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charged with a Gun Offense in DC?
Have you been charged with a gun offense in DC? Unlawful Gun possession in the District of Columbia is defined as possessing a firearm without the proper license or registration in the District of Columbia. Possession can be actual or constructive. (Read our blog on actual vs. constructive possession) If you are charged with a gun possession charge you need to understand what that means in DC. In the District of Columbia a person charged with a gun offense are generally indicted on 3 counts:
- Carrying gun without a license, in violation of 22 D. C. Code section 4504(a)
- Possession of unregistered firearm in violation 7 D.C. Code Section 2502.01(a)
- Possession of ammunition in violation 7 D.C. Code Section 2506.01
Is Unlawful Gun Possession in DC a Felony or Misdemeanor
Gun possession in the District of Columbia can be a misdemeanor or a felony. If you possess the gun outside a home or business it is a felony. If you possess the gun in your home or business, it is a misdemeanor. See below the penalty
What is the Maximum Penalty for Unlawful Possession of a Gun in DC?
Carrying gun without a license outside of Home or Business, in violation of 22 D. C. Code section 4504(a)
The maximum penalty for carrying a gun without a license in DC is 5 years and/or $12,500.00 fine.
Possession of unregistered firearm in violation 7 D.C. Code Section 2502.01(a)
The maximum penalty for unregistered firearm is 1 year and/or $2500.00 fine
Possession of ammunition in violation 7 D.C. Code Section 2506.01
The maximum penalty for unregistered ammunition is 1 year and/or $2500.00 fine
Is it Legal to Carry a Gun in DC
Yes it is legal to carry a gun in the District of Columbia provided you obtain a license from the District of Columbia Metropolitan Police Department. You can apply for Firearm Eligibility by completing the application.
Is it Legal to Carry a Concealed Gun in DC
Yes, you can carry a concealed gun provided you apply for a license to possession a firearm and a Concealed Licensed Application. There are two separate applications: 1) one to possess a firearm and 2) one to carry a concealed weapon.
What if I have a License to carry a gun in the State in another State - Can I possess the gun in DC?
No, DC will not recognize your out of State gun permit. In fact, the majority of the cases that we help individuals with is possession of a gun in the District of Columbia with an out of State Permit. Only police officers and retired police officers can travel and stop in the District of Columbia without of Gun License.
If I am Convicted of a Gun Charge can it be Expunged in DC?
Yes as long as you are not convicted of the felony charge of possession of a gun. However, the statutory time to seal a misdemeanor gun charges is eight year.
Can I travel with my gun through DC If I Have a Gun Permit in another State
Yes, provided you do not stop in District of Columbia. For example, if you travel from Maryland to Virginia and have to drive through DC that would be permitted as long as you do not stop for any reason in the District of Columbia. This is only in reference to automobiles, obviously you could not walk or take public transportation. Lastly you must have some form of proof that you are only traveling through DC and that you did not stop.
You must abide by the following:
- If the transportation of the firearm is by a vehicle, the firearm shall be unloaded, and neither the firearm nor any ammunition being transported shall be readily accessible or directly accessible from the passenger compartment of the transporting vehicle.
- If the transporting vehicle does not have a compartment separate from the driver’s compartment, the firearm or ammunition shall be contained in a locked container other than the glove compartment or console, and the firearm shall be unloaded.
- If the transportation of the firearm is in a manner other than in a vehicle, the firearm shall be: Unloaded; Inside a locked container; and Separate from any ammunition.