1) when forwarded to the last known address of the person to be served by registered mail, postage prepaid;

"(2) when delivered to the person to be notified; or

"(3) when left at the usual residence or place of business of the person to be notified with a person of suitable age and discretion then resident or employed therein.

"(b) Any notice to a corporation shall, for the purposes of this Act, be deemed to have been served on such corporation if served on the president, secretary, treasurer, general manager, or any principal officer of such corporation in the manner hereinbefore provided for the service of notices on natural persons; and notices to a foreign corporation shall, for the purposes of this Act, be deemed

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