Concealed Pistol License

The time for filing a hearing request at OAH depends on the type of decision you want to appeal:

CPL Application Denial:

If you applied for a CPL and MPD denied your application, you can request a hearing at OAH within 15 days after the date of the notice of denial.

CPL Revocation or Limitation:

If you already have a CPL but MPD decided to revoke or limit your license, MPD must give you a notice of intent to limit or revoke the license. You can request a hearing at OAH within 15 days of the date of the notice of intent.

CPL Summary Suspension or Limitation:

If MPD summarily suspended or limited your CPL, meaning MPD took the action immediately without a hearing, MPD must give you a notice explaining the action, the reason for the action, and your right to request a hearing. You can request a hearing at OAH within 72 hours from the date of the notice of summary suspension or limitation.

To request a hearing, you can complete and file the Concealed Pistol License Appeal form. Please include with the form a copy of MPD notice you are appealing.

Visit the Filings & Forms page for instructions on how you can file the completed form with OAH.

OAH Rule 2808 has more information about hearing requests.

The OAH Rules explain all the steps required to complete the OAH hearing process, from requesting a hearing to appealing a judge’s final decision. You can find the OAH Rules on the Rules & Laws page. You must follow the OAH Rules throughout the process.

All the rules that apply to a CPL case are in Chapter 28. The table of contents for Chapter 28 can help guide you to the information you need.

Every case has its own facts and circumstances, so some cases may involve laws and regulations that are not listed on this page. However, the D.C. Code and the D.C. Municipal Regulations (DCMR) generally cover firearm registration cases.

The D.C. Code is where you can find laws passed by the D.C. Council, such as laws regulating CPLs. Within the bounds of those laws, the D.C. agency with authority to administer certain laws makes regulations with specific requirements and procedures. Regulations are often more detailed than laws, but laws have more authority. If there is a discrepancy between a law and a regulation, the law applies. When a judge decides a case at OAH, they may apply both laws and regulations to reach a final decision.

The laws governing CPLs in D.C. are in Title 7, Chapter 25, Subchapter IX of the D.C. Code. This chapter has sections that cover application requirements, duties of licensees, revocation and suspension of licenses, and prohibitions on carrying concealed pistols, among other things.

MPD administers CPL laws, and the Chief of Police has authority to make regulations regarding CPLs. These regulations are in Title 24, Chapter 23, Section 2332 through 2348 of the D.C. Municipal Regulations (DCMR). This chapter has sections on CPL requirements and applications, denials, revocations, and appeals, among other things.

It can be helpful to navigate to the relevant title and chapter numbers in the D.C. Code and DCMR and look at the section headings. The headings can help guide you to the sections that may apply to the specific issues in your case.

If you are having difficulty finding or understanding laws or regulations that may apply to your case, click on the “I need more help” tab below for more information about who you can contact for help.

After you file a hearing request, generally the next step of the process will be explained in a “scheduling order” that OAH will send you by mail, and by email if you provide an email address.

The judge may first schedule a “status hearing,” also called a “status conference.” The purpose of a status hearing is for the judge to meet with the parties to generally talk about the issues in the case and next steps. Some cases may require more than one status hearing. The scheduling order will explain the purpose of a status hearing, but there often is not much preparation needed for a status hearing.

If needed, the case will then be scheduled for an “evidentiary hearing.” The purpose of the evidentiary hearing is for each side to give “evidence” to support their side of the case. The scheduling order for an evidentiary hearing will have specific instructions, but hearing preparation generally involves each side collecting the information they want the judge to know and planning how to present the information during the hearing.

Information you present during a hearing is called “evidence.” There are two broad categories of evidence:

• Verbal testimony (what you and other witnesses say at the hearing)
• Documents, photographs, or other physical items

For testimony, you can practice telling your side of the story before the hearing. If you have witnesses that will testify on your behalf, you can ask your witnesses to practice their testimony as well. Practicing your testimony can help make sure you and your witnesses don’t accidentally leave out important information and can help you feel more comfortable on the day of the hearing.

Documents, photographs, or other items you plan to use to support your case are called “exhibits.” You should collect all your exhibits before the hearing so that you can file copies with OAH and “serve” copies on the other party by the deadline given in the scheduling order. “Serving” means delivering, mailing, or faxing a copy of the exhibit to the other party. You can also serve exhibits by email if you and the other party have agreed in writing to allow service by email.

Also, as you prepare exhibits, keep in mind that OAH is separate from MPD. This means that OAH does not automatically have copies of MPD’s records. To use those documents at the hearing, you still need to file copies with OAH.

As part of your hearing preparation, you should also keep in mind that properly filing an exhibit does not automatically mean that the judge can rely on the information in the exhibit when making a decision. Instead, you need to be prepared to introduce the exhibit during your testimony or a witness’s testimony. In other words, you or a witness will need to describe the item and may need to answer questions about it, so that the judge can be satisfied that the item is relevant to the case and is reliable. After you or a witness describe an exhibit and answer any questions from the judge or the other party, you can then ask the judge to admit the exhibit into evidence. If the judge allows the exhibit into evidence, you can then refer to the item in detail during your testimony, and the judge can rely on the item when making a decision. You need to be prepared for this process for each individual exhibit. It is a good idea to bring a list of all the exhibits you plan on using during the hearing, so you can keep track of what you have talked about and whether the judge has admitted the exhibit into evidence.

Lastly, when you come to the hearing, you should have copies of all exhibits, both your own and the other party’s. OAH normally does not provide copies of the exhibits for the parties. Each party needs to bring their own copies.

Here are some of the common OAH Rules that apply to hearing preparation: Rule 2809 (Filing of Papers); Rule 2811 (How to Serve a Paper); Rule 2812 (Calculating Deadlines); Rule 2813 (Motions Procedure); Rule 2821 (Hearings and Evidence). Other rules may apply, so it is a good idea to familiarize yourself with the OAH Rules’ table of contents so that you know where to go to look for particular requirements. The OAH Rules are on the Rules & Laws page.

All exhibits must be filed with OAH and served to the other party.

You can file exhibits with OAH in person; by mail, email, or fax; or through the OAH E-Filing Portal. Visit the Filings & Forms page for specific filing instructions.

“Serving” means delivering, mailing, or faxing copies of your exhibits to the other party. If the other party has agreed in writing, you may also send exhibits by email.

Each party must file and serve exhibits by the deadline given in the scheduling order to make sure both sides have opportunity to review all the documents and other items the other side intends to use to support their case.

If you do not know the contact information for the other party, look at the “Certificate of Service” at the end of the scheduling order you receive from OAH. The Certificate of Service lists the contact information for each party.

You should look closely at your scheduling order for information about how your hearing will be held, but most OAH hearings are currently remote and are scheduled to take place by telephone. OAH uses a program called Webex to hold remote hearings, but only a phone is required for anyone to join. Visit the Webex Hearings page for more information about joining a remote hearing by phone.

If you are scheduled for a telephone hearing, you can request a video hearing or an in person hearing, using the Request for Video Conference or In-Person Hearing form. Or, if you are scheduled for an in-person hearing, you can request to join the hearing by phone, using the Request to Participate by Telephone form.

Whether remote or in person, an evidentiary hearing is generally divided into three main parts:

• Opening statements
• Presentations of evidence
• Closing arguments

An opening statement is not required but is your chance to give the judge a broad overview of your case and what you intend to prove through your evidence. The opening statement is not testimony and does not count as evidence, however. So, remember to present all of your evidence during the next part of the hearing, even if you talked about it already in your opening statement.

The presentation of evidence is the main part of the hearing. The judge will explain how the hearing will go before it begins, but the side with the “burden of proof” normally goes first when giving evidence. In CPL cases, the burden of proof is on MPD, meaning MPD normally goes first and must give sufficient facts to prove that the decision regarding a CPL was appropriate under the relevant laws and regulations.

After the agency presents its evidence, it will then be your turn to give evidence. You can give testimony and, if the judge allows your exhibits into evidence, talk about the documents or other items you have as evidence. You can also have your witnesses attend and ask them questions to get them to testify on your behalf. Asking questions of your own witnesses is called “direct examination.”

After you or a witness are done giving testimony, the other side can ask questions about the testimony that was given. This is called “cross examination.” Likewise, after the other side’s witnesses give testimony as part of their presentation of evidence, you will have the opportunity to ask them questions. However, neither side is required to ask cross examination questions, and the judge will not assume you agree with the testimony of the other side’s witnesses if you choose not to question them. The judge may also have questions for the parties and witnesses throughout the hearing.

Finally, after both sides have presented their evidence, each side can give a closing argument. A closing argument is not required but is your opportunity to summarize your evidence and arguments as to why you should win. The closing argument is not evidence, and you generally cannot introduce new exhibits during your closing or talk about information that was not admitted into evidence.

Throughout the process, keep in mind that all evidence and arguments are being given directly to the judge. An evidentiary hearing is not an opportunity for the parties to talk and argue between themselves. So, you should practice your opening statement, presentation of evidence, and closing argument as if you are speaking directly to the judge.

Yes. Upon request, OAH will provide a free court-certified interpreter at your hearing. You cannot have a friend or family member interpret for you during a hearing.

You may request an interpreter when you file your answer, or you may request an interpreter at any other time by calling OAH at (202) 442-9094 or by emailing [email protected].

If you have not requested an interpreter by the day of your hearing, you should let the judge know that you need an interpreter, and the judge can try to get an interpreter. If the judge cannot find an interpreter right away, the judge will need to reschedule the hearing to give time for OAH to schedule an interpreter for a new hearing date.

will also provide an interpreter if you need to speak with an OAH Customer Service Representative or Resource Center staff, whether visiting in person or calling OAH by phone. Simply ask for an interpreter and identify your language when you visit or call, and OAH staff will contact an interpreter to assist.

Yes. Upon request, OAH will provide reasonable accommodations to allow you to participate in your hearing. You may request an accommodation when you file your answer, or you may request an accommodation at any other time by calling OAH at (202) 442-9094 or by emailing [email protected]. Please explain the accommodation you need, and OAH staff will get in touch with you to plan and schedule reasonable accommodations for the day of your hearing.

You may request a different hearing date, also called a “continuance.”

For this type of request, you must first reach out to the other party to see if they will agree to a different hearing date. The other party doesn’t have to agree, or even respond. But you at least need to make a good faith effort to get the other party’s consent.

You then must file your request with OAH and send a copy of the request to the other party. To make sure you give OAH all the information needed for this type of request, you may use the Request for a Different Hearing Date form.

You should never assume that a request is granted. If your hearing date is approaching and you have not received a written response, please contact the OAH Clerk’s Office to see if the judge has acted on your request. If the judge has not acted on the request by your hearing date, then the hearing will be held as originally scheduled and you will be required to attend.

OAH Rule 2813 has more information about filing case-related requests, also called “motions.” The OAH Rules are on the Rules & Laws page.

If you missed your hearing, and you still want a hearing, you must ask for a new hearing date in writing as soon as possible. Even if the judge sends a Final Order in the other party’s favor before you file your request, the judge can still grant a new hearing and change the final order. However, you must give a good reason for having missed the hearing. To make a request, you may complete the Request for a New Hearing form and file the form with OAH and serve a copy on the other party.

OAH Rule 2828 explains more about this type of request. OAH Rule 2813 has more information about filing case-related requests, also called “motions.” The OAH Rules are on the Rules & Laws page.

The judge will not make a final decision about your case during a hearing. Rather, the judge will take time after the hearing to carefully consider all the evidence before making a final decision in writing. The judge’s written decision is called a “final order.” The final order will be sent to all parties to the case and will explain the facts of the case as determined by the judge, the laws that apply to the case, and the judge’s legal conclusions based on how the law applies to the facts.

The final order will also explain your appeal rights, in case you disagree with the judge’s decision.

If you disagree with a final order, you may either:

• ask the OAH judge to reconsider the decision or grant relief from the final order, or
• file an appeal with the D.C. Court of Appeals.

Visit the Closed Case Forms page, under “Filings & Forms,” for more information and instructions.

If you are representing yourself and need additional help, you may talk with someone with the OAH Resource Center. Please call (202)-442-9094 and press “4” from the main menu, or send an email to [email protected]. The OAH Resource Center cannot give legal advice or be your lawyer, but our staff are happy to answer questions and give general information to help you through the OAH process.