What You Need to Know About Possessing and Carrying a Firearm in the District of Columbia
The District of Columbia arguably has the most restrictive firearm laws in the country. DC gun offenses are prosecuted by the US Attorneys’ Office and the Office of the Attorney General. The fact that a person has a valid carry permit in another state will not prevent them from being arrested and prosecuted for carrying or traveling with a firearm in violation of DC laws.
Carry Permits
First and foremost, DC does not have carry permit reciprocity with any other state. This means that to carry a firearm outside of your home, place of business, or other land that you possess within DC, you must have a DC-issued carry permit. It is not enough to have a permit from VA, MD, PA, or any other state – it must a DC-issued permit. To apply for a DC carry permit, you must complete a firearms training course by an instructor certified by the MPD police Chief. The list of certified instructors can be found here: DC firearms instructors. Open carry is not permitted in DC – firearms must be carried concealed.
In order to obtain a DC-issued carry permit, you must also be eligible to possess a firearm in DC. Any of the following will disqualify you from obtaining a DC carry permit:
Conviction of certain weapons offenses, or a felony in DC or any other jurisdiction (which includes all crimes punishable by imprisonment for a term exceeding one year).
Being under indictment for a crime of violence or a weapons offense.
Being a fugitive from justice.
Within the previous five years:
Not stand convicted: (1) of a narcotics or dangerous drug offense; (2) under D.C. Official Code § 22-404 (assaults and threats) or § 22-407 (threats to do bodily harm), or a violation of a similar statute in another jurisdiction; (3) of two or more violations of driving under the influence of alcohol or drugs; (4) of an intrafamily offense punishable as a misdemeanor; (5) of a misdemeanor involving certain firearms violations. (6) Stalking; or (7) violation of an Extreme Risk Protection Order.
Not have been acquitted of any criminal charge by reason of insanity or adjudicated a chronic alcoholic by any court.
Not have been voluntarily or involuntarily committed to any mental hospital or institution.
Not have a history of violent behavior.
Not have been the respondent in an intrafamily proceeding in which a civil protection order or a foreign protection order was issued against the applicant.
Not appear to suffer from a physical defect which would make it unsafe to possess and use a firearm safely and responsibly.
Not have been found negligent in any firearm mishap causing death or injury to another human being.
Failure to abide by DC’s carry permit requirements will subject you to a felony conviction with a maximum penalty of 5 years in jail and/or a fine up to $12,500. A conviction of this nature will make you ineligible to possess a firearm in DC and many other states, depending on that state’s firearm laws.
Possessing a firearm in your home, place of business, or other land that you possess
Without a carry permit, a person may possess a firearm in their home, place of business, or other land that they possess. The “possessory” interest in the land referred to in DC Criminal Code § 22-4504 refers to more than the right to be physically present on the property. A person must have such an interest in the property that he or she has the authority to exclude others from the property. DC courts have previously found that the curtilage, or area surrounding one’s property, does not fall within the exception. While it is likely that this interpretation of the law would be unconstitutional post New York Rifle & Pistol Ass’n, Inc. v. Bruen, the case has not yet been directly overruled by DC courts. There is some authority from later cases that suggest the court would be open to arguments that a person possessed the firearm within the boundaries of their property, but the most direct reading of the law is that the exception does not apply outside of one’s physical home.
Registering firearms
All firearms must be registered, even if they are within the home. To register a new firearm, a person must complete the PD-219 form: “Application for Firearms Registration Certificate.” The form can be found here: PD-219. Failure to abide by DC’s registration requirements could subject you to criminal penalties for possession of an unregistered firearm in violation of DC Criminal Code § 7-2502.01. This is a misdemeanor with a maximum penalty of 1 year in jail for a first offense and up to 5 years in jail for a second or subsequent offense. A person must carry their registration certificate whenever they carry the registered firearm.
Persons with registered firearms in DC are responsible for notifying law enforcement and filing a police report immediately upon discovery of loss, theft, or destruction of a registration certificate or registered firearm.
Transporting a firearm
A person may transport a firearm through DC while traveling from one state to another under federal law so long as the firearm is stored in the trunk or a locked container within the passenger compartment of the vehicle. The firearm must be unloaded, magazines detached, and the ammunition must be stored separately from the firearm. Brief stops for food or gas are permitted.
If you are transporting a firearm within DC and do not have a carry permit, the following must be true:
The firearm is registered in DC.
The person must be able to lawfully possess the firearm in Point A and Point B
The firearm must be unloaded and neither the firearm not ammunition shall be readily accessible or directly accessible from the passenger compartment if traveling by vehicle.
If the vehicle does not have a separate compartment like a trunk, the firearm must be in a locked container, but NOT the glove compartment or console, and must be unloaded.
If transporting a firearm in a manner other than within a vehicle, it must be unloaded, inside a locked container, and separate from any ammunition.
This does not apply to someone who does not have a carry permit and is traveling either outside of DC to a location within DC or from one location in DC to another location in DC.
Where firearms may be carried with a carry permit
Even if you possess a DC-issued carry permit, there are many locations where you are not permitted to carry a firearm. The following list of prohibited places can be found in D.C. Human Health Care and Safety Code § 7-2509.7.
(a) No person holding a license shall carry a pistol in the following locations or under the following circumstances:
(1) A building or office occupied by the District of Columbia, its agencies, or instrumentalities;
(2) The building and grounds, including any adjacent parking lot, of a childcare facility, preschool, public or private 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 transportation vehicle, including the Metrorail transit system and its stations;
(7) Any premises, or portion thereof, where alcohol is served, or sold and consumed on the premises, pursuant to a license issued under Title 25; provided, that this prohibition shall not apply to premises operating under a temporary license issued pursuant to § 25-115, a C/R, D/R, C/H, D/H or caterer license issued pursuant to § 25-113, or premises with small-sample tasting permits issued pursuant to § 25-118, unless otherwise prohibited pursuant to subsection (b)(3) of this section;
(8) A stadium or arena;
(9) A gathering or special event open to the public; provided, that no licensee shall be criminally prosecuted unless:
(A) The organizer or the District has provided notice prohibiting the carrying of pistols in advance of the gathering or special event and by posted signage at the gathering or special event; or
(B) The licensee has been ordered by a law enforcement officer to leave the area of the gathering or special event and the licensee has not complied with the order;
(10) The public memorials on the National Mall and along the Tidal Basin, and any area where firearms are prohibited under federal law or by a federal agency or entity, including U.S. Capitol buildings and grounds;
(11) The White House Complex and its grounds up to and including to the curb of the adjacent sidewalks touching the roadways of the area bounded by Constitution Avenue, N.W., 15th Street, N.W., H Street, N.W., and 17th Street, N.W.;
(12) The U.S. Naval Observatory and its fence line, including the area from the perimeter of its fence up to and including to the curb of the adjacent sidewalks touching the roadway of Observatory Circle, from Calvert Street, N.W., to Massachusetts Avenue, N.W., and around Observatory Circle to the far corner of Observatory Lane;
(13)(A) 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 Police, or other law enforcement agency assisting or working in concert with MPD, within an area designated by the Chief, the Chief of the U.S. Secret Service, or the Chief of the U.S. Capitol Police, or a designee of any of the foregoing, that does not include any point at a distance greater than 1,000 feet from the moving dignitary or high-ranking official; provided, that no licensee shall be criminally prosecuted unless:
(i) The law enforcement agency provides notice of the designated area by the presence of signs, law enforcement vehicles or officers acting as a perimeter, or other means to make the designated area of protection obvious;
(ii) The District or federal government has provided notice prohibiting the carrying of pistols along a designated route or in a designated area in advance of the event, if possible, and by posted signage along a route or in a designated area; or
(iii) The licensee has been ordered by a law enforcement officer to leave the designated area and the licensee has not complied with the order
(B) For the purposes of this paragraph, the term “moving” shall include any planned or unplanned stops, including temporary stops, in locations open to the public.
(14) When demonstration in a public place is occurring, within an area designated by the Chief or his or her designee, or other law enforcement agency, that does not include any point at a distance greater than 1,000 feet from the demonstration; provided, that no licensee shall be criminally prosecuted unless:
(A) The law enforcement agency provides notice of the designated area by the presence of signs, law enforcement vehicles or officers acting as a perimeter, or other means to make the designated area of the demonstration obvious;
(B) The District or federal government has provided notice prohibiting the carrying of pistols along or within a demonstration route or designated area in advance of the event, if possible, and by posted signage along a demonstration route or designated area; or
(C) The licensee has been ordered by a law enforcement officer to leave the designated area and the licensee has not complied with the order; or
(15) Any prohibited location or circumstance that the Chief determines by rule; provided, that for spontaneous circumstances, no criminal penalty shall apply unless the licensee has notice of the prohibition and has failed to comply.
(b) Except to the extent of any inconsistency with 18 U.S.C. §§ 926B and 926C, the carrying of a concealed pistol:
(1) On private residential property shall be presumed to be prohibited unless otherwise authorized by the property owner or person in control of the premises and communicated personally to the licensee in advance of entry onto the residential property;
(2) In a church, synagogue, mosque, or other place where people regularly assemble for religious worship shall be presumed to be prohibited unless the property is posted with conspicuous signage allowing the carrying of a concealed pistol, or the owner or authorized agent communicates allowance personally to the licensee in advance of entry onto the property; provided, that such places may not authorize the carrying of a concealed pistol where services are conducted in locations listed in subsection (a) of this section; and
(3) On private property that is not a residence shall be presumed to be permitted unless the property is posted with conspicuous signage prohibiting the carrying of a concealed pistol, or the owner or authorized agent communicates such prohibition personally to the licensee.
(c) Whenever a licensee carries a concealed pistol and approaches any prohibited location, or is subject to any prohibited circumstance, under subsection (a) or (b) of this section, the licensee shall:
(1) If the licensee is in a vehicle or if a vehicle is readily available, immediately secure the pistol in the manner prescribed in § 22-4504.02(b); or
(2) If the licensee does not have a vehicle available, immediately leave the prohibited location or circumstance
(d) A licensee shall not be in violation of this section:
(1) While he or she is traveling along a public sidewalk that touches the perimeter of any of the premises where the carrying of a concealed pistol is prohibited under subsection (a) and subsection (b) of this section, except for the areas designated in subsection (a)(11) and (a)(12), or along a public street, roadway, or highway if the concealed pistol is carried on his or her person in accordance with this unit, or is being transported by the licensee in accordance with § 22-4504.02; or
(2) While driving a vehicle into and immediately parking at any location listed in subsection (a)(2) of this section for the purpose of picking up or dropping off a student or a child; provided, that the licensee shall secure the concealed pistol in accordance with § 22-4504.02(b), before leaving the parked vehicle.
(e) A licensee shall not carry a pistol openly or otherwise in a manner that is not concealed.
(f) In addition to any other penalty provided by law, any person who violates this section shall be subject to revocation of his or her license.
(g) For the purposes of this section, the term:
(1) “Demonstration” means one or more persons demonstrating, picketing, speechmaking, marching, holding a vigil, or engaging in any other similar conduct that involves the communication or expression of views or grievances and that has the effect, intent, or propensity to attract a crowd or onlookers. The term “demonstration” does not include the casual use of property by visitors or tourists that does not have the effect, intent, or propensity to attract a crowd or onlookers.
(2) “Public place” means a place to which the general public has access and a right to occupy for business, entertainment, or other lawful purpose. The term “public place” is not limited to a place devoted solely to the uses of the public, and includes:
(A) The front or immediate area or parking lot of a store, restaurant, tavern, shopping center, or other place of business;
(B) A public building, including its grounds and curtilage;
(C) A public parking lot;
(D) A public street, sidewalk, or right-of-way;
(E) A public park; and
(F) Other public grounds.
(3) “Public transportation vehicle” means any publicly owned or operated commercial vehicle, including any DC Circulator bus, DC Streetcar, MetroAccess vehicle, Metrobus, or Metrorail train.
(4) “Residence” means a building wholly or partly used or intended to be used for living and sleeping by human occupants, together with any fences, walls, sheds, garages, or other accessory buildings appurtenant to the building, and the area of land surrounding the building and actually or by legal construction forming one enclosure in which such a building is located, but does not include adjacent common areas or commercial property contained in any part of the building.
Safe storage of firearms
It is highly recommended that a person store any firearm in their possession unloaded and either disassembled or secured by a trigger lock, gun safe, locked bos, or other secure device. It is unlawful for any person to store or keep any loaded firearm on any premises under their control if they knew or reasonably should know that a minor under 18 is likely to gain access to the firearm without the permission of the parent or guardian of the minor unless such person:
Keeps the firearm in a securely locked box, secured container, or in a location which a reasonable person would believe to be secure; or
Carries the firearm on his person or within such close proximity that he can readily retrieve and use it as if he carried it on his person.
If the firearm is stored at a place of business, it shall be stored in a gun safe, locked box, or other secure device affixed to the property.
Failure to comply with DC’s firearm storage laws is a criminal offense punishable by up to 180 days in jail and/or a fine up to $1,000. If the minor’s access to the firearm causes injury or death to themselves or another, the penalty jumps up to 5 years and/or a $5,000 fine. If the minor obtains the firearm due to an unlawful entry or burglary of any premises, there is no criminal liability.
Miscellaneous laws
Neither firearms nor ammunition may be loaned, borrowed, given, or rented from another person.
No firearm or ammunition may be pawned within the District of Columbia.
High capacity feeding devices that carry more than 10 rounds are illegal and carry a penalty of up to 3 years in jail. This includes a magazine, belt, drum, feed strip, or similar device that can be readily restored or converted to accept more than 10 rounds of ammunition.
It is unlawful to possess ammunition without a valid registration certificate for a firearm. Violation of this law carries a maximum penalty of up to one year in jail.
It is unlawful to possess one or more “restricted pistol bullets”, defined as”
A projectile or projectile core which may be used in a pistol and which is constructed entirely (excluding the presence of traces of other substances) from one or a combination of tungsten alloys, steel, iron, brass, bronze, beryllium copper, or depleted uranium;
A full jacketed projectile larger than .22 caliber designed and intended for use in a pistol and whose jacket has a weight of more than 25% of the total weight of the projectile; or
Ammunition for a .50 BMG rifle.
If you, a friend, or a loved one are charged with a criminal offense in the District of Columbia, or would just like advice on DC gun laws, you need an experienced criminal defense gun lawyer with special training and knowledge in this area of the law. Contact our office at 240-396-4373.
