2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 25 - Firearms Control › Subchapter IX - Licenses to Carry a Pistol › § 7–2509.08. Concealed pistol licensing appeals

§ 7–2509.08. Concealed pistol licensing appeals.
*NOTE: This section includes amendments by temporary legislation that will expire on May 17, 2024. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version.*
*NOTE: This section includes amendments by temporary legislation that will expire on August 1, 2024. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version.*
(a) The Office of Administrative Hearings shall hear appeals from:
(1) A denial of an application or renewal application for a license to carry a concealed pistol in the District pursuant to this unit;
(2) A summary suspension or limitation of a license to carry a concealed pistol; or
(3) A limitation or revocation of a license to carry a concealed pistol.
(b) Repealed.
(c) Repealed.
(d)(1) Notwithstanding any other provision of law, the procedures for appeals under this section shall be governed by 1 DCMR § 1200
et seq.
until such time as the Chief Administrative Law Judge may repeal them or re-establish procedures by rule pursuant to § 2-1831.05.
(2) The burden of production of evidence and the burden of persuasion for an appeal brought under this section shall be upon the Chief of Police of the Metropolitan Police Department of the District of Columbia or his designated agent. This provision controls over, and may not be altered by, any rule of procedure or regulation promulgated by either the Office of Administrative Hearings or the Metropolitan Police Department.
(e) Hearings conducted pursuant to this section shall be confidential and not open to the public.
(f) Repealed.
(Sept. 24, 1976, D.C. Law 1-85, § 908; as added June 16, 2015, D.C. Law 20-279, § 2(f), 62 DCR 1944; Dec. 3, 2020, D.C. Law 23-149, § 3052, 67 DCR 10493; Nov. 13, 2021, D.C. Law 24-45, § 3023, 68 DCR 010163; Oct. 5, 2023, D.C. Law 25-63, § 3(d), 70 DCR 9691; Dec. 20, 2023, D.C. Law 25-97, § 2(b), 70 DCR 14510.)
Applicability
Section 7 of D.C. Act 25-138 provided that the amendments made to this section by D.C. Act 25-138 shall apply as of October 1, 2023. D.C. Act 25-138 will expire before that date.
Emergency Legislation
For temporary (90 days) amendment of this section, see § 2(b) of Office of Administrative Hearings Jurisdiction Clarification Emergency Amendment Act of 2023 (D.C. Act 25-237, Oct. 11, 2023, 70 DCR 13794).
For temporary (90 days) amendment of this section, see § 3(d) of Office of Administrative Hearings Jurisdiction Congressional Review Emergency Amendment Act of 2023 (D.C. Act 25-231, Oct. 11, 2023, 70 DCR 13773).
For temporary (90 days) amendment of this section, see § 3(d) of Office of Administrative Hearings Jurisdiction Emergency Amendment Act of 2023 (D.C. Act 25-138, June 27, 2023, 70 DCR 9069).
For temporary (90 days) amendment of this section, see § 3023 of Fiscal Year 2022 Budget Support Emergency Act of 2021 (D.C. Act 24-159, Aug. 23, 2021, 68 DCR 008602).
For temporary (90 days) amendment of this section, see § 2 of Concealed Pistol Licensing Review Board Membership Emergency Amendment Act of 2020 (D.C. Act 23-359, Aug. 5, 2020, 67 DCR 9666).
Temporary Legislation
For temporary (225 days) amendment of this section, see § 2(b) of Office of Administrative Hearings Jurisdiction Clarification Temporary Amendment Act of 2023 (D.C. Law 25-97, Dec. 20, 2023, 70 DCR 14510).
For temporary (225 days) amendment of this section, see § 3(d) of Office of Administrative Hearings Jurisdiction Temporary Amendment Act of 2023 (D.C. Law 25-63, Oct. 5, 2023, 70 DCR 9691).
For temporary (225 days) amendment of this section, see § 2 of Concealed Pistol Licensing Review Board Membership Temporary Amendment Act of 2020 (D.C. Law 23-142, Oct. 20, 2020, 67 DCR 9910).