Code of the District of Columbia

§ 35–254. Penalties.

(a)(1) Except as provided in subsection (b)(1) of this section, a violation of § 35-251(b) or § 35-252 shall be punishable by a civil fine of not more than $50.

(2)(A) Violations penalized under this subsection shall be adjudicated by the Office of Administrative Hearings in accordance with subchapter II of Chapter 12 of Title 48; provided, that a person issued a notice of infraction shall not be assessed any additional penalties other than the civil fine for the violation, including the penalties described in §§ 48-1212(e) and 48-1213|(d).

(B) The Office of Administrative Hearings, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules to implement the provisions of this paragraph.

(3) Individuals authorized to issue notices of infractions for the violations penalized under this subsection include any police officer with authority to make arrests within the District, including members of the Metro Transit Police Department.

(b)(1) A violation of section § 35-251(b)(6), (c) or (d) shall be punishable by a fine of not more than $300, imprisonment of not more than 90 days, not fewer than 30 hours of community service, or a combination of any 2 penalties, except that imprisonment and community service shall not be imposed together.

(2) The fine set forth in this subsection shall not be limited by Chapter 35B of Title 22.

(3) All prosecutions under this subsection shall be brought by the Attorney General for the District of Columbia.


(Sept. 23, 1975, D.C. Law 1-18, § 5, formerly § 4, 22 DCR 1995; renumbered, Feb. 22, 1978, D.C. Law 2-40, § 2(b), 24 DCR 3344; June 29, 1984, D.C. Law 5-91, § 3(b), 31 DCR 2539; Oct. 1, 1992, D.C. Law 9-171, § 2(b), 39 DCR 5831; May 3, 2019, D.C. Law 22-310, § 4(c), 66 DCR 1395; Apr. 27, 2021, D.C. Law 23-274, § 1402, 68 DCR 001034.)

Prior Codifications

2001 Ed., § 35-253.

1981 Ed., § 44-226.

1973 Ed., § 44-218.

Section References

This section is referenced in § 35-251.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 7 of Omnibus Public Safety and Justice Emergency Amendment Act of 2021 (D.C. Act 24-25, Feb. 26, 2021, 68 DCR 002604).

For temporary (90 days) amendment of this section, see § 6 of Firearms Safety Omnibus Clarification Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-342, July 27, 2020, 67 DCR 9368).

For temporary (90 days) amendment of this section, see § 6 of Firearms Safety Omnibus Clarification Emergency Amendment Act of 2020 (D.C. Act 23-297, May 1, 2020, 67 DCR 5037).

For temporary (90 days) amendment of this section, see § 6 of Firearms Safety Omnibus Clarification Congressional Review Emergency Amendment Act of 2019 (D.C. Act 23-103, July 24, 2019, 66 DCR 9738).

For temporary (90 days) amendment of this section, see § 5 of Firearms Safety Omnibus Clarification Emergency Amendment Act of 2019 (D.C. Act 23-49, May 16, 2019, 66 DCR 6310).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 6 of Firearms Safety Omnibus Clarification Temporary Amendment Act of 2020 (D.C. Law 23-123, Aug. 6, 2020, 67 DCR 5103).

For temporary (225 days) amendment of this section, see § 6 of Firearms Safety Omnibus Clarification Temporary Amendment Act of 2019 (D.C. Law 23-17, Sept. 11, 2019, 66 DCR 8741).