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Councilmember Brianne K. Nadeau 2
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A PROPOSED RESOLUTION 6
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 10
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To declare the existence of an emergency, due to congressional review, with respect to the need 14
to amend the Firearms Control Regulations Act of 1975 to provide for the Chief of Police 15
of the Metropolitan Police Department to have the burden of production and burden of 16
persuasion in an appeal of the Chief’s firearm registration certificate or concealed pistol 17
license determination before the Office of Administrative Hearings. 18
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RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 20
resolution may be cited as the “Office of Administrative Hearings Jurisdiction Clarification 21
Congressional Review Emergency Declaration Resolution of 2023”. 22
Sec. 2. (a) On September 19, 2023, the Council passed the Office of Administrative 23
Hearings Jurisdiction Clarification Emergency Amendment Act of 2023, effective October 11, 24
2023 (D.C. Act 25-237; 70 DCR 13794) ("emergency act"), which will expire on January 9, 25
2024. 26
(b) On October 3, 2023, the Council passed the Office of Administrative Hearings 27
Jurisdiction Clarification Temporary Amendment Act of 2023, enacted on October 30, 2023 28
(D.C. Act 24-289; 70 DCR 14510) (“temporary act”), which is projected to become law on 29
January 17, 2024. 30
(c) This emergency legislation is necessary to ensure that there is no gap between the 31
expiration of the emergency act and the effective date of the temporary act. 32 2
Sec. 3. The Council of the District of Columbia determines that the circumstances 33
enumerated in section 2 constitute emergency circumstances making it necessary that the Office 34
of Administrative Hearings Jurisdiction Clarification Congressional Review Emergency 35
Amendment Act of 2023 be adopted after a single reading. 36
Sec. 4. This resolution shall take effect immediately. 37