Can you Have a Gun in DC?

Typically, you can register rifles, shotguns, revolvers, and handguns in the District of Columbia. However, it's important to know that possessing a magazine with over ten rounds of ammunition is illegal here. According to D.C. Official Code § 7-2502.02, you cannot register the following firearms:

1. Sawed-off shotguns

2. Machine guns

3. Short-barreled rifles

4. Unsafe handguns prohibited under D.C. Official Code § 7-2505.04

5. Assault weapons

6. .50 BMG rifles

To understand these prohibitions better and for definitions, you can refer to the MPD publication titled "Firearms Eligible for Registration." You can find this publication at the MPD office or online at mpdc.dc.gov/firearms.

Navigating Washington, DC Firearm Laws

Need expert representation with a criminal charge for firearms in Washington, DC? Reach out to the elite DC defense law firm Ervin Kibria Law for expert guidance and representation now.

In Washington, DC, the possession of firearms is deemed a criminal offense. However, firearm possession is allowed under strict, specific circumstances, albeit with stringent regulations in place

Under the law, individuals are authorized to have firearms in their homes or workplaces as long as the firearms are properly registered with the District of Columbia's Metropolitan Police Department. To achieve this, individuals must secure a firearms registration permit from the Police Department. Once obtained, this permit only grants permission for the possession of the firearm within the confines of one's home or business premises; it does not extend to carrying firearms outside of these designated locations. 

If one carries a registered firearm in the District outside of their home or business then they will be arrested and charged with the felony crime of Carrying a Pistol without a License (CPWL). If one carries an unregistered firearm anywhere, whether in the home or business or anywhere else, then they will be charged the felony crime of Carrying a Pistol without a License (CPWL) and the misdemeanor crime of possession of unregistered firearm (and possession of unregistered ammunition if the firearm had ammunition in it). If the firearm in question has a large magazine then one will likely also be charged with the crime of Carrying an illegal “large capacity feeding device.”

In the event that an individual faces charges for violating DC's firearm regulations, it is advisable to seek legal counsel from a skilled, experienced, expert Washington DC gun lawyer, like Nabeel Kibria of Ervin Kibria Law, to mount a robust defense.

Open Carry Gun Laws in DC

Previously, Washington DC prohibited licensing for open carry or concealed carry beyond residences or workplaces. However, federal courts declared this law unconstitutional. The District of Columbia has now developing a licensing system to allow residents to carry firearms outside their homes or workplaces IF and ONLY IF they apply for and are approved for a DC Concealed Carry Permit.

At the moment, there is no established licensing system allowing individuals in the District of Columbia to open carry registered firearms beyond their residences or workplaces. Those with firearm registrations are solely permitted to possess the firearms within their homes or workplaces. However, if one wishes to carry outside of their home or business they will need to conceal carry and that can only be done after obtaining a DC Concealed Carry Permit.

Legal Firing of a Gun

In the District of Columbia, firing a gun is generally only allowed when acting in genuine self-defense. However, individuals can seek a special permit from the Metropolitan Police Department to discharge a firearm for reasons other than self-defense within the District. This privilege is typically reserved for special police officers or members of law enforcement. Otherwise, firing a gun is lawful only in cases of self-defense. Any other situation would constitute an illegal discharge of a firearm.

Penalties for Unauthorized Discharge

The sole permissible justification for firing a firearm unlawfully is acting in self-defense. This entails being under immediate threat of bodily harm, with the discharge of the firearm deemed reasonable given the circumstances and the force applied commensurate with the level of danger posed. Consequently, one cannot discharge a firearm with the intent to kill unless facing a credible threat of severe bodily harm, rather than, for instance, merely fearing a physical altercation.

The degree of force exerted must align with the level of threat encountered, necessitating a genuine and rational apprehension of imminent serious bodily harm to justify legal discharge of a firearm. The punishment for unauthorized discharge of a firearm carries a maximum jailtime sentence of one year.

Possession of a Firearm in Violation of the Law

Various statutes address the unlawful possession of firearms, with two primary ones -  ownership of an unlicensed firearm and bearing a handgun in public or designated areas like a home or business. Additionally, there are other firearm-related offenses with differing penalties. Among these is the possession of a firearm by an individual with a prior felony conviction otherwise knowing as Felon in Possession of Firearm (FIP). Upon conviction, this offense mandates a minimum sentence of 1 year in prison and can carry a maximum penalty of 10 years.

Consequences Linked to Offenses

In the event of being charged with possessing an unregistered firearm unlawfully, the individual may face a misdemeanor offense carrying the highest possible penalty of one year in jail. On the other hand, being convicted of carrying a pistol, a handheld firearm, beyond one's home or business premises, entails a felony charge, carrying a maximum penalty of five years' imprisonment.

Prohibited Dangerous Weapons in Washington, D.C.

In addition to firearms, there exists a comprehensive list of weapons deemed hazardous and therefore prohibited within the district. These include but are not limited to machine guns, sawed-off shotguns, switchblade knives, metal knuckles, and any other form of artificial knuckles intended to amplify harm or injury. Additionally, imitation pistols, daggers, and stun guns are among the items prohibited.

Sanctions or Penalties for Possessing a Prohibited Hazardous Weapon

Possessing a prohibited weapon constitutes a misdemeanor offense with a maximum sentence of one year of imprisonment.

Assault With a Dangerous Weapon

Assaulting someone with a dangerous weapon constitutes a severe felony in Washington, D.C., carrying substantial prison time. If convicted, the maximum penalty for assault with a dangerous weapon is 10 years of incarceration.

Gun-Free Zones in Washington, D.C.

One of the most common gun-free zones in the district is school premises. Possessing a firearm within a school zone results in a sentencing enhancement, effectively doubling the potential penalty for the underlying offense.

For instance, if an individual is found guilty of carrying a pistol outside of a residence or business, which typically entails a maximum sentence of five years in prison, but the offense occurred within a gun-free zone, the sentencing enhancement would elevate the maximum penalty to 10 years.

If you are facing firearm charges in Washington DC your best first action is to contact the elite, expert DC Firearm Attorneys of Ervin Kibria Law.