1
_____________________________ 2
Councilmember Brianne K. Nadeau 3
4
5
6
A PROPOSED RESOLUTION 7
8
___________ 9
10
IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 11
12
____________________ 13
14
To declare the existence of an emergency with respect to the need to amend the Firearms Control 15
Regulations Act of 1975 to provide for the Chief of Police of the Metropolitan Police 16
Department to have the burden of production and burden of persuasion in an appeal of 17
the Chief’s firearm registration certificate or concealed pistol license determination 18
before the Office of Administrative Hearings. 19
20
RESOLVED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 21
resolution may be cited as the “Office of Administrative Hearings Jurisdiction Clarification 22
Emergency Declaration Resolution of 2023”. 23
Sec. 2. (a) On June 6, 2023, the Council adopted Bill 25-310, the Office of 24
Administrative Hearings Jurisdiction Emergency Amendment Act of 2023, which transferred 25
jurisdiction of appeals of the Chief’s denial or revocation of a concealed pistol license (“CPL”) 26
to the Office of Administrative Hearings, effective October 1, 2023. Temporary legislation is 27
expected to become law on November 9, 2023, and permanent legislation has been introduced. 28
(b) Upon review of the current licensing scheme, the Council believes it is most 29
appropriate for the burden of proof in appeals of the Chief’s decisions regarding firearm 30
registration certificates and concealed pistol licenses to be on the Chief, rather than the applicant 31
or licensee/registrant, as currently required by law. 32 (c) Emergency action is necessary so that the appropriate burden of proof is in place 33
when the Office of Administrative Hearings takes jurisdiction of CPL appeals on October 1 34
while the Council considers permanent legislation. 35
Sec. 3. The Council of the District of Columbia determines that the circumstances 36
enumerated in section 2 constitute emergency circumstances making it necessary that the Office 37
of Administrative Hearings Jurisdiction Clarification Emergency Amendment Act of 2023 be 38
adopted after a single reading. 39
Sec. 4. This resolution shall take effect immediately. 40