§ 22–4503.03. Endangerment with a firearm.

*NOTE: This section was created by temporary legislation that will expire on June 9, 2024.*

(a) A person commits endangerment with a firearm when the person:

(1) Knowingly discharges a projectile from a firearm outside a licensed firing range; and

(2) Either:

(A) The person knows that the discharged projectile creates a substantial risk of death or bodily injury to another person; or

(B) In fact:

(i) The person is in, or the discharged projectile travels through or stops in, a location that is:

(I) Open to the general public at the time of the offense;

(II) A communal area of multi-unit housing; or

(III) Inside a public conveyance or a rail station; and

(ii) The person does not have permission to discharge a projectile from a firearm under:

(I) A written permit issued by the Metropolitan Police Department; or

(II) Other District or federal law.

(b) Except as provided in subsection (c) of this section, whoever violates this section shall upon conviction be fined no more than the amount set forth in § 22-3571.01, or incarcerated for no more than 5 years, or both.

(c) Whoever violates this section shall upon conviction be fined no more than the amount set forth in § 22-3571.01, or incarcerated for no more than 10 years, or both, if:

(1) The violation of this section occurs after a person has been convicted of a felony, either in the District of Columbia or another jurisdiction; or

(2) Five or more projectiles are discharged from a firearm within a single course of conduct.

(d) When arising from the same act or course of conduct, a conviction for an offense under this section shall merge with a conviction:

(1) Under § 22-4503.01; or

(2) For another offense outside of this act that has, as an element in the offense definition or in the applicable penalty enhancement, possessing or having readily available a firearm, imitation firearm, or dangerous weapon.

(e) No mental state shall be required as to any element under subsection (a)(2)(B) of this section.

(f) It shall be a defense to liability under this section that the person discharged a firearm under circumstances constituting lawful self-defense or defense of others.