Washington DC Gun Crime Lawyer

Washington DC Gun Lawyer | Understanding DC Gun Laws

In the District of Columbia, individuals can register rifles, shotguns, revolvers, and handguns. However, it’s crucial to be aware that possessing a magazine with more than ten rounds of ammunition is illegal. According to D.C. Official Code § 7-2502.02, registration of the following firearms is not permitted:

• Handguns deemed unsafe under D.C. Official Code § 7-2505.04
• Sawed-off shotguns
• Assault weapons
• .50 BMG rifles
• Machine guns
• Short-barreled rifles

For detailed definitions and further information regarding these restrictions, please refer to the MPD publication, “Firearms Eligible for Registration,” accessible at MPD offices or online at mpdc.dc.gov/firearms.

The District of Columbia has stringent laws when it comes to gun control. Unfortunately, due to the complexity of these laws, it is easy to run afoul of them.

It is legal for you to own a registered firearm in DC at the baseline. Without an additional license to carry, however, you need to follow strict guidelines while transporting that firearm in the district:

1. If transporting using a vehicle, the firearm has to be unloaded. Neither the gun nor any ammunition being transported should be readily accessible from the passenger compartment of the transporting vehicle. Suppose the transporting vehicle does not have a compartment separate from the driver’s compartment. In that case, the gun owner must contain the firearm or ammunition in a locked container other than the glove compartment or console, and the gun must be unloaded.
2. If the firearm is being transported in a manner that does not use a vehicle, the gun must be
   • unloaded;
   • inside a locked container; and
   • separate from any ammunition.

Unregistered Firearms Offense in Washington, DC

A 1st-time conviction for possession of an unregistered firearm in DC is a misdemeanor offense carrying a penalty of 1 year of jail time and a fine of up to $2,500.

A 2nd or subsequent conviction for possession of an unregistered firearm is a felony offense carrying a penalty of 5 years in prison and a fine of $12,500.

It is also unlawful to possess ammunition without a registered firearm. Possession of a gun without registration is a misdemeanor offense carrying a penalty of 1 year of jail time and a fine of up to $2,500. Note that this offense is separate from the violation of possession of an unregistered firearm, so if you are caught with a loaded, unregistered firearm, the police officer can charge you for both the gun and the ammunition. Contact Ervin Kibria PLLC to speak to a DC Gun Lawyer.

Unlawful Possession of a Firearm in Washington, DC

Per DC Code §22–4503, there are certain circumstances under which you are not allowed to own a gun in DC at all. These circumstances include:

1. If you have been convicted of a felony.
2. If you are a fugitive from justice, meaning:
   • You fled to avoid prosecution for a crime or to avoid giving testimony in a criminal proceeding; or
   • You have escaped from a federal, state, or local prison, jail, halfway house, or detention facility or from the custody of a law enforcement officer.
3. If you are addicted to any controlled substance.
4. If you are subject to a court order requiring you to relinquish possession of firearms.
5. If you have been convicted within the past five years of an intrafamily offense, which means any interpersonal, intimate partner, or intrafamily violence.

The last item on the list is quite essential, as an intrafamily offense can be a misdemeanor offense under DC law—such as a domestic assault that did not result in any physical injury—but will still prevent you from owning a firearm in DC.

Suppose you violate the unlawful possession of a firearm law because you are a felon (reason one on the list above). In that case, the penalty is a minimum sentence of 1 year and a maximum sentence of 10 years, plus a fine of $25,000. If you have a prior conviction for a crime of violence (defined by DC Code §23-1331(4)), the penalty goes up, resulting in a minimum sentence of 3 years in prison and a maximum sentence of 15 years in prison, plus a fine of up to $37,500.

Suppose you violate the unlawful possession of a firearm law for the other listed reasons (reasons 2-5 on the list above). In that case, the penalty is a minimum sentence of 2 years and a maximum sentence of 10 years, plus a fine of $25,000.

Concealed Carry GUN in Washington, DC

As the name would suggest, concealed carry is the practice of carrying a concealed weapon on one person. In line with its harsh stance on gun control, the DC laws on concealed carry are stringent, making it easy to get in trouble on this issue in the District of Columbia.

One mistake people often make is that as long as they have a license for concealed carry from their home state, they will be fine bringing their gun into DC. This assumption is flawed. DC does not honor concealed carry licenses issued by any other state.  

That means if you have a license for concealed carry from another state, you are still required to apply for and receive a concealed carry license from the DC Chief of Police before you are legally allowed to carry a gun upon your person.

Many restrictions are placed upon a concealed carry license in DC. One essential requirement is always having the permit to carry and the registration information for the firearm you are taking. Another is that you cannot carry more ammunition than required to load the gun twice and no more than 20 rounds under any circumstances.

Additionally, you cannot carry a firearm while consuming alcohol or impaired. There are also places where and circumstances under which you are not allowed to carry a concealed firearm even if you do have a concealed carry license:

1. A building or office occupied by the District of Columbia or its agencies.
2. The building and grounds, including any adjacent parking lot of a childcare facility, preschool, elementary or secondary school, or a public or private college or university.
3. A hospital or an office where medical or mental health services are the primary services provided.
4. A penal institution, secure juvenile residential facility, or halfway house.
5. A polling place while voting is occurring.
6. A public vehicle, including the Metrorail transit system and its stations.
7. Any premises where alcohol is served, sold, and consumed on the premises (according to a license issued under Title 25 of the D.C. Code)
8. Stadium or Arena
9. Public gatherings or special events are open to the public when the organizer has provided notice and posted signage prohibiting the carrying of pistols in advance of the gathering or special event.
10. The public memorials on the National Mall, along the Tidal Basin, and any area where firearms are prohibited under federal law or by a federal agency, including the U.S. Capitol buildings and grounds.
11. The area around the White House ( between Constitution Ave. and H St. and between 15th St. and 17th St. NW)
12. The U.S. Naval Observatory and its grounds (from the perimeter of its fence to the curb of Massachusetts Ave. NW from 34th St. south on Massachusetts Ave to Observatory Circle NW)
13. When a dignitary or high-ranking official of the United States or a state, local, or foreign government is moving under the protection of the MPD, the U.S Secret Service, the U.S Capitol Metropolitan Police Department, or other law enforcement agency that does not include a distance greater than 1,000 feet from the moving dignitary. (signs or an officer’s order has given provided notice)
14. A Demonstration in a public place (within a perimeter of 1,000 feet designated by a law enforcement agency, and signs or an officer’s order has given notice)
15. On private residential property unless authorized by the property owner.
16. A place of religious worship unless authorized by the owner or authorized agent.
17. Non-residential property is posted with conspicuous signage prohibiting carrying a concealed pistol.

The penalty for violation of any license requirements to carry includes up to 180 days of jail time and $1,000 in fines. You may also have your license to carry revoked. Call DC Gun Lawyer Ervin Kibria Law.

Hiring the Best Washington DC Gun and Firearms Possession Lawyer

As you can see, DC’s gun and firearms registration control laws are both strict and complex and require a rigorous background check. Therefore, if you face charges related to gun possession in Washington, DC, do not hesitate to call the expert, experienced, and aggressive DC Gun Lawyer at Ervin Kibria Law today for a free consultation. Our accomplished and experienced DC Gun Lawyer will help you work through your options and zealously advocate for the best outcome for your case.