Code of the District of Columbia

§ 48–905.03. Burden of proof.

(a) It is not necessary for the prosecution to negate any exemption or exception in this chapter in any complaint, information, indictment, or other pleading or in any trial, hearing, or other proceeding under this chapter. The burden of proof of any exemption or exception is upon the person claiming it.

(b) In the absence of proof that a person is the duly authorized holder of an appropriate registration or order form issued under this chapter, he or she is presumed not to be the holder of the registration or form. The burden of proof is upon him or her to rebut the presumption.

(c) Subsections (a) and (b) of this section shall not apply to D.C. Law 20-278.

(Aug. 5, 1981, D.C. Law 4-29, § 503, 28 DCR 3081; June 16, 2015, D.C. Law 20-278, § 301, 62 DCR 1920.)

Prior Codifications

1981 Ed., § 33-553.

Section References

This section is referenced in § 48-903.04.

Effect of Amendments

The 2015 amendment by D.C. Law 20-278 added (c).

Editor's Notes

D.C. Law 20-278, referred to in (c), enacted Chapter 3 of Title 41 (§ 41-301 et seq.), made amendments to the criminal offenses in §§ 48-901.02 and 48-905.02, and made conforming amendments to §§ 7-2507.06a, 8-905, 22-902, 22-1705, 22-2723, 32-1343, 48-905.03, and 50-1501.04.