Can I apply for Gun Permit in DC with a Criminal Record

Federal Criminal Defense Lawyers in Washington,DC

can i apply for a gun permit in dc if i have a criminal record?

Can I apply for a gun permit in dc with criminal record

Yes, you may be eligible for gun permit in the District of Columbia even with a prior criminal record.  The Prior Criminal Record can not be felony or any offense (in another State) that carries more than a year in jail.  Furthermore, you can not be under indictment for a crime of violence or a weapon offense.    Furthermore: you can not been convicted within 5 years prior to the application of any:

  • Violation in any jurisdiction of any law restricting the use, possession, or sale of any narcotic or dangerous drug;
  • convicted of assaults and threats, or threats to do bodily harm, or a violation of any similar provision of the law of another jurisdiction;
  • Two or more violations of fleeing law enforcement officer ), or, in this or any other jurisdiction, or Driving Under the Influence;
  • Intrafamily offense punishable as a misdemeanor, including any similar provision in the law of another jurisdiction;
  • Violation of any firearm offenses;
  • Stalking
  • Violation of 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.


should i seal or expunge my criminal record before applying?

Yes and No.  If you are able to seal your record because you are actually innocent than you seal your criminal record before applying.     A motion to seal pursuant to the actual innocence, the record does not have to be disclosed when applying for a gun permit because the Court would have restored to you as if the offense did not occur.   If however, you filed a motion to seal in the interest of justice than the arrest would still have to be disclosed to when seeking a gun permit.  So while the arrest may be sealed in the interest of justice you must disclose the sealed arrest or conviction in response to any direct question asked in connection with law enforcement.

What if I have no convictions on my Record - Could I still be denied a gun Permit?

Yes, you could still be denied a gun permit even if you have no convictions on your record.  If you have multiple arrest on your record and it shows a pattern of behavior you could be denied a gun permit in the District of Columbia.     Pursuant to 24 District of Columbia Municipal Regulations (“DCMR”) 2309.6 the regulation states:

“Arrest records within the 5 years immediately preceding the application, showing
that the applicant has had a history of violent behavior. For purposes of this
subsection, “history of violent behavior” includes but is not limited to arrests for
violation of D.C. Official Code § 22-407, regarding threats to do bodily harm, or
D.C. Official Code § 22-404, regarding assaults and threats, any crime of violence
as defined in D.C. Official Code § 23-1331, or any similar provision of the law of
any other jurisdiction so as to indicate a likelihood to make unlawful use of a

Can I Apply for a Gun Permit with a Civil Protection Order?

No.  If you are currently under a Civil Protection Order(CPO) (in any jurisdiction) you are not eligible to apply until the expiration of the CPO.  Furthermore, you would have to provide proof by a certified court record establishing that the order has expired or has been rescinded for a period of 5 years or more.

what if I have an out of state conviction? can i apply for a gun permit in DC?

Out of State convictions would be treated the same as convictions in the District of Columbia.   If the out of state convictions carries a penalty greater than 1 year you are not eligible for a gun permit.  

If I sealed My Criminal Record Will I have to report it when I Apply for A Gun Permit in DC?

If your motion to seal was granted in the interest of justice you will have to disclose the arrest or conviction.  If however, the motion to seal was granted because you were actually innocent of the charges you do not have to disclose it.  

What if a Juvenile Criminal Record - Can I Apply for Gun Permit in DC?

Yes, even though a juvenile adjudication is not a public record it would still have to be reported to law enforcement for the purposes of securing gun permit.  However, if a juvenile arrest is sealed pursuant to DC Code § 16–2335  then the arrest would not need to be reported if you receive an order from the Court stating that the proceedings in the case shall be treated as if they never occurred. All facts relating to the action including arrest, the filing of a petition, and the adjudication, filing, and disposition of the Division shall no longer exist as a matter of law. 

Can I apply for a Gun Permit if I received a Youth Rehabilitation Act Sentence for a Gun Violation?

No.  You may not apply for gun permit if you were sentenced pursuant to the Rehabilitation Youth Act (YRA) for a gun offense.    Even though you do not a conviction pursuant to YRA you would still be considered to have violated possession of a firearm in violation of § 22-4503.  

If I am Denied a Gun Permit Should I appeal it?

If you are denied a gun permit you should seek a consultation with an experienced criminal lawyer.     Furthermore, you will have 15 days from the receipt of such notification to appeal to the Metropolitan Police Department with further evidence for consideration. If the applicant does not respond within the required 15 days, the denial will become final.