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Magazine Capacity Restrictions
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Duty to Retreat
Duty to Inform Law Enforcement
"Universal" Background Checks Required
Table of Contents
State Law Summary
Washington, D.C.'s firearm law history has been marked by significant legal battles and evolving regulations. In 1976, the District enacted a handgun ban, which was challenged in the landmark case District of Columbia v. Heller (2008). The Supreme Court ruled that the Second Amendment protects an individual's right to possess a firearm unconnected with service in a militia, leading to the repeal of the handgun ban. Following this, the D.C. Council implemented new regulations, including mandatory registration and stringent storage requirements. In Wrenn v. District of Columbia (2017), a federal court found that the District's concealed carry law was unconstitutional, further shaping the legal landscape. These events reflect ongoing tensions between public safety concerns and individual rights within the context of D.C.'s unique legal framework.
Permit Eligibility, Training and Application Process
The history of concealed carry in the District of Columbia has been marked by significant legal developments and court rulings. In 1976, D.C. enacted a ban on the possession of handguns, which was upheld until the landmark Supreme Court case District of Columbia v. Heller in 2008, which ruled that the Second Amendment protects an individual's right to possess firearms. Following this decision, the D.C. Council passed legislation in 2011 that allowed for the issuance of concealed carry permits, but it imposed stringent requirements, including demonstrating a "good reason" for carrying a firearm. This law faced challenges, and in 2014, the U.S. Court of Appeals for the D.C. Circuit ruled in Palmer v. District of Columbia that the complete ban on carrying a handgun in public was unconstitutional, leading to a more permissive approach to concealed carry. Subsequent amendments in 2015 refined the permitting process, while ongoing debates continue to shape the laws surrounding concealed carry in the district.
Notwithstanding any other law, a person holding a valid registration for a firearm may carry the firearm:
(1) Within the registrant's home;
(2) While it is being used for lawful recreational purposes;
(3) While it is kept at the registrant's place of business; or
(4) While it is being transported for a lawful purpose as expressly authorized by District or federal statute and in accordance with the requirements of that statute.
D.C. Code § 22-4504.01
Carrying concealed weapons; possession of weapons during commission of crime of violence; penalty
(a) No person shall carry within the District of Columbia either openly or concealed on or about their person, a pistol, without a license issued pursuant to District of Columbia law, or any deadly or dangerous weapon. Whoever violates this section shall be punished as provided in § 22-4515, except that:
(1) A person who violates this section by carrying a pistol, without a license issued pursuant to District of Columbia law, or any deadly or dangerous weapon, in a place other than the person's dwelling place, place of business, or on other land possessed by the person, shall be fined not more than the amount set forth in § 22-3571.01 or imprisoned for not more than 5 years, or both; or
(2) If the violation of this section occurs after a person has been convicted in the District of Columbia of a violation of this section or of a felony, either in the District of Columbia or another jurisdiction, the person shall be fined not more than the amount set forth in § 22-3571.01 or imprisoned for not more than 10 years, or both.
(a-1) Except as otherwise permitted by law, no person shall carry within the District of Columbia a rifle or shotgun. A person who violates this subsection shall be subject to the criminal penalties set forth in subsection (a)(1) and (2) of this section.
(b) No person shall within the District of Columbia possess a pistol, machine gun, shotgun, rifle, or any other firearm or imitation firearm while committing a crime of violence or dangerous crime as defined in § 22-4501. Upon conviction of a violation of this subsection, the person may be sentenced to imprisonment for a term not to exceed 15 years and shall be sentenced to imprisonment for a mandatory-minimum term of not less than 5 years and shall not be released on parole, or granted probation or suspension of sentence, prior to serving the mandatory-minimum sentence.
(c) In addition to any other penalty provided under this section, a person may be fined an amount not more than the amount set forth in § 22-3571.01.
D.C. Code § 22-4504Seizure and forfeiture of conveyances used in firearms offenses: Section 2(b) of D.C. Law 11-273 provided for the forfeiture and seizure of any conveyance, including vehicles and vessels in which any person or persons transport, possess, or conceal any firearm as defined in §6-2302 [ § 7-2501.01 , 2001 Ed.], or in any manner use to facilitate a violation of §§ 22-3203 and 22-3204 [ §§ 22-4503 and 22-4504, 2001 Ed.].
Notwithstanding any other law, a person holding a valid registration for a firearm may carry the firearm:
(1) Within the registrant's home;
(2) While it is being used for lawful recreational purposes;
(3) While it is kept at the registrant's place of business; or
(4) While it is being transported for a lawful purpose as expressly authorized by District or federal statute and in accordance with the requirements of that statute.
D.C. Code § 22-4504.01
(a) The Chief of the Metropolitan Police Department ("Chief") may, upon the application of a person having a bona fide residence or place of business within the District of Columbia, or of a person having a bona fide residence or place of business within the United States and a license to carry a pistol concealed upon his or her person issued by the lawful authorities of any State or subdivision of the United States, issue a license to such person to carry a pistol concealed upon his or her person within the District of Columbia for not more than 2 years from the date of issue, if it appears that the applicant has good reason to fear injury to his or her person or property or has any other proper reason for carrying a pistol, and that he or she is a suitable person to be so licensed.
(b) A non-resident who lives in a state that does not require a license to carry a concealed pistol may apply to the Chief for a license to carry a pistol concealed upon his or her person within the District of Columbia for not more than 2 years from the date of issue; provided, that he or she meets the same reasons and requirements set forth in subsection (a) of this section.
(c) For any person issued a license pursuant to this section, or renewed pursuant to § 7-2509.03, the Chief may limit the geographic area, circumstances, or times of the day, week, month, or year in which the license is effective, and may subsequently limit, suspend, or revoke the license as provided under § 7-2509.05.
(d) The application for a license to carry shall be on a form prescribed by the Chief and shall bear the name, address, description, photograph, and signature of the licensee.
(e) Except as provided in § 7-2509.05(b), any person whose application has been denied or whose license has been limited or revoked may, within 15 days after the date of the notice of denial or notice of intent, appeal to the Office of Administrative Hearings pursuant to § 7-2509.08.
D.C. Code § 22-4506
(a) No registration certificate shall be issued to any person (and in the case of a person between the ages of 18 and 21, to the person and the person's signatory parent or guardian) or organization unless the Chief determines that such person (or the president or chief executive in the case of an organization):
(1) Is 21 years of age or older; provided, that the Chief may issue to an applicant between the ages of 18 and 21 years old, and who is otherwise qualified, a registration certificate if the application is accompanied by a notarized statement of the applicant's parent or guardian:
(A) That the applicant has the permission of the applicant's parent or guardian to own and use the firearm to be registered; and
(B) The parent or guardian assumes civil liability for all damages resulting from the actions of such applicant in the use of the firearm to be registered; provided further, that such registration certificate shall expire on such person's 21st birthday;
(2) Has not been convicted of a weapons offense (but not an infraction or misdemeanor violation under § 7-2502.08, § 7-2507.02, § 7-2507.06, or § 7-2508.07 ) or a felony in this or any other jurisdiction (including a crime punishable by imprisonment for a term exceeding one year);
(3) Is not under indictment for a crime of violence or a weapons offense;
(4) Has not been convicted within 5 years prior to the application of any:
(A) Violation in any jurisdiction of any law restricting the use, possession, or sale of any narcotic or dangerous drug;
(B) A violation of D.C. Official Code § 22-404, regarding assaults and threats, or D.C. Official Code § 22-407, regarding threats to do bodily harm, or a violation of any similar provision of the law of another jurisdiction;
(C) Two or more violations of D.C. Official Code § 50-2201.05(b), or, in this or any other jurisdiction, any law restricting driving under the influence of alcohol or drugs;
(D) Intrafamily offense punishable as a misdemeanor, including any similar provision in the law of another jurisdiction;
(E) Misdemeanor violation pursuant to § 7-2507.02 or § 7-2507.06;
(F) Violation of § 22-3133; or
(G) Violation of an extreme risk protection order pursuant to § 7-2510.11;
(5) Within the 5-year period immediately preceding the application, has not been acquitted of any criminal charge by reason of insanity or has not been adjudicated a chronic alcoholic by any court; provided, that this paragraph shall not apply if such person shall present to the Chief, with the application, a medical certification indicating that the applicant has recovered from such insanity or alcoholic condition and is capable of safe and responsible possession of a firearm;
(6)
(A) Within the 5-year period immediately preceding the application, has not been:
(1) Voluntarily admitted to a mental health facility;
(2) Involuntarily committed to a mental health facility by the Superior Court of the District of Columbia, another court of competent jurisdiction, the Commission on Mental Health, or a similar commission in another jurisdiction;
(3) Determined by the Superior Court of the District of Columbia or another court of competent jurisdiction to be an incapacitated individual, as that term is defined in § 21-2011(11);
(4) Adjudicated as a mental defective, as that term is defined in 27 C.F.R. § 478.11; or
(5) Committed to a mental institution, as that term is defined in 27 C.F.R. § 478.11;
(B) Subparagraph (A) of this paragraph shall not apply if:
(i) For applicants disqualified as a result of a voluntary admission, commitment, incapacity determination, or adjudication that occurred in the District, the Superior Court of the District of Columbia has granted the applicant relief pursuant to subsection (f) of this section, unless the applicant, since the court granted the applicant relief pursuant to subsection (f) of this section, is again disqualified under subparagraph (A) of this paragraph; and
(ii) For applicants disqualified as a result of a voluntary admission, commitment, incapacity determination, or adjudication that occurred in another jurisdiction, the court or commission of competent jurisdiction has granted the applicant relief, unless the applicant, since the court or commission granted the applicant relief, is again disqualified under subparagraph (A) of this paragraph.
(6A) Within the 5 years immediately preceding the application, has not had a history of violent behavior.
(7) Does not appear to suffer from a physical defect which would tend to indicate that the applicant would not be able to possess and use a firearm safely and responsibly;
(8) Has not been adjudicated negligent in a firearm mishap causing death or serious injury to another human being;
(9) Is not otherwise ineligible to possess a firearm under § 22-4503;
(10) Has not failed to demonstrate satisfactorily, in accordance with a test prescribed by the Chief, a knowledge of the laws of the District of Columbia pertaining to firearms and, in particular, the requirements of this unit, the responsibilities regarding storage, and the requirements for transport; provided, that once this determination is made with respect to a given applicant for a particular firearm, it need not be made again for the same applicant with respect to a subsequent application for a firearm or for the renewal of a registration certificate pursuant to § 7-2502.07 a;
(11) Is not blind, as defined in D.C. Official Code § 7-1009(1);
(12)
(A) Has not been the respondent in an intrafamily proceeding in which a civil protection order was issued against the applicant pursuant to § 16-1005; provided, that an applicant who has been the subject of such an order shall be eligible for registration if the applicant has submitted to the Chief a certified court record establishing that the order has expired or has been rescinded for a period of 5 years or more; or
(B) Has not been the respondent in a proceeding in which a foreign protection order, as that term is defined in § 16-1041, was issued against the applicant; provided, that an applicant who has been the subject of such an order shall be eligible for registration if the applicant has submitted to the Chief a certified court record establishing that the order has expired or has been rescinded for a period of 5 years;
(13)
(A) Has completed a firearms training and safety class provided free of charge by the Chief; or
(B) Has submitted evidence of any of the following:
(i) That the applicant has received firearms training in the United States military;
(ii) A license from another state for which firearms training is required, where the training, as determined by the Chief, is equal to or greater than that provided under subparagraph (A) of this paragraph; or
(iii) That the applicant has otherwise completed a firearms training or safety course conducted by a firearms instructor that, as determined by the Chief, is equal to or greater than that conducted under subparagraph (A) of this paragraph;
(14) Has not been prohibited from possessing or registering a firearm pursuant to § 7-2502.08; and
(15) Is not the subject of an ex parte extreme risk protection order issued pursuant to section 1004 or a final extreme risk protection order issued pursuant to section 1003 or renewed pursuant to section 1006.
(b) Every person applying for a registration certificate shall provide on a form prescribed by the Chief:
(1) The full name or any other name by which the applicant is known;
(2) The present address and each home address where the applicant has resided during the 5-year period immediately preceding the application;
(3) The present business or occupation of the applicant and the address and phone number of the employer;
(4) The date and place of birth of the applicant;
(5) The sex of the applicant;
(6) Whether (and if so, the reasons) the District, the United States or the government of any state or subdivision of any state has denied or revoked the applicant's license, registration certificate, or permit pertaining to any firearm;
(7) A description of the applicant's role in any mishap involving a firearm, including the date, place, time, circumstances, and the names of the persons injured or killed;
(8) Repealed.
(9) The caliber, make, model, manufacturer's identification number, serial number, and any other identifying marks on the firearm;
(10) For a firearm that is not self-manufactured pursuant to § 7-2502.02, the name and address of the person or organization from whom the firearm was obtained, and in the case of a dealer, his dealer’s license number
(11) Where the firearm will generally be kept;
(12) Whether the applicant has applied for other registration certificates issued and outstanding;
(13) Such other information as the Chief determines is necessary to carry out the provisions of this unit.
(c) Every organization applying for a registration certificate shall:
(1) With respect to the president or chief executive of such organization, comply with the requirements of subsection (b) of this section; and
(2) Provide such other information as the Chief determines is necessary to carry out the provisions of this unit.
(d) Repealed.
(e) The Chief shall register no more than one pistol per registrant during any 30-day period; provided, that the Chief may permit a person first becoming a District resident to register more than one pistol if those pistols were lawfully owned in another jurisdiction for a period of 6 months prior to the date of the application.
(f)
(1) A person disqualified under subsection (a)(6)(A) of this section, or 18 U.S.C. § 922(g)(4) as a result of a commitment or adjudication that occurred in the District, may petition the Superior Court for the District of Columbia for relief from disqualification.
(2) A petition filed pursuant to paragraph (1) of this subsection shall:
(A) Be in writing;
(B) State the reason the petitioner was disqualified;
(C) State facts in support of the petitioner's claim that the petitioner should no longer be disqualified;
(D) Include a statement, on a form approved by the court, signed by a licensed physician, psychiatrist, or qualified psychologist within the 30-day period immediately preceding the filing of the petition for relief, stating:
(i) The symptoms or behaviors for which the petitioner has been disqualified;
(ii) The length of time that the petitioner has no longer experienced those symptoms or behaviors;
(iii) The length of time that the petitioner has been compliant with any applicable treatment plans related to the reason the petitioner was disqualified; and
(iv) That, in the physician, psychiatrist, or psychologist's opinion, the petitioner would not be likely to act in a manner dangerous to public safety if allowed to register a firearm;
(E) Be accompanied by any appropriate exhibits, affidavits, or supporting documents, including records of any guardianship, conservatorship, or commitment proceeding related to the petitioner's disqualification;
(F) Include 2 statements from individuals who are not related to the petitioner by blood, adoption, guardianship, marriage, domestic partnership, having a child in common, cohabitating, or maintaining a romantic, dating, or sexual relationship and have known the petitioner for at least 3 years. The individuals' statements shall:
(i) Be on a form approved by the court, and signed by the individual within the 30-day period immediately preceding the filing of the petition for relief;
(ii) Describe the petitioner's reputation and character; and
(iii) State that, in the individual's opinion, the petitioner would not be likely to act in a manner dangerous to public safety if allowed to register a firearm; and
(G) Be served upon the Office of the Attorney General.
(3)
(A)
(i) Upon receipt of a petition filed under paragraph (1) of this subsection, and for good cause shown, the court shall issue such orders as may be necessary to obtain any mental health records and other information relevant for the purposes of the petition. The order shall require the disclosure of records to the Office of the Attorney General so that the Office of the Attorney General can conduct a search of the petitioner's mental health records and report its findings to the court as required by subparagraph (B) of this paragraph.
(ii) The court shall order the Office of the Attorney General to file a response to the petition. Within 60 days after the court's order for a response, the Office of the Attorney General shall file a response indicating whether the Office of the Attorney General supports or opposes the petition.
(iii) The court may, for good cause shown, extend in 30-day increments the date by which the Office of Attorney General must file its response under subsubparagraph (ii) of this subparagraph.
(B) The Office of Attorney General shall:
(i) Conduct a reasonable search of all available records of the petitioner's mental health;
(ii) Perform a national criminal history and firearms eligibility background check on the petitioner; and
(iii) Include its findings under this subparagraph in its response to the court.
(C) The Metropolitan Police Department shall, upon request, provide to the Office of Attorney General any records related to the petitioner it has in its possession or could obtain after conducting a reasonable search.
(4)
(A) The court shall hold a hearing on a petition filed under paragraph (1) of this subsection within 60 days after the date on which the Office of Attorney General files its response.
(B) In determining whether to grant a petition filed pursuant to paragraph (1) of this subsection, the court shall consider all relevant evidence, including:
(i) The reason the petitioner was disqualified;
(ii) The petitioner's mental health and criminal history records; and
(iii) Evidence of the petitioner's reputation.
(5) The court shall grant a petition filed pursuant to paragraph (1) of this subsection if the petitioner establishes, by a preponderance of the evidence, that:
(A) The petitioner would not be likely to act in a manner dangerous to public safety; and
(B) Granting the relief would not be contrary to the public interest.
(6) If the court grants a petition for relief pursuant to paragraph (5) of this subsection, the court shall issue an order that:
(A) States the petitioner is no longer disqualified under subsection (a)(6)(A) of this section;
(B) Orders the Clerk of the Court to submit a copy of the order to the Metropolitan Police Department, the Office of the Attorney General, and any other relevant law enforcement, pretrial, corrections, or community supervision agency; and
(C) Requires that the petitioner's record be updated in the National Instant Criminal Background Check System and any other system used to determine firearm registration eligibility to reflect that the petitioner is no longer disqualified.
(7) If the court denies a petition for relief, the court shall state the reasons for its denial in writing.
(8) An order granting or denying a petition filed under paragraph (1) of this subsection shall be a final order for the purposes of appeal.
D.C. Code § 7-2502.03Application requirements
(a) A person who submits an application pursuant to § 22-4506 shall certify and demonstrate to the satisfaction of the Chief that he or she:
(1) Is at least 21 years of age;
(2) Meets all of the requirements for a person registering a firearm pursuant to this unit, and has obtained a registration certificate for the pistol that the person is applying to carry concealed;
(3)
(A) Does not currently suffer from a mental illness or condition that creates a substantial risk that he or she is a danger to himself or herself or others; or
(B) If he or she has suffered in the previous 5 years from a mental illness or condition that created a substantial risk that he or she was a danger to himself or herself or others, no longer suffers from a mental illness or condition that creates a substantial risk that he or she is a danger to himself or herself or others;
(4) Has completed a firearms training course or combination of courses, conducted by an instructor (or instructors) certified by the Chief, which includes at least 16 hours of training, and covers the following:
(A) Firearm safety;
(B) Firearm nomenclature;
(C) Basic principles of marksmanship;
(D) Care, cleaning, maintenance, loading, unloading, and storage of pistols;
(E) Situational awareness, conflict management, and use of deadly force;
(F) Selection of pistols and ammunition for defensive purposes; and
(G) All applicable District and federal firearms laws, including the requirements of this unit, Chapter 45 of Title 22 [§ 22-4501 et seq.], and District law pertaining to self-defense;
(5) Has completed at least 2 hours of range training, conducted by an instructor certified by the Chief, including shooting a qualification course of 50 rounds of ammunition from a maximum distance of 15 yards (45 feet); and
(6) Has complied with any procedures the Chief may establish by rule.
(b) An applicant shall satisfy the requirements of subsection (a)(4) and (a)(5) of this section with a certification from a firearms instructor that the applicant:
(1) Demonstrated satisfactory completion of the requirements of subsection (a)(4) and (a)(5) of this section; and
(2) Possesses the proper knowledge, skills, and attitude to carry a concealed pistol.
(c) An applicant may be exempt from some or all of the requirements of subsection (a)(4) and (a)(5) of this section if the applicant has submitted evidence that he or she has received firearms training in the United States military or has otherwise completed firearms training conducted by a firearms instructor that, as determined by the Chief, is equal to or greater than that required under subsection (a)(4) and (a)(5) of this section.
(d) An applicant for a license may satisfy any component of the requirements of subsection (a)(4) and (a)(5) of this section by demonstrating to the satisfaction of the Chief that the applicant has met that particular component as part of a successful application to carry a concealed pistol issued by the lawful authorities of any state or subdivision of the United States.
(e)
(1) An applicant shall sign an oath or affirmation attesting to the truth of all the information required by § 22-4506 and this section.
(2) Any declaration, certificate, verification, or statement made for purposes of an application for a license to carry a concealed pistol pursuant to this unit shall be made under penalty of perjury pursuant to § 22-2402.
(f) An applicant is required to appear for an in-person interview at the MPD headquarters for purposes including verification of the applicant's identity and verification of the information submitted as part of the application process for a license.
(g) Any person whose application has been denied may, within 15 days after the date of the notice of denial, appeal to the Office of Administrative Hearings pursuant to § 7-2509.08.
D.C. Code § 7-2509.02
Permitless Carry Law
The terms “constitutional carry” and “permitless carry” refer to states that have laws allowing individuals to carry a loaded firearm in public without requiring a license or permit.
Reciprocity Agreements
Reciprocity refers to an agreement between states to recognize, or honor, a concealed firearm permit issued by another state.
When you are in another state, you are subject to that state’s laws. Even if a state recognizes your carry permit or allows for permitless carry, the state may have additional restrictions on certain types of firearms, magazines, or ammunition. Take time to learn the law!
State Preemption Laws
State firearm preemption laws are statutes that prevent local governments from enacting or enforcing their own gun regulations that are more restrictive than state law. These laws ensure that firearm regulations remain consistent across the state, preventing a patchwork of different rules in various cities or counties.
Purchase/Transfer Laws
When buying or selling a firearm, both federal and state laws must be followed. Under 18 U.S.C. § 922(a)(5), a private party may sell a firearm to a resident of the same state if two conditions are met: (1) the seller and buyer must be residents of the same state, and (2) the seller must not know or have reasonable cause to believe that the buyer is prohibited from receiving or possessing firearms under federal law, as outlined in 18 U.S.C. § 922(g).
Additionally, a private seller may loan or rent a firearm to a resident of any state for temporary lawful sporting use, provided they meet the same condition of not knowing or having reason to believe the borrower is prohibited under federal law.
In addition to federal law, state laws governing firearm sales must also be followed, as states may impose additional restrictions such as background checks, waiting periods, or bans on specific types of firearms.
Registration requirements
(a) Except as otherwise provided in this unit, no person or organization in the District of Columbia ("District") shall receive, possess, control, transfer, offer for sale, sell, give, or deliver any destructive device, and no person or organization in the District shall possess or control any firearm, unless the person or organization holds a valid registration certificate for the firearm. A registration certificate may be issued:
(1) To an organization if:
(A) The organization employs at least 1 commissioned special police officer or employee licensed to carry a firearm whom the organization arms during the employee's duty hours; and
(B) The registration is issued in the name of the organization and in the name of the president or chief executive officer of the organization;
(2) In the discretion of the Chief of Police, to a police officer who has retired from the Metropolitan Police Department;
(3) In the discretion of the Chief of Police, to the Fire Marshal and any member of the Fire and Arson Investigation Unit of the Fire Prevention Bureau of the Fire Department of the District of Columbia, who is designated in writing by the Fire Chief, for the purpose of enforcing the arson and fire safety laws of the District of Columbia;
(4) To a firearms instructor, or to an organization that employs a firearms instructor, for the purpose of conducting firearms training; or
(5) To a person who complies with, and meets the requirements of, this unit.
(b) Subsection (a) of this section shall not apply to:
(1)
(A) Qualified law enforcement officers, as that phrase is defined in 18 U.S.C. §926B (c) and (f), who are carrying the identification required by 18 U.S.C. § 926B (d);
(B) Qualified retired law enforcement officers, as that phrase is defined in 18 U.S.C. §926C (c) and (e)(2), who are carrying the identification required by 18 U.S.C. § 926C (d);
(C) Members of the Army, Navy, Air Force, or Marine Corps of the United States, or of the National Guard or Organized Reserves, when on duty and duly authorized to carry a firearm;
(D) Officers or employees of the United States, when duly authorized to carry a firearm; or
(E) State law enforcement officers who lawfully enter the District of Columbia in hot pursuit of a person suspected of having committed a crime;
(2) Any person holding a dealer's license; provided, that the firearm or destructive device is:
(A) Acquired by such person in the normal conduct of business;
(B) Kept at the place described in the dealer's license; and
(C) Not kept for such person's private use or protection, or for the protection of his business;
(3) With respect to firearms, any nonresident of the District participating in any lawful recreational firearm-related activity in the District, or on his way to or from such activity in another jurisdiction; provided, that such person, whenever in possession of a firearm, shall upon demand of any member of the Metropolitan Police Department, or other bona fide law enforcement officer, exhibit proof that he is on his way to or from such activity, and that his possession or control of such firearm is lawful in the jurisdiction in which he resides; provided further, that such weapon shall be transported in accordance with § 22-4504.02;
(4) Any person who temporarily possesses a firearm registered to another person while in the home or place of business of the registrant; provided, that the person is not otherwise prohibited from possessing firearms and the person reasonably believes that possession of the firearm is necessary to prevent imminent death or great bodily harm to himself or herself; or
(5) Any person who temporarily possesses a firearm while participating in a firearms training and safety class conducted by a firearms instructor.
(c) For the purposes of subsection (b)(3) of this section, the term "recreational firearm-related activity" includes a firearms training and safety class.
D.C. Code § 7-2502.01
Employees of United States Department of Agriculture authorized to carry firearms: Public Law 97-312 provided that any employee of the United States Department of Agriculture designated by the Secretary of Agriculture and the Attorney General of the United States may carry a firearm and use a firearm when necessary for self-protection, in accordance with rules and regulations issued by the Secretary of Agriculture and the Attorney General of the United States, while such employee is engaged in the performance of the employee's official duties to (1) carry out any law or regulation related to the control, eradication, or prevention of the introduction or dissemination of communicable disease of livestock or poultry into the United States or (2) perform any duty related to such disease control, eradication, or prevention, subject to the direction of the Secretary.
Seizure and forfeiture of conveyances used in firearms offenses: Section 2(b) of D.C. Law 11-273 provided for the forfeiture and seizure of any conveyance, including vehicles and vessels in which any person or persons transport, possess, or conceal any firearm as defined in § 7-2501.01 , or in any manner use to facilitate a violation of §§ 22-4503 and 22-4504 . D.C. Law 11-273 became effective on June 3, 1997.
Issuance of registration certificate; time period; corrections
(a) Upon receipt of a properly executed application for registration certificate, the Chief, upon determining through inquiry, investigation, or otherwise, that the applicant is entitled and qualified under the provisions of this unit, thereto, shall issue a registration certificate. Each registration certificate shall be in duplicate and bear a unique registration certificate number and such other information as the Chief determines is necessary to identify the applicant and the firearm registered. The duplicate of the registration certificate shall be delivered to the applicant and the Chief shall retain the original.
(b) The Chief shall approve or deny an application for a registration certificate within a 60-day period beginning on the date the Chief receives the application, unless good cause is shown, including nonreceipt of information from sources outside the District government; provided, that in the case of an application to register a firearm validly registered under prior regulations, the Chief shall have 365 days after the receipt of such application to approve or deny such application. The Chief may hold in abeyance an application where there is a revocation proceeding pending against such person or organization.
(c) Upon receipt of a registration certificate, each applicant shall examine same to ensure that the information thereon is correct. If the registration certificate is incorrect in any respect, the person or organization named thereon shall return it to the Chief with a signed statement showing the nature of the error. The Chief shall correct the error, if it occurred through administrative error. In the event the error resulted from information contained in the application, the applicant shall be required to file an amended application setting forth the correct information, and a statement explaining the error in the original application. Each amended application shall be accompanied by a fee equal to that required for the original application.
(d) In the event the Chief learns of an error in a registration certificate other than as provided in subsection (c) of this section, he may require the holder to return the registration certificate for correction. If the error resulted from information contained in the application, the person or organization named therein shall be required to file an amended application as provided in subsection (c) of this section.
(e) Each registration certificate issued by the Chief shall be accompanied by a statement setting forth the registrant's duties under this unit.
(f) In the discretion of the Chief of Police, a registration certificate may be issued to a retired police officer who is a resident of the District of Columbia for a pistol and ammunition which conforms to the Metropolitan Police Department General Orders and policies.
(g) When the retired police officer ceases to be a resident of the District of Columbia the registration certificate expires.
(h) Nothing in this unit shall create an entitlement to a registration certificate for a retired police officer. If the Chief of Police denies a retired police officer's registration certificate application, the Chief of Police shall state the reasons for the denial in writing.
(i) The District of Columbia shall not incur any liability by reason of the issuance or denial of a certificate, nor for any use made of the registered firearm.
D.C. Code § 7-2502.07
Registration of certain firearms prohibited
(a) A registration certificate shall not be issued for a:
(1) Sawed-off shotgun;
(2) Machine gun;
(3) Short-barreled rifle;
(4) Pistol not validly registered to the current registrant in the District prior to September 24, 1976, except that the prohibition on registering a pistol shall not apply to:
(A) Any organization that employs at least one commissioned special police officer or other employee licensed to carry a firearm and that arms the employee with a firearm during the employee's duty hours;
(B) A police officer who has retired from the Metropolitan Police Department;
(C) Any person who seeks to register a pistol:
(i) For use in self-defense within that person's home or place of business; or
(ii) As part of the application process for a license to carry a concealed pistol pursuant to § 7-2509.02; or
(D) A firearms instructor, or an organization that employs a firearms instructor, for the purpose of conducting firearms training.
(5) An unsafe firearm prohibited under § 7-2505.04;
(6) An assault weapon;
(7) A .50 BMG rifle; or
(8) Ghost gun.
(b) Repealed.
(c)
(1) Notwithstanding subsection (a)(5) of this section, a registration certificate may be issued for a self-manufactured firearm that is not prohibited under subsection (a)(1) through (4) or (6) through (8) of this section if:
(A) The applicant meets the requirements of section 203; and
(B) A unique serial number is engraved or cast on, or otherwise permanently affixed to, the firearm in a manner that meets or exceeds the requirements imposed on licensed importers and licensed manufacturers of firearms pursuant to 18 U.S.C. § 923(i) and regulations issued pursuant thereto; provided, that a serial number or mark of identification exceeds these requirements if the engraving, casting, or stamping (also known as impressing) of the serial number exceeds the required minimum depth or exceeds the minimum print size of that provision.
(2)
(A) An applicant who meets the requirements of section 203 may register a self-manufactured firearm that does not bear a serial number as described in paragraph (1)(B) of this subsection, if, prior to finishing the frame or receiver, the applicant has caused a unique serial number to be engraved, casted, stamped (impressed), or placed on the frame or receiver, as set forth in subparagraphs (B) and (C) this paragraph.
(B) The serial number shall consist of the first mid last name of the self-manufacturer, followed by the designation "DC" and then a set of 2 to 5 numbers.
(C) The set of numbers described in subparagraph (B) of this paragraph shall not duplicate any serial number placed by the self-manufacturer on any other firearm. The applicant shall, before engraving, casting, stamping (impressing), or placing a serial number on the frame or receiver, confirm with the Metropolitan Police Department that the proposed serial number has not already been registered to another firearm.
D.C. Code § 7-2502.02
24-2332.1
Unlawful possession of firearm
(a) No person shall own or keep a firearm, or have a firearm in his or her possession or under his or her control, within the District of Columbia, if the person:
(1) Has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year;
(2) Is not licensed under § 22-4510 to sell weapons, and the person has been convicted of violating this chapter;
(3) Is a fugitive from justice;
(4) Is addicted to any controlled substance, as defined in § 48-901.02(4);
(5) Is subject to a court order that:
(A)
(i) Was issued after a hearing of which the person received actual notice, and at which the person had an opportunity to participate; or
(ii) Remained in effect after the person failed to appear for a hearing of which the person received actual notice;
(B) Restrains the person from assaulting, harassing, stalking, or threatening any person named in the order, or requires the person lo stay away from, or have no contact with, any other person or a location; and.
(C) Requires the person to relinquish possession of any firearms; or
(6) Has been convicted within the past 5 years of:
(A) An intrafamily offense, as that term is defined in D.C. Official Code § 16-1001(8), or any similar provision in the law of another jurisdiction; or
(B) Stalking or attempted stalking, pursuant to Title V of the Omnibus Public Safety and Justice Amendment Act of 2009, effective December 10, 2009 (D.C. Law 18-88; D.C. Official Code § 22-3131et seq.), or any similar provision in the law of another jurisdiction.
(b)
(1) A person who violates subsection (a)(1) of this section shall be sentenced to imprisonment for not more than 10 years and shall be sentenced to imprisonment for a mandatory-minimum term of 1 year, unless she or he has a prior conviction for a crime of violence other than conspiracy, in which case she or he shall be sentenced to imprisonment for not more than 15 years and shall be sentenced to a mandatory-minimum term of 3 years.
(2) A person sentenced to a mandatory-minimum term of imprisonment under paragraph (1) of this subsection shall not be released from prison or granted probation or suspension of sentence prior to serving the mandatory-minimum sentence.
(3) In addition to any other penalty provided under this subsection, a person may be fined an amount not more than the amount set forth in § 22-3571.01.
(c) A person who violates subsection (a)(2) through (a)(6) of this section shall be sentenced to not less than 2 years nor more than 10 years, fined not more than the amount set forth in § 22-3571.01, or both.
(c-1)
(1) It shall be unlawful for any person knowingly to possess or receive any firearm which has had the importer's or manufacturer's serial number removed, obliterated, or altered.
(2) It shall be unlawful for any person to receive, possess, conceal, store, barter, sell, or dispose of any stolen firearm or stolen ammunition, or pledge or accept as security for a loan any stolen firearm or stolen ammunition, knowing or having reasonable cause to believe that the firearm or ammunition was stolen.
(c-2) A person who violates subsection (c-1) of this section shall upon conviction be fined no more than the amount set forth in section 101 of the Criminal Fine Proportionality Amendment Act of 2012, effective June 11, 2013 (D.C. Law 19-317; D.C. Official Code § 22-3571.01), or incarcerated no less than 2 years nor more than 5 years, or both.
(d) For the purposes of this section, the term:
(1) "Crime of violence" shall have the same meaning as provided in § 23-1331(4), or a crime under the laws of any other jurisdiction that involved conduct that would constitute a crime of violence if committed in the District of Columbia, or conduct that is substantially similar to that prosecuted as a crime of violence under the District of Columbia Official Code.
(2) "Fugitive from justice" means a person who has:
(A) Fled to avoid prosecution for a crime or to avoid giving testimony in a criminal proceeding; or
(B) Escaped from a federal, state, or local prison, jail, halfway house, or detention facility or from the custody of a law enforcement officer.
D.C. Code § 22-4503
Transportation of firearms
(a) A person may not transport a firearm unless the person:
(1) Is not otherwise prohibited by law from transporting, shipping, or receiving the firearm;
(2) Is transporting the firearm for a lawful purpose from a place where the person may lawfully possess and carry the firearm to another place where the person may lawfully possess and carry the firearm; and
(3) Transports the firearm in accordance with this section.
(b)
(1) 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.
(2) 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.
(c) If the transportation of the firearm is in a manner other than in a vehicle, the firearm shall be:
(1) Unloaded;
(2) Inside a locked container; and
(3) Separate from any ammunition.
(d) The requirements of subsection (b) of this section shall not apply to a person who has a license to carry a pistol concealed upon their person pursuant to section 6 and who is transporting the firearm concealed upon their person.
(e) The requirements of subsection (c) of this section shall not apply to a person who has a license to carry a pistol concealed upon their person pursuant to section 6 and who is transporting the firearm concealed upon their person.
(f) Prosecutions for violations of this section shall be brought by the Attorney General for the District of Columbia in the name of the District of Columbia.
D.C. Code § 22-4504.02
Exceptions to section 22-4504
(a) The provisions of section 4(a), as they pertain to a pistol, and (a-1), shall not apply to:
(1) A person engaged in the business of manufacturing, repairing, or dealing in firearms, or their agents, employees, and representatives, who possess, carry, or use a pistol in the ordinary course of that business; or
(2) A person while carrying a pistol, transported in accordance with section 4 b:
(A) From the place of purchase to the person's home or place of business;
(B) To a place of repair, or back from that place to the person's home or place of business;
(C) While moving goods from one place of abode or business to another; or
(D) To or from any lawful recreational firearm-related activity.
(b) The provisions of section 4(a) and (a-1) shall not apply to:
(1) The concealed carrying of a firearm by a qualified law enforcement officer who is carrying the identification required by 18 U.S.C. § 926B(d);
(2) The concealed carrying of a firearm by a qualified retired law enforcement officer who is carrying the identification required by 18 U.S.C. § 926C(d);
(3) Members of the Army, Navy, Air Force, or Marine Corps of the United States, or of the National Guard or Organized Reserves when on duty and duly authorized to carry a firearm; and
(4) Officers or employees of the United States when duly authorized to carry a firearm.
(c) For the purposes of this section, die term:
(1) "Qualified law enforcement officer" shall have the same meaning as provided in 18 U.S.C. § 926B(c) and (f).
(2) "Qualified retired law enforcement officer" shall have the same meaning as provided in 18 U.S.C. § 926C(c) and (e)(2).
(3) "Recreational firearm-related activity" includes a firearms training and safety class.
D.C. Code § 22-4505
Certain sales of pistols prohibited
No person shall within the District of Columbia sell any pistol to a person who he or she has reasonable cause to believe is not of sound mind, or is forbidden by § 22-4503 to possess a pistol [now "firearm"], or, except when the relation of parent and child or guardian and ward exists, is under the age of 21 years.
D.C. Code § 22-4507
Transfers of firearms regulated
No seller shall within the District of Columbia deliver a firearm to the purchaser thereof until 10 days shall have elapsed from the date of the purchase thereof, except in the case of sales to marshals, sheriffs, prison or jail wardens or their deputies, policemen, or other duly appointed law enforcement officers, and, when delivered, said firearm shall be transported in accordance with § 22-4504.02. At the time of purchase, the purchaser shall sign in duplicate and deliver to the seller a statement containing his or her full name, address, occupation, date and place of birth, the date of purchase, the caliber, make, model, and manufacturer's number of the firearm and a statement that the purchaser is not forbidden by § 22-4503 to possess a firearm. The seller shall, within 6 hours after purchase, sign and attach his or her address and deliver one copy to such person or persons as the Chief of Police of the District of Columbia may designate, and shall retain the other copy for 6 years. No machine gun, sawed-off shotgun, or blackjack shall be sold to any person other than the persons designated in § 22-4514 as entitled to possess the same, and then only after permission to make such sale has been obtained from the Chief of Police of the District of Columbia. This section shall not apply to sales at wholesale to licensed dealers.
D.C. Code § 22-4508
Firearm Classification and Accessory Restrictions
Persons permitted to possess ammunition
(a) No person shall possess ammunition in the District of Columbia unless:
(1) He is a licensed dealer pursuant to subchapter IV of this unit;
(2) He is an officer, agent, or employee of the District of Columbia or the United States of America, on duty and acting within the scope of his duties when possessing such ammunition;
(3) He is the holder of a valid registration certificate for a firearm pursuant to subchapter II of this chapter; except, that no such person shall possess one or more restricted pistol bullets;
(4) He holds an ammunition collector's certificate on September 24, 1976; or
(5) He temporarily possesses ammunition while participating in a firearms training and safety class conducted by a firearms instructor.
(b) No person in the District shall knowingly possess, sell, or transfer any ammunition feeding device that is, in fact, a large capacity ammunition feeding device, regardless of whether the device is attached to a firearm.
(c) For the purposes of this section, the term "large capacity ammunition feeding device" means a magazine, belt, drum, feed strip, or similar device that has a capacity of, or that can be readily restored or converted to accept, more than 10 rounds of ammunition. The term "large capacity ammunition feeding device" shall not include an attached tubular device designed to accept, and capable of operating only with,.22 caliber rimfire ammunition.
D.C. Code § 7-2506.01
Possession of certain dangerous weapons prohibited; exceptions
(a) No person shall within the District of Columbia possess any item that is, in fact, a machine gun, sawed-off shotgun,bump stock, ghost gun, knuckles, or any instrument or weapon of the kind commonly known as a blackjack, slungshot, sand club, sandbag, switchblade knife, nor any instrument, attachment, or appliance for causing the firing of any firearm to be silent or intended to lessen or muffle the noise of the firing of any firearms; provided, however, that machine guns, or sawed-off shotgun, bump stock, ghost gun, knuckles, and blackjacks may be possessed by the members of the Army, Navy, Air Force, or Marine Corps of the United States, the National Guard, or Organized Reserves when on duty, the Post Office Department or its employees when on duty, marshals, sheriffs, prison or jail wardens, or their deputies, policemen, or other duly-appointed law enforcement officers, including any designated civilian employee of the Metropolitan Police Department, or officers or employees of the United States duly authorized to carry such weapons, banking institutions, public carriers who are engaged in the business of transporting mail, money, securities, or other valuables, wholesale dealers and retail dealers licensed under § 22-4510.
(b) No person shall within the District of Columbia possess, with intent to use unlawfully against another, an imitation pistol, or a dagger, dirk, razor, stiletto, or knife with a blade longer than 3 inches, or other dangerous weapon.
(c) Whoever violates this section shall be punished as provided in section 15 unless:
(1) The violation involves possession of a sawed-off shotgun, or ghost gun, in which case such person shall be fined no more than the amount set forth in section 101 of the Criminal Fine Proportionality Amendment Act of 2012, effective June 11, 2013 (D.C. Law 19-317; D.C. Official Code § 22-3571.01), or incarcerated for no more than 5 years, or both;
(2) The violation involves possession of a machine gun, in which case such person shall be fined no more than the amount set forth in section 101 of the Criminal Fine Proportionality Amendment Act of 2012, effective June 11, 2013 (D.C. Law 19-317; D.C. Official Code § 22-3571.01), or incarcerated for no more than 5 years, which shall be imposed consecutive to any other sentence of imprisonment, or both; or
(3) The violation occurs after such person has been convicted in the District of Columbia of a violation of this section, or of a felony, either in the District of Columbia or in another jurisdiction, in which case such person shall be fined no more than the amount set forth in section 101 of the Criminal Fine Proportionality Amendment Act of 2012, effective June 11, 2013 (D.C. Law 19-317; D.C. Official Code § 22-3571.01), or incarcerated for no more than 10 years, or both.
(d)[Repealed by 2024 Amendment.]
D.C. Code § 22-4514
Definition of self-defense sprays
For the purposes of §§ 7-2502.12 through 7-2502.14, the term:
"Self-defense spray" means a mixture of a lacrimator including chloroacetophenone, alphacloracetophenone, phenylchloromethylketone, orthochlorobenazalm-alononitrile or oleoresin capsicum.
D.C. Code § 7-2502.12
Possession of self-defense sprays
(a) Notwithstanding the provisions of § 7-2501.01(7)(C), a person may possess and use a self-defense spray in the exercise of reasonable force in defense of the person or the person's property only if it is propelled from an aerosol container, labeled with or accompanied by clearly written instructions as to its use, and dated to indicate its anticipated useful life.
(b) No person shall possess a self-defense spray which is of a type other than that specified in §§ 7-2502.12 to 7-2502.14.
D.C. Code § 7-2502.13
Possession of stun guns
(a) No person under 18 years of age shall possess a stun gun in the District; provided, that brief possession for self-defense in response to an immediate threat of harm shall not be a violation of this subsection.
(b) No person who possesses a stun gun shall use that weapon except in the exercise of reasonable force in defense of person or property.
(c) Unless permission specific to the individual and occasion is given, no person, except a law enforcement officer as defined in § 7-2509.01, shall possess a stun gun in the following locations:
(1) A building or office occupied by the District of Columbia, its agencies, or instrumentalities;
(2) A penal institution, secure juvenile residential facility, or halfway house;
(3) A building or portion thereof, occupied by a children's facility, preschool, or public or private elementary or secondary school; or
(4) Any building or grounds clearly posted by the owner or occupant to prohibit the carrying of a stun gun.
D.C. Code § 7-2502.15
Sale of stun guns
(a) In order to lawfully sell a stun gun in the District, a vendor shall obtain pursuant to § 47-2851.03(e) a stun gun endorsement on its basic business license from the Department of Consumer and Regulatory Affairs ("Department") on a form to be provided by the Department.
(b) This section shall not apply to a vendor who sells fewer than 5 stun guns in a 12- month period.
D.C. Code § 7-2502.16
Magazine Capacity Restrictions
Magazine capacity laws are designed to limit the number of rounds a firearm's magazine can hold, typically restricting it to a certain number of cartridges (e.g., 10 rounds or fewer). Some state laws restrict the amount of rounds that may be placed in a magazine at any given time, while others prevent the mere possession of unloaded magazines capable of accepting more than a certain number of rounds.
[State] restricts the ammunition capacity of magazines to [restriction] by state law.
24-2343
Title 7 Subtitle J Chpt. 25 § 7-2501.01. Definitions
(2) “Ammunition” means cartridge cases, shells, projectiles (including shot), primers, bullets (including
restricted pistol bullets), propellant powder, or other devices or materials designed, redesigned, or intended
for use in a firearm or destructive device. Apr. 21, 2023, D.C. Law 24-347, § 2(a), 70 DCR 928.)
Title 7 Subtitle J Chpt. 25 § 7-2506.01. Persons Permitted to Possess Ammunition
(a) No person shall possess ammunition in the District of Columbia unless:
(1) He is a licensed dealer pursuant to subchapter IV of this unit;
(2) He is an officer, agent, or employee of the District of Columbia or the United States of America, on
duty and acting within the scope of his duties when possessing such ammunition;
(3) He is the holder of a valid registration certificate for a firearm pursuant to subchapter II of this
chapter; except, that no such person shall possess restricted pistol bullets;
(4) He holds an ammunition collector's certificate on September 24, 1976; or
(5) He temporarily possesses ammunition while participating in a firearms training and safety class
conducted by a firearms instructor.
D.C. Official Code § 7-2506.01
Prohibited Areas - Where Firearms Are Prohibited Under State law
Carrying a firearm into a place where firearms are prohibited by state or federal law is a common way for gun owners to find themselves in legal trouble. These places are known as “prohibited areas,” and they can vary greatly from state to state.
Below you will find the list of the places where firearms are prohibited under this state’s laws. Keep in mind, in addition to these state prohibited areas, federal law adds additional places where firearms are prohibited. See the federal law section for a list of federal prohibited areas.
Prohibition of firearms from public or private property
(a) The District of Columbia may prohibit or restrict the possession of firearms on its property and any property under its control.
(b) Private persons or entities owning property in the District of Columbia may prohibit or restrict the possession of firearms on their property; provided, that this subsection shall not apply to law enforcement personnel when lawfully authorized to enter onto private property.
D.C. Code § 22-4503.02
(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 an 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 IS U.S.C. §§ 926 B and 926C, the carrying of a concealed pistol:
(1) On private residential property shall be presumed to be prohibited unless otherwise authorized by the properly 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 m 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.
D.C. Code § 7-2509.07
22-VI-34-22-4504.01
22-VI-45 - 4503.02
Gun free zones; enhanced penalty
(a) All areas within, 1000 feet of an appropriately identified public or private day care center, elementary school, vocational school, secondary school, college, junior college, or university, or any public swimming pool, playground, video arcade, youth center, or public library, or in and around public housing as defined in section 3(1) of the United States Housing Act of 1937, approved August 22, 1974 (88 Stat. 654; 42 U.S.C. § 1437a(b) ), the development or administration of which is assisted by the United States Department of Housing and Urban Development, or in or around housing that is owned, operated, or financially assisted by the District of Columbia Housing Authority, or an event sponsored by any of the above entities shall be declared a gun free zone. For the purposes of this subsection, the term "appropriately identified" means that there is a sign that identifies the building or area as a gun free zone.
(b) Any person illegally carrying a gun within a gun free zone shall be punished by a fine up to twice that otherwise authorized to be imposed, by a term of imprisonment up to twice that otherwise authorized to be imposed, or both.
(c) The provisions of this section shall not apply to a person legally licensed to carry a firearm in the District of Columbia who lives or works within 1000 feet of a gun free zone or to members of the Army, Navy, Air Force, or Marine Corps of the United States; the National Guard or Organized Reserves when on duty; the Post Office Department or its employees when on duty; marshals, sheriffs, prison, or jail wardens, or their deputies; policemen or other duly-appointed law enforcement officers; officers or employees of the United States duly authorized to carry such weapons; banking institutions; public carriers who are engaged in the business of transporting mail, money, securities, or other valuables; and licensed wholesale or retail dealers.
D.C. Code § 22-4502.01
Methods of Carry - Open Carry Laws
Open carry and concealed carry refer to two distinct methods of carrying firearms in public. Open carry involves visibly carrying a firearm, typically in a holster, where it is easily seen by others. Concealed carry, on the other hand, involves carrying a firearm in a hidden manner, such as under clothing, so that it is not visible to others.
A licensee shall carry any pistol in a manner that it is entirely hidden from
view of the public when carried on or about a person, or when in a vehicle in such a way as it is entirely
hidden from view of the public. Source: Final Rulemaking published at 62 DCR 9781 (July 17, 2015).
DC Admin Code 24-2344.2 A person issued a concealed carry license by the Chief shall carry any pistol in
a holster on their person in a firmly secure manner that is reasonably designed to prevent loss, theft, or
accidental discharge of the pistol. Source: Final Rulemaking published at 62 DCR 9781 (July 17, 2015).
Note: Unless you have a firearm registered in DC and that registration card for a firearm do not have a
empty/fired cartridge case, bullets not loaded in a case, primers, powder etc. in your vehicle that is not
stored so it can’t be accessed by the driver or any passenger. Any of those components are considered
ammunition.
Note: If you interrupt your trip while inside DC while transporting firearms other than to stop and get gas or
similar stop you are no longer covered by Federal Law (Title 18 Part 1 Chapter 44 § 926A) but fall under DC
law. § 926A doesn’t cover you when you stop to sight see, spend the night or other recreation activities and
you can be arrested and your firearms Confiscated if you do not have a valid Permit/License Issued by DC.
2344.1 A licensee shall carry any pistol in a manner that it is entirely hidden from view of the public when
carried on or about a person, or when in a vehicle in such a way as it is entirely hidden from view of the
public.
No Weapons Signs
No weapons" signs are notices posted by businesses or private property owners indicating that firearms or other weapons are not allowed on the premises. The legal impact of these signs varies by state. In some states, these signs have the force of law, meaning that if a person carries a weapon onto the property in violation of the sign, they can face criminal penalties such as fines or arrest. In these states, ignoring a "no weapons" sign can result in legal consequences similar to trespassing.
In other states, however, these signs are merely a business's policy, and while a person carrying a weapon might be asked to leave, there are no legal penalties for entering with a weapon unless they refuse to leave when asked, at which point trespassing laws may apply.
Title 7 Subtitle J Chpt. 25 § 7-2509.07 Prohibitions on Carrying Licensed Pistols.
(g)(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
Controlled Substance/Alcohol Laws
Most, but not all, states have laws in place that regulate possessing firearms while intoxicated, and individual states will define "intoxicated" differently. In addition to state law, federal law also prohibits the possession of a firearm by any person who is “an unlawful user of or addicted to any controlled substance” as defined by the Controlled Substances Act (“CSA”). There are five different schedules of controlled substances regulated by the CSA, scheduled as I–V. The types of drugs that are regulated range from heroin as a Schedule I substance, to Robitussin AC as a Schedule V substance. Even a gun owner that is prescribed a scheduled drug by a physician can be in legal jeopardy if it is proven that the drug was taken in a frequency or manner other than was prescribed.
Although legal for medicinal or recreational use in many states, marijuana remains classified as a scheduled controlled substance under the federal Controlled Substances Act (CSA), codified as 21 U.S.C. § 812. On May 16, 2024, the U.S. Department of Justice published a proposed rule change that would reclassify marijuana from schedule I to a schedule III drug. It is anticipated this rescheduling will formally occur in 2024 or 2025. Unlike schedule I drugs, schedule III drugs may be lawfully prescribed by a licensed physician, and thus the possession of these prescribed drugs does not make the possession of a firearm inherently unlawful the way possession of a schedule I substance would. This means that the rescheduling of marijuana to a schedule III drug would finally allow for the lawful use, possession and purchase of firearms by prescription marijuana users. However, if it is determined that the marijuana is possessed without a prescription, is used in a manner that is not prescribed, or that the individual with the prescription is addicted to marijuana, possession of a firearm would still be a federal offense. Federal law states that a person is addicted to a controlled substance when they have “lost the power of self-control with reference to the use of controlled substance; and any person who is a current user of a controlled substance in a manner other than as prescribed by a licensed physician.”
27 C.F.R. § 478.11, 18 U.S.C. §922(g)(3)
(a) A licensee shall not carry a pistol while he or she is consuming alcohol.
(b) No person shall carry a pistol while impaired.
(c) Upon establishing reasonable suspicion that a licensee has been consuming drugs or alcohol, a licensee's failure to submit to one or more field sobriety, breathalyzer, or urine tests, administered to determine whether the licensee is impaired while carrying a pistol, shall be grounds for summary suspension of the license pursuant to § 7-2509.05(b).
(d) 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.
(e) For the purposes of this section, the term "impaired" means a person has consumed alcohol or other drug or drugs and that it has affected the person's behavior in a way that can be perceived or noticed.
D.C. Code § 7-2509.06
Vehicle and Transport Laws
Permit reciprocity and other differences between state regulation of firearms can create a difficult landscape for firearm owners to navigate while transporting firearms interstate. In 1968, and again in 1986, Congress set out to help hunters, travelers, and other firearm owners who were getting arrested for merely transporting firearms through restrictive states. To help simplify the complex web of state firearm laws, Congress passed the 1986 Firearm Owners Protection Act (“FOPA”) as part of Senate Bill 2414. The specific “safe harbor” provision of the law, often referred to as the “McClure-Volkmer Rule,” provides some protection for gun owners transporting firearms through restrictive states, subject to strict requirements. This federal law is covered in more detail in the federal law section of this database.
Beyond federal law, the laws of each state will impose additional restrictions, or protections, related to transporting firearms in a vehicle.
(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. Apr. 21, 2023, D.C. Law 24-347, § 2(l), 70 DCR 928.)
Title 22 Subtitle VI Chpt. 45 § 22-4504.02. Transportation of Firearms.
(a) A person may not transport a firearm unless the person:
(1) Is not otherwise prohibited by law from transporting, shipping, or receiving the firearm;
(2) Is transporting the firearm for a lawful purpose from a place where the person may lawfully possess
and carry the firearm to another place where the person may lawfully possess and carry the firearm; and
(3) Transports the firearm in accordance with this section.
(b)(1) 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.
(2) 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.
(c) If the transportation of the firearm is in a manner other than in a vehicle, the firearm shall be:
(1) Unloaded;
(2) Inside a locked container; and
(3) Separate from any ammunition.
(d) The requirements of subsection (b) of this section shall not apply to a person who has a license to carry a
pistol concealed upon their person pursuant to § 22-4506 and who is transporting the firearm concealed upon
their person.
(e) The requirements of subsection (c) of this section shall not apply to a person who has a license to carry a
pistol concealed upon their person pursuant to § 22-4506 and who is transporting the firearm concealed upon
their personote: Parking lots except for schools/colleges as above are not listed as being off limits. The new law also
describes “Public Places.” You would be able to visit places as listed as being off limits and park in a public
or their parking lot if not posted and leave your unloaded and secured firearm in your vehicle.Seizure and forfeiture of conveyances
Any conveyance in which a person or persons transport, possess, or conceal any firearm, as that term is defined in § 7-2501.01, or in any manner use to facilitate a violation of § 7-2502.02 or § 22-4503 or § 22-4504, is subject to forfeiture pursuant to the standards and procedures set forth in D.C. Law 20-278.
Storage Requirements
Some states have laws that require gun owners to take specific measures to secure their firearms, especially in households with children. Many of these state laws mandate that guns be stored in locked containers or safes when not in use. These laws often impose penalties for failing to secure firearms, particularly if they are accessed by unauthorized individuals, such as minors.
(a) It shall be the policy of the District of Columbia that each registrant should keep any firearm in his or her possession unloaded and either disassembled or secured by a trigger lock, gun safe, locked box, or other secure device.
(b) No person shall store or keep any firearm on any premises under his control if he knows or reasonably should know that a minor is likely to gain access to the firearm without the permission of the parent or guardian of the minor unless such person:
(1) Keeps the firearm in a securely locked box, secured container, or in a location which a reasonable person would believe to be secure; or
(2) 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.
(c)
(1) A person who violates subsection (b) of this section is guilty of criminally negligent storage of a firearm and, except as provided in paragraph (2) of this subsection, shall be fined not more than $1,000, imprisoned not more than 180 days, or both.
(2) A person who violates subsection (b) of this section and the minor causes injury or death to himself or another shall be fined not more than $5,000, imprisoned not more than 5 years, or both.
(3) The provisions of paragraphs (1) and (2) of this subsection shall not apply if the minor obtains the firearm as a result of an unlawful entry or burglary to any premises by any person.
(c-1) The provisions of § 7-2507.06 shall not apply to this section.
(d) For the purposes of this section, the term "minor" shall mean a person under the age of 18 years.
D.C. Code § 7-2507.02
Other Weapons Restrictions
(a) Each person or organization holding a registration certificate (for purposes of this section, "registrant") shall:
(1) Notify the Chief in writing of the loss, theft, or destruction of the registration certificate or of a registered firearm (including the circumstances, if known) immediately upon discovery of such loss, theft, or destruction;
(2) Notify the Chief in writing within 30 days of a change in the registrant's name or address as it appears on the registration certificate;
(3) Notify the Chief in writing of the sale, transfer, or other disposition of the firearm within 2 business days of such sale, transfer, or other disposition. The notification shall include:
(A) The identification of the registrant, the firearm, and the serial number of the registration certificate;
(B) The name, address, and date of birth of the person to whom the firearm has been sold or transferred; and
(C) Whether the firearm was sold or how it was otherwise transferred or disposed of.
(b) Each registrant shall return to the Chief the registration certificate for any firearm which is lost, stolen, destroyed, sold, or otherwise transferred or disposed of, at the time the registrant notifies the Chief of such loss, theft, destruction, sale, transfer, or other disposition.
(c) Each registrant shall have in the registrant's possession, whenever in possession of a firearm, the registration certificate, or exact photocopy thereof, for such firearm, and exhibit the same upon the demand of a member of the Metropolitan Police Department, or other law enforcement officer.
(d) The duties set forth in subsections (a) through (c) of this section are in addition to any other requirements imposed by this unit or other applicable law.
(e)
(1) A registrant shall be subject to a civil fine of $100 for the first violation or omission of the duties and requirements imposed by this section.
(2) A registrant shall be subject to a civil fine of $500 for the second violation or omission of the duties and requirements imposed by this section, a registrant's registration certificates shall be revoked, and the registrant shall be prohibited from possessing or registering any firearm for a period of 5 years.
(3) A registrant shall be subject to a civil fine of $1,000 for the third violation or omission of the duties and requirements imposed by this section, a registrant's registration certificates shall be revoked, and the registrant shall be prohibited from possessing or registering any firearm.
(4) For the purposes of this subsection, "a violation or omission" that applies to multiple firearms shall constitute a single violation or omission if the violation or omission pertaining to each firearm arose from the same occurrence.
(5) The penalties prescribed in § 7-2507.06 shall not apply to a violation or omission of the duties and requirements imposed by this section.
D.C. Code § 7-2502.08
(a) It shall be unlawful for any person to knowingly discard, throw, or deposit any loaded or unloaded firearm or ammunition in a place other than the person's dwelling place, place of business, or on other land possessed by the person.
(b) Subsection (a) of this section shall not apply where a person:
(1) Throws, discards, or deposits any firearm or ammunition in a securely locked box or secured container;
(2) Is expressly directed by a law enforcement officer to throw, discard, or deposit any firearm or ammunition, and does so in the manner directed by the officer, and not while fleeing or attempting to elude any law enforcement officer;
(3) Throws, discards, or deposits any firearm or ammunition while participating in a lawful firearms training and safety class conducted by an arms instructor; or
(4) Who is a licensee, as that term is defined in section 901(5) of the Firearms Control Regulations Act of 1975, effective June 16, 2015 (D.C. Law 20-279, D.C. Official Code § 7-2509.01(5)), and is in compliance with the provisions of Title IX of the Firearms Control Regulations Act of 1975, effective June 16, 2015 (D.C. Law 20-279, D.C. Official Code § 7-2509.01et seq.).
(c) It shall be an affirmative defense, which shall be proven by a preponderance of the evidence, that the person threw, discarded, or deposited the firearm or ammunition while, in fact, voluntarily surrendering the item pursuant to section 705 of the Firearms Control Regulations Act of 1975, effective September 24, 1976 (D.C. Law 1-85, D.C. Official Code § 7-2507.05) or as expressly provided by District or federal law.
(d)
(1) Except as provided in paragraph (2) of this subsection, a person who violates this section shall be fined no more than the amount set forth in section 101 of the Criminal Fine Proportionality Amendment Act of 2012, effective June 11, 2013 (D.C. Law 19-317; D.C. Official Code § 22-3571.01), or incarcerated for no more than 5 years, or both.
(2) If the violation of this section occurs after a person has been convicted of a felony, either in the District of Columbia or another jurisdiction, the person shall be fined no more than the amount set forth in section 101 of the Criminal Fine Proportionality Amendment Act of 2012, effective June 11, 2013 (D.C. Law 19-317; D.C. Official Code § 22-3571.01), or incarcerated for no more than 10 years, or both.
D.C. Code § 22-4503.04
(1) "Acts of Congress" means:
(A) Chapter 45 of Title 22;
(B) Omnibus Crime Control and Safe Streets Act of 1968, as amended (title VII, Unlawful Possession or Receipt of Firearms (82 Stat. 1236; 18 U.S.C. Appendix)); and
(C) An Act to Amend Title 18, United States Code, To Provide for Better Control of the Interstate Traffic in Firearms Act of 1968 (82 Stat. 1213; 18 U.S.C. § 921 et seq.).
(2) "Ammunition" means cartridge cases, shells, projectiles (including shot), primers, bullets (including restricted pistol bullets), propellant powder, or other devices or materials designed, redesigned, or intended for use in a firearm or destructive device.
(3) "Antique firearm" means:
(A) Any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898; and
(B) Any replica of any firearm described in subparagraph (A) if such replica:
(i) Is not designed or redesigned for using rim-fire or conventional center-fire fixed ammunition; or
(ii) Uses rim-fire or conventional ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade.
(3A)
(A) "Assault weapon" means:
(i) The following semiautomatic firearms:
(I) All of the following specified rifles:
(aa) All AK series including, but not limited to, the models identified as follows:
(1) Made in China AK, AKM, AKS, AK47, AK47S, 56, 56S, 84S, and 86S;
(2) Norinco (all models);
(3) Poly Technologies (all models);
(4) MAADI AK47 and ARM; and
(5) Mitchell (all models).
(bb) UZI and Galil;
(cc) Beretta AR-70;
(dd) CETME Sporter;
(ee) Colt AR-15 series;
(ff) Daewoo K-1, K-2, Max 1, Max 2, AR 100, and AR110 C;
(gg) Fabrique Nationale FAL, LAR, FNC, 308 Match, and Sporter;
(hh) MAS 223.
(ii) HK-91, HK-93, HK-94, and HK-PSG-1;
(jj) The following MAC types:
(1) RPB Industries Inc. sM10 and sM11; and
(2) SWD Incorporated M11;
(kk) SKS with detachable magazine;
(ll) SIG AMT, PE-57, SG 550, and SG 551;
(mm) Springfield Armory BM59 and SAR-48;
(nn) Sterling MK-6;
(oo) Steyer AUG, Steyr AUG;
(pp) Valmet M62S, M71S, and M78S;
(qq) Armalite AR-180;
(rr) Bushmaster Assault Rifle;
(ss) Calico -900;
(tt) J& R ENG -68; and
(uu) Weaver Arms Nighthawk.
(II) All of the following specified pistols:
(aa) UZI;
(bb) Encom MP-9 and MP-45;
(cc) The following MAC types:
(1) RPB Industries Inc. sM10 and sM11;
(2) SWD Incorporated -11;
(3) Advance Armament Inc. -11; and
(4) Military Armament Corp. Ingram M-11;
(dd) Intratec TEC-9 and TEC-DC9;
(ee) Sites Spectre;
(ff) Sterling MK-7;
(gg) Calico M-950; and
(hh) Bushmaster Pistol.
(III) All of the following specified shotguns:
(aa) Franchi SPAS 12 and LAW 12; and
(bb) Striker 12. The Streetsweeper type S/S Inc. SS/12;
(IV) A semiautomatic, rifle that has the capacity to accept a detachable magazine and any one of the following:
(aa) A pistol grip that protrudes conspicuously beneath the action of the weapon;
(bb) A thumbhole stock;
(cc) A folding or telescoping stock;
(dd) A grenade launcher or flare launcher;
(ee) A flash suppressor; or
(ff) A forward pistol grip;
(V) A semiautomatic pistol that has the capacity to accept a detachable magazine and any one of the following:
(aa) A threaded barrel, capable of accepting a flash suppressor, forward handgrip, or silencer;
(bb) A second handgrip;
(cc) A shroud that is attached to, or partially or completely encircles, the barrel that allows the bearer to fire the weapon without burning his or her hand, except a slide that encloses the barrel; or
(dd) The capacity to accept a detachable magazine at some location outside of the pistol grip;
(VI) A semiautomatic shotgun that has one or more of the following:
(aa) A folding or telescoping stock;
(bb) A pistol grip that protrudes conspicuously beneath the action of the weapon;
(cc) A thumbhole stock; or
(dd) A vertical handgrip; and
(VII) A semiautomatic shotgun that has the ability to accept a detachable magazine; and
(VIII) All other models within a series that are variations, with minor differences, of those models listed in subparagraph (A) of this paragraph, regardless of the manufacturer;
(ii) Any shotgun with a revolving cylinder; provided, that this sub-subparagraph shall not apply to a weapon with an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition; and
(iii) Any firearm that the Chief may designate as an assault weapon by rule, based on a determination that the firearm would reasonably pose the same or similar danger to the health, safety, and security of the residents of the District as those weapons enumerated in this paragraph.
(B) The term "assault weapon" shall not include:
(i) Any antique firearm; or
(ii) Any of the following pistols, which are designed expressly for use in Olympic target shooting events, sanctioned by the International Olympic Committee and by USA Shooting, the national governing body for international shooting competition in the United States, and used for Olympic target shooting purposes:
MANUFACTURER MODEL CALIBER
BENELLI MP90 .22LR
BENELLI MP90 .32 S&W
LONG
BENELLI MP95 .22LR
BENELLI MP95 .32 S&W
LONG
HAMMERLI 280 .22LR
HAMMERLI 280 .32 S&W
LONG
HAMMERLI SP20 .22LR
HAMMERLI SP20 .32 S&W
LONG
PARDINI GPO .22
SHORT
PARDINI GP-SCHUMANN .22
SHORT
PARDINI HP .32 S&W
LONG
PARDINI MP .32 S&W
LONG
PARDINI SP .22LR
PARDINI SPE .22LR
WALTHER GSP .22LR
WALTHER GSP .32 S&W
LONG
WALTHER OSP .22
SHORT
WALTHER OSP-2000 .22
SHORT
(C) The Chief may exempt, by rule, new models of competitive pistols that would otherwise fall within the definition of "assault weapon" pursuant to this section from being classified as an assault weapon. The exemption of competitive pistols shall be based either on recommendations by USA Shooting consistent with the regulations contained in the USA Shooting Official Rules or on the recommendation or rules of any other organization that the Chief considers relevant.
(4) "Chief" means the Chief of Police of the Metropolitan Police Department of the District of Columbia or his designated agent.
(5) "Crime of violence" shall have the same meaning as provided in D.C. Official Code § 23-1331(4).
(6) "Dealer's license" means a license to buy or sell, repair, trade, or otherwise deal in firearms, destructive devices, or ammunition as provided for in subchapter IV of this unit.
(7) "Destructive device" means:
(A) An explosive, incendiary, or poison gas bomb, grenade, rocket, missile, mine, or similar device;
(B) Any device by whatever name known which will, or is designed or redesigned, or may be readily converted or restored to expel a projectile by the action of an explosive or other propellant through a smooth bore barrel, except a shotgun;
(C) Any device containing tear gas or a chemically similar lacrimator or sternutator by whatever name known;
(D) Repealed.
(E) Any combination of parts designed or intended for use in converting any device into any destructive device; or from which a destructive device may be readily assembled; provided, that the term shall not include:
(i) Any pneumatic, spring, or B-B gun which expels a single projectile not exceeding .18 inch in diameter;
(ii) Any device which is neither designed nor redesigned for use as a weapon;
(iii) Any device originally a weapon which has been redesigned for use as a signaling, line throwing, or safety device; or
(iv) Any device which the Chief finds is not likely to be used as a weapon.
(8) "District" means District of Columbia.
(8A) ".50 BMG rifle" means:
(A) A rifle capable of firing a center-fire cartridge in .50 BMG caliber, including a 12.7 mm equivalent of .50 BMG and any other metric equivalent; or
(B) A copy or duplicate of any rifle described in subparagraph (A) of this paragraph, or any other rifle developed and manufactured after January 6, 2009, regardless of caliber, if such rifle is capable of firing a projectile that attains a muzzle energy of 12,000 foot-pounds or greater in any combination of bullet, propellant, case, or primer.
(9) "Firearm" means any weapon, regardless of operability, which will, or is designed or redesigned, made or remade, readily converted, restored, or repaired, or is intended to, expel a projectile or projectiles by the action of an explosive; the frame or receiver of any such device; or any firearm muffler or silencer; provided, that such term shall not include:
(A) Antique firearms; or
(B) Destructive devices;
(C) Any device used exclusively for line throwing, signaling, or safety, and required or recommended by the Coast Guard or Interstate Commerce Commission;
(D) Any device used exclusively for firing explosive rivets, stud cartridges, or similar industrial ammunition and incapable for use as a weapon; or
(E) A stun gun.
(9A) "Firearms instructor" means an individual who is certified by the Chief to be qualified to teach firearms training and safety courses.
(9A-i)
(A) "Frame" or 'receiver" means a part of a firearm that when the complete weapon is assembled is visible from the exterior and provides the housing or structure designed to hold or integrate one or more fire control components, even if pins or other attachments are required to connect those components to the housing or structure.
(B) For tile purposes of this paragraph, the term "fire control component" means a component necessary for the firearm to initiate, complete, or continue the tiring sequence, and includes a hammer, bolt, bolt carrier, breechblock, cylinder, trigger mechanism, firing pin, striker, or slide rails.
(C)
(i) For a firearm model that has multiple parts that could be deemed a 'frame" or "receiver" under subparagraph (A) of this paragraph, the term "frame" or "receiver" shall not include "non-primary frames" or "non-primary receivers".
(ii) A part that would otherwise be deemed a "frame" or "receiver" under subparagraph (A) of this paragraph shall be deemed a "non-primary frame" or "non-primary receiver" if federal law:
(I) Does not require serialization of that part; and
(II) Requires serialization of another part that is a frame or receiver, as those terms are defined in this section.
(D)
(i) The term "frame" or "receiver" shall not include a frame or receiver that has been destroyed.
(ii) For the purposes of this subparagraph, a frame or receiver is destroyed if it has been permanently altered not to provide housing or a structure that may hold or integrate any fire control or essential internal component and may not readily be assembled, completed, converted, or restored to a functional state.
(9B)
(A) "Ghost gun" means any:
(i) Firearm that, after the removal of grips, stocks, and magazines, is not as detectable as the Security Exemplar by walk-through metal detectors calibrated and operated to detect the Security Exemplar;
(ii) Major component of a firearm that, when subjected to inspection by the types of detection devices commonly used at secure public buildings and transit stations, does not generate an image that accurately depicts the shape of the component; or
(iii) Firearm, including a frame or receiver, that lacks a unique serial number engraved or cast on it by a licensed manufacturer or importer in accordance with federal law, assigned by the agency of a State and permanently engraved or cast on the firearm, or otherwise placed on the firearm in compliance with section 202.
(B) The term "ghost gun" does not include any;
(i) Firearm that has been rendered permanently inoperable;
(ii) Firearm manufactured or imported before December 16,1968; or
(iii) Firearm identified as provided for under section 5842 of the Internal Revenue Code of 1986.
(C) For the purposes of subparagraph (A)(i) of this paragraph, the term "firearm" does not include the frame or receiver of any such weapon.
(D) For the purposes of subparagraph (A)(ii) of this paragraph, the term "major component" with respect to a firearm;
(i) Means the slide or cylinder or the frame or receiver of the firearm; and
(ii) In the case of a rifle or shotgun, includes the barrel of the firearm.
(9C) "Intrafamily offense" shall have the same meaning as provided in § 16-1001(8).
(10) "Machine gun" means any firearm which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger. The term "machine gun" shall also include the frame or receiver of any such firearm, any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a firearm into a machine gun, and any combination of parts from which a machine gun can be assembled if such parts are in the possession or under the control of a person.
(10A)
(A) "Manufacture" means to:
(i) Fabricate, make, form, produce, or construct, by manual labor or by machinery;
(ii) Assemble a functional firearm; or
(iii) Mold, machine, or 3D print a frame or receiver; and
(B) The term "manufacture" does not include making or fitting special barrels, stocks, or trigger mechanisms to firearms.
(11) "Organization" means any partnership, company, corporation, or other business entity, or any group or association of 2 or more persons united for a common purpose.
(11A) "Permanently inoperable" means incapable of discharging a shot by means of an explosive and incapable of being readily restored to a firing condition.
(12) "Pistol" means any firearm originally designed to be fired by use of a single hand or with a barrel less than 12 inches in length.
(12A) "Place of business" means a business that is located in an immovable structure at a fixed location and that is operated and owned entirely, or in substantial part, by the firearm registrant.
(12B)
(A) "Receiver" means a part of a firearm that, when the complete weapon is assembled, is visible from the exterior and provides the housing or structure designed to hold or integrate one or more fire control components, even if pins or other attachments are required to connect those components to the housing or structure. Any such part identified with a serial number shall be presumed, absent an official determination by the Bureau of Alcohol, Tobacco, Firearms, and Explosives or other reliable evidence to the contrary, to be a frame or receiver.
(B) For the purposes of this paragraph, the term "fire control component" means a component necessary for the firearm to initiate, complete, or continue the firing sequence, and includes a hammer, bolt, bolt carrier, breechblock, cylinder, trigger mechanism, firing pin, striker, or slide rails.
(C)
(i) The term "receiver" shall not include a receiver that has been destroyed.
(ii) For the purposes of this subparagraph, a receiver is destroyed if it has been permanently altered not to provide housing or a structure that may hold or integrate any fire control or essential internal component, and may not readily be assembled, completed, converted, or restored to a functional state.
(D) For the purposes of this act, the term "frame" is synonymous with the term "receiver".
(13) "Registration certificate" means a certificate validly issued pursuant to this unit evincing the registration of a firearm pursuant to this unit.
(13A)
(A) "Restricted pistol bullet" means:
(i) 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;
(ii) 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
(iii) Ammunition for a .50 BMG rifle.
(B) The term "restricted pistol bullet" does not include:
(i) Shotgun shot required by federal or state environmental or game regulations for hunting purposes;
(ii) A frangible projectile designed for target shooting;
(iii) A projectile which the Attorney General of the United States finds is primarily intended to be used for sporting purposes; or
(iv) Any other projectile or projectile core which the Attorney General of the United States finds is intended to be used for industrial purposes, including a charge used in an oil and gas well perforating device.
(14) "Rifle" means a grooved bore firearm using a fixed metallic cartridge with a single projectile and designed or redesigned, made or remade, and intended to be fired from the shoulder.
(15) "Sawed-off shotgun" means a shotgun having a barrel of less than 18 inches in length; or a firearm made from a shotgun if such firearm as modified has an overall length of less than 26 inches or any barrel of less than 18 inches in length.
(15A) "Security Exemplar" means an object, to be fabricated at the direction of the Mayor, that is:
(A) Constructed of 3.7 ounces of material type 17-4 PH stainless steel in a shape resembling a handgun; and
(B) Suitable for testing and calibrating metal detectors.
(16) "Shotgun" means a smooth bore firearm using a fixed shotgun shell with either a number of ball shot or a single projectile, and designed or redesigned, made or remade, and intended to be fired from the shoulder.
(17) "Short barreled rifle" means a rifle having any barrel less than 16 inches in length, or a firearm made from a rifle if such firearm as modified has an overall length of less than 26 inches or any barrel of less than 16 inches.
(17A) "Stun gun" means any device designed or redesigned, made or remade, or readily converted or restored, and used or intended to be used offensively or defensively to immobilize or incapacitate a person by the use of electric current or audible, optical, or electromagnetic pulse.
(17B) [Repealed by 2023 Amendment.]
(18) "Weapons offense" means any violation in any jurisdiction of any law which involves the sale, purchase, transfer in any manner, receipt, acquisition, possession, having under control, use, repair, manufacture, carrying, or transportation of any firearm, ammunition, or destructive device.
D.C. Code § 7-2501.01
(a) The executor or administrator of an estate containing a firearm shall notify the Chief of the death of the decedent within 30 days of his appointment or qualification, whichever is earlier.
(b) Until the lawful distribution of such firearm to an heir or legatee or the lawful sale, transfer, or disposition of the firearm by the estate, the executor or administrator of such estate shall be charged with the duties and obligations which would have been imposed by this unit upon the decedent, if the decedent were still alive; provided, that such executor or administrator shall not be liable to the criminal penalties of § 7-2507.06.
D.C. Code § 7-2503.01
Police Encounter Laws
Some states impose a legal duty upon permit holders that requires them to inform a police officer of the presence of a firearm whenever they have an official encounter, such as a traffic stop. These states are called “duty to inform” states. In these states you are required by law to immediately, and affirmatively, tell a police officer if you have a firearm in your possession.
In addition to “duty to inform states,” some states have “quasi duty to inform” laws. These laws generally require that a permit holder have his/her permit in their possession and surrender it upon the request of an officer. The specific requirements of these laws will vary from state to state.
The final category of states is classified as “no duty to inform” states. In these states there are no laws that require a gun owner to affirmatively inform an officer if they have a firearm. Additionally, there are also generally no laws that require you to respond or provide a permit if asked about the presence of a firearm.
(a) A licensee shall comply with all limits and conditions of the license.
(b) A licensee shall notify the Chief in writing:
(1) Immediately upon discovery of the loss, theft, or destruction of the license and include the circumstances of the loss, theft, or destruction, if known; and
(2) Within 30 days after a change in the licensee's name or address as it appears on the license.
(c) A licensee shall have on or about his or her person each time the pistol is carried in the District:
(1) The license; and
(2) The registration certificate for the pistol being carried, issued pursuant to this unit.
(d) If a law enforcement officer initiates an investigative stop of a licensee carrying a concealed pistol pursuant to § 22-4506, the licensee, and any other licensee carrying a concealed pistol pursuant to § 22-4506 who is with the stopped licensee at the time of the investigative stop, shall:
(1) Disclose to the officer that he or she is carrying a concealed pistol;
(2) Present the license and registration certificate;
(3) Identify the location of the concealed pistol; and
(4) Comply with all lawful orders and directions from the officer, including allowing a pat down of his or her person and permitting the law enforcement officer to take possession of the pistol for so long as is necessary for the safety of the officer or the public.
(e) The duties set forth in this section are in addition to any other requirements imposed by this unit or applicable law.
(f) In addition to any other penalty provided by law, a person who violates this section shall be subject to revocation of his or her license.
D.C. Code § 7-2509.04
(a) As used in this section, the term "dangerous article" means:
(1) Any weapon such as a pistol, machine gun, sawed-off shotgun, blackjack, slingshot, sandbag, or metal knuckles; or
(2) Any instrument, attachment, or appliance for causing the firing of any firearms to be silent or intended to lessen or muffle the noise of the firing of any firearms.
(b) A dangerous article unlawfully owned, possessed, or carried is hereby declared to be a nuisance.
(c) When a police officer, in the course of a lawful arrest or lawful search, or when a designated civilian employee of the Metropolitan Police Department in the course of a lawful search, discovers a dangerous article which the officer reasonably believes is a nuisance under subsection (b) of this section the officer shall take it into his or her possession and surrender it to the Property Clerk of the Metropolitan Police Department.
(d)
(1) Within 30 days after the date of such surrender, any person may file in the office of the Property Clerk of the Metropolitan Police Department a written claim for possession of such dangerous article. Upon the expiration of such period, the Property Clerk shall notify each such claimant, by registered mail addressed to the address shown on the claim, of the time and place of a hearing to determine which claimant, if any, is entitled to possession of such dangerous article. Such hearing shall be held within 60 days after the date of such surrender.
(2) At the hearing the Property Clerk shall hear and receive evidence with respect to the claims filed under paragraph (1) of this subsection. Thereafter he or she shall determine which claimant, if any, is entitled to possession of such dangerous article and shall reduce his or her decision to writing. The Property Clerk shall send a true copy of such written decision to each claimant by registered mail addressed to the last known address of such claimant.
(3) Any claimant may, within 30 days after the day on which the copy of such decision was mailed to such claimant, file an appeal in the Superior Court of the District of Columbia. If the claimant files an appeal, he or she shall at the same time give written notice thereof to the Property Clerk. If the decision of the Property Clerk is so appealed, the Property Clerk shall not dispose of the dangerous article while such appeal is pending and, if the final judgment is entered by such court, he or she shall dispose of such dangerous article in accordance with the judgment of such court. The Superior Court of the District of Columbia is authorized to determine which claimant, if any, is entitled to possession of the dangerous article and to enter a judgment ordering a disposition of such dangerous article consistent with subsection (f) of this section.
(4) If there is no such appeal, or if such appeal is dismissed or withdrawn, the Property Clerk shall dispose of such dangerous article in accordance with subsection (f) of this section.
(5) The Property Clerk shall make no disposition of a dangerous article under this section, whether in accordance with his or her own decision or in accordance with the judgment of the Superior Court of the District of Columbia, until the United States Attorney for the District of Columbia certifies to the Property Clerk that such dangerous article will not be needed as evidence.
(e) A person claiming a dangerous article shall be entitled to its possession only if:
(1) such person shows, on satisfactory evidence, that such person is the owner of the dangerous article or is the accredited representative of the owner, and that the ownership is lawful;
(2) such person shows on satisfactory evidence that at the time the dangerous article was taken into possession by a police officer or a designated civilian employee of the Metropolitan Police Department, it was not unlawfully owned and was not unlawfully possessed or carried by the claimant or with his or her knowledge or consent; and
(3) the receipt of possession by the claimant does not cause the article to be a nuisance. A representative is accredited if such person has a power of attorney from the owner.
(f) If a person claiming a dangerous article is entitled to its possession as determined under subsections (d) and (e) of this section, possession of such dangerous article shall be given to such person. If no person so claiming is entitled to its possession as determined under subsections (d) and (e) of this section, or if there be no claimant, such dangerous article shall be destroyed. In lieu of such destruction, any such serviceable dangerous article may, upon order of the Mayor of the District of Columbia, be transferred to and used by any federal or District Government law-enforcing agency, and the agency receiving same shall establish property responsibility and records of these dangerous articles.
(g) The Property Clerk shall not be liable in damages for any action performed in good faith under this section.
D.C. Code § 22-4517
Red Flag or Emergency Risk Orders
Emergency Risk Orders (or "Red Flag Laws") enable rapid legal action when someone is believed to be at significant risk of harming themselves or others with a firearm. Generally speaking, these controversial laws allow law enforcement to seek a court order to temporarily confiscate firearms from the individual and prevent them from purchasing new ones while the order is in effect. The most robust laws also permit family members and others to file petitions.
means an order issued, pursuant to this subchapter, by a judge of the Superior Court of the District of Columbia prohibiting a respondent from having possession or control of, purchasing, or receiving any firearm, ammunition, registration certificate, license to carry a concealed pistol, or dealer's license.
D.C. Code § 7-2510.01(1)
(a) A petitioner may petition the Superior Court for the District of Columbia for a final extreme risk protection order. A petition filed under this section shall:
(1) Be in writing;
(2) State facts in support of the claim that the respondent poses a significant danger of causing bodily injury to self or others by having possession or control of, purchasing, or receiving any firearm or ammunition;
(3) To the best of the petitioner's knowledge, identify the number, types, and locations of any firearms or ammunition the petitioner believes to be in the respondent's possession, control, or ownership; and
(4) [Repealed by 2021 Amendment.]
(5) Be served on the Office of the Attorney General.
(b) A petitioner may file a petition under this section regardless of whether there is any other pending suit, complaint, petition, or other action between the parties.
(c)
(1) The Office of the Attorney General may:
(A) Intervene in the case and represent the interests of the District of Columbia; or
(B) At the request of the petitioner, provide individual legal representation to the petitioner in proceedings under this title.
(2) If the Office of the Attorney General intervenes in a case under paragraph (1)(A) of this subsection, the intervention shall continue until:
(A) The court denies the petition for a final extreme risk protection order pursuant to section 1003;
(B) The court terminates a final extreme risk protection order pursuant to section 1008; or
(C) The Office of the Attorney General withdraws from the intervention.
(d) The court may place any record or part of a proceeding related to the issuance, renewal, or termination of an extreme risk protection order under seal for good cause shown.
(e) When computing a time period specified in this title, or in an order issued under this title:
(1) Stated in days or a longer unit of time:
(A) Exclude the day of the event that triggers the time period;
(B) Count every day, including intermediate Saturdays, Sundays and legal holidays; and
(C) Include the last day of the time period, but if the last day of the time period specified falls on a Saturday, Sunday, a legal holiday, or a day on which weather or other conditions cause the court to be closed, the time period specified shall continue to run until the end of the next day that is not a Saturday, Sunday, legal holiday, or a day on which weather or other conditions cause the court to be closed.
(2) Stated in hours:
(A) Begin counting immediately on the occurrence of the event that triggers the time period;
(B) Count every hour, including hours during intermediate Saturdays, Sundays, and legal holidays; and
(C) If the time period would end on a Saturday, Sunday, legal holiday, or a day on which weather or other conditions cause the court to be closed, the time period shall continue to run until the same time on the next day that is not a Saturday, Sunday, legal holiday, or a day on which weather or other conditions cause the court to be closed.
D.C. Code § 7-2510.02
(a) [Repealed by 2021 Amendment.]
(b) A Metropolitan Police Department officer serving an extreme risk protection order shall:
(1) Request that all firearms, ammunition, registration certificates, licenses to carry a concealed pistol, and dealer's licenses be immediately surrendered; and
(2) Take possession of all firearms, ammunition, registration certificates, licenses to carry a concealed pistol, and dealer's licenses in the respondent's possession, control, or ownership that are surrendered or discovered pursuant to a lawful search.
(c)
(1) At the time of surrender or removal, the Metropolitan Police Department officer taking possession of a firearm, ammunition, registration certificate, license to carry a concealed pistol, or dealer's license pursuant to an extreme risk protection order shall make a record identifying all firearms, ammunition, registration certificates, licenses to carry a concealed pistol, and dealer's licenses that have been surrendered or removed and provide a receipt to the respondent.
(2) Within 72 hours after serving an extreme risk protection order, the officer shall file a copy of the receipt provided to the respondent pursuant to paragraph (1) of this subsection with the court and the Chief of Police.
(d) If a person other than the respondent claims title to any firearm or ammunition surrendered or removed pursuant to this section, and he or she is determined by the Metropolitan Police Department to be the lawful owner of the firearm or ammunition, the firearm or ammunition shall be returned to him or her; provided, that the firearm or ammunition is removed from the respondent's possession or control, and the lawful owner agrees to store the firearm or ammunition in a manner such that the respondent does not have possession or control of the firearm or ammunition.
(e) The Metropolitan Police Department may charge the respondent a fee not to exceed the actual costs incurred by the Metropolitan Police Department for storing any firearms or ammunition surrendered or removed pursuant to this section for the duration of the extreme risk protection order, including a renewal of the extreme risk protection order, and up to 6 months after the date the order expires or is terminated.
(f)
(1) If a respondent peaceably surrenders any firearms or ammunition pursuant to this section, such surrender shall preclude the arrest and prosecution of the respondent for violating, with respect to the firearms or ammunition surrendered:
(A) Section 7-2506.01; and
(B) Sections 22-4503 and 22-4504(a) and (a-1).
(2) The surrender of any firearm or ammunition pursuant to this section shall not constitute a voluntary surrender for the purposes of § 7-2507.05.
D.C. Code § 7-2510.07
Use of Force in Defense of Person
The legal use of force, including deadly force, is regulated by state law. There are no federal laws that dictate when you can use force in self-defense in all states. As such, it is essential to become familiar with individual state laws.
[Insert state law]
Use of Force in Defense of Others
Defense of third party laws allow an individual to use force, including deadly force, to protect another person from harm. These laws generally permit intervention if the third party would have had the right to use force in their own self-defense under the same circumstances. The exact application of these laws will vary by jurisdiction, so it is important to understand the framework of each individual state.
[Insert state law if applicable]
OR
[State] does not have a law specific to the defense of others, but does allow for the defense of a third person in its defense-of-person law.
Use of Force in Defense of Habitation
The term "castle doctrine" comes from English common law providing that one's abode is a special area in which one enjoys certain protections and immunities, from which one is not obligated to retreat before defending oneself against attack, and in which one may do so without fear of prosecution.
Many states have instituted castle doctrine laws, with varying degrees of formality. Some states have statutorily enacted castle doctrine laws, some have judicially-created protections (called “common laws”), while others have no amplified protections in the home at all.
[Insert state law]
Use of Force in Defense of Property
Generally speaking, the use of deadly force is limited to circumstances that reasonably present an imminent threat of serious bodily injury or death of a human being. As such, using deadly force in defense of mere personal property is almost categorically prohibited. Although most states will allow the use of some amount of force (i.e. physically restraining someone until the police arrive), the use or threatened use of deadly force in defense of mere property is generally not permitted.
[Insert state law if applicable]
OR
[State] law does not specifically address the issue of defense of property.
Self-Defense Immunity
To address the risk that those acting in lawful self-defense might be sued by their attacker, some states have implemented protective measures in the form of civil immunity statutes. These statutes serve to shield victims from certain civil lawsuits. If a state has a civil immunity statute in place, you generally enjoy protection from being sued by your attacker or attacker’s family as long as your use of force is deemed to be criminally justified. This legal framework provides a layer of protection for individuals who, in the course of defending themselves, might otherwise be subjected to additional legal challenges in the form of civil lawsuits.
[Insert state law in shadowbox]
OR
[State] does not have any laws specifically related to self-defense immunity.
Duty to Retreat
A duty to retreat is an obligation to flee that is imposed upon a civilian who is under attack. If applicable, it applies to the victim of unlawful force prior to their ability to use deadly force to defend him or herself. The duty to retreat makes self-defense unavailable to those who use deadly force when they could have retreated from the confrontation safely. The alternative to duty-to-retreat laws is no-duty-to-retreat laws or stand-your-ground laws as they’re commonly called. Stand-your-ground states impose no duty to flee upon victims and instead state that one can stand their ground and meet force with force, under certain situations.
[Insert state law in shadowbox]
Use of Force Considerations
(a)Except as otherwise permitted by law, including legitimate self-defense, no firearm shall be discharged or set off in the District of Columbia without a special written permit from the Chief of Police issued pursuant to Section 1 of Article 9 of the Police Regulations of the District of Columbia, effective September 29, 1964 (C.O. 64-1397F; 24 DCMR § 2300.1) [CDCR 24-2300.1].
(b) A person who violates this section shall upon conviction be fined no more than the amount set forth in section 101 of the Criminal Fine Proportionality Amendment Act of 2012, effective June 11, 2013 (D.C. Law 19-317; D.C. Official Code § 22-3571.01), or incarcerated for no more than 2 years, or both.
D.C. Code § 22-4503.01
(a) A person commits endangerment with a firearm when the person:
(1) Knowingly discharges a projectile from a firearm outside a licensed firing range; and
(2) Either:
(A) The person knows that the discharged projectile creates a substantial risk of death or bodily injury to another person; or
(B) In fact:
(i) The person is in, or the discharged projectile travels through or stops in, a location that is:
(I) Open to the general public at the time of the offense;
(II) A communal area of multi-unit housing; or
(III) Inside a public conveyance or a rail station; and
(ii) The person does not have permission to discharge a projectile from a firearm under:
(I) A written permit issued by the Metropolitan Police Department; or
(II) Other District or federal law.
(b) Except as provided in subsection (c) of this section, whoever violates this section shall upon conviction be fined no more than the amount set forth in section 101 of the Criminal Fine Proportionality Amendment Act of 2012, effective June 11, 2013 (D.C. Law 19-317; D.C. Official Code § 22-3571.01), or incarcerated for no more than 5 years, or both.
(c) Whoever violates this section shall upon conviction be fined no more than the amount set forth in section 101 of the Criminal Fine Proportionality Amendment Act of 2012, effective June 11, 2013 (D.C. Law 19-317; D.C. Official Code § 22-3571.01), or incarcerated for no more than 10 years, or both, if:
(1) The violation of this section occurs after a person has been convicted of a felony, either in the District of Columbia or another jurisdiction; or
(2) Five or more projectiles are discharged from a firearm within a single course of conduct.
(d) When arising from the same act or course of conduct, a conviction for an offense under this section shall merge with a conviction:
(1) Under section 3a; or
(2) For another offense outside of this act that has, as an element in the offense definition or in the applicable penalty enhancement, possessing or having readily available a firearm, imitation firearm, or dangerous weapon.
(e) No mental state shall be required as to any element under subsection (a)(2)(B) of this section.
(f) It shall be a defense to liability under this section that the person discharged a firearm under circumstances constituting lawful self-defense or defense of others.
D.C. Code § 22-4503.03
Special Notes
(1) "Acts of Congress" means:
(A) Chapter 45 of Title 22;
(B) Omnibus Crime Control and Safe Streets Act of 1968, as amended (title VII, Unlawful Possession or Receipt of Firearms (82 Stat. 1236; 18 U.S.C. Appendix)); and
(C) An Act to Amend Title 18, United States Code, To Provide for Better Control of the Interstate Traffic in Firearms Act of 1968 (82 Stat. 1213; 18 U.S.C. § 921 et seq.).
(2) "Ammunition" means cartridge cases, shells, projectiles (including shot), primers, bullets (including restricted pistol bullets), propellant powder, or other devices or materials designed, redesigned, or intended for use in a firearm or destructive device.
(3) "Antique firearm" means:
(A) Any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898; and
(B) Any replica of any firearm described in subparagraph (A) if such replica:
(i) Is not designed or redesigned for using rim-fire or conventional center-fire fixed ammunition; or
(ii) Uses rim-fire or conventional ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade.
(3A)
(A) "Assault weapon" means:
(i) The following semiautomatic firearms:
(I) All of the following specified rifles:
(aa) All AK series including, but not limited to, the models identified as follows:
(1) Made in China AK, AKM, AKS, AK47, AK47S, 56, 56S, 84S, and 86S;
(2) Norinco (all models);
(3) Poly Technologies (all models);
(4) MAADI AK47 and ARM; and
(5) Mitchell (all models).
(bb) UZI and Galil;
(cc) Beretta AR-70;
(dd) CETME Sporter;
(ee) Colt AR-15 series;
(ff) Daewoo K-1, K-2, Max 1, Max 2, AR 100, and AR110 C;
(gg) Fabrique Nationale FAL, LAR, FNC, 308 Match, and Sporter;
(hh) MAS 223.
(ii) HK-91, HK-93, HK-94, and HK-PSG-1;
(jj) The following MAC types:
(1) RPB Industries Inc. sM10 and sM11; and
(2) SWD Incorporated M11;
(kk) SKS with detachable magazine;
(ll) SIG AMT, PE-57, SG 550, and SG 551;
(mm) Springfield Armory BM59 and SAR-48;
(nn) Sterling MK-6;
(oo) Steyer AUG, Steyr AUG;
(pp) Valmet M62S, M71S, and M78S;
(qq) Armalite AR-180;
(rr) Bushmaster Assault Rifle;
(ss) Calico -900;
(tt) J& R ENG -68; and
(uu) Weaver Arms Nighthawk.
(II) All of the following specified pistols:
(aa) UZI;
(bb) Encom MP-9 and MP-45;
(cc) The following MAC types:
(1) RPB Industries Inc. sM10 and sM11;
(2) SWD Incorporated -11;
(3) Advance Armament Inc. -11; and
(4) Military Armament Corp. Ingram M-11;
(dd) Intratec TEC-9 and TEC-DC9;
(ee) Sites Spectre;
(ff) Sterling MK-7;
(gg) Calico M-950; and
(hh) Bushmaster Pistol.
(III) All of the following specified shotguns:
(aa) Franchi SPAS 12 and LAW 12; and
(bb) Striker 12. The Streetsweeper type S/S Inc. SS/12;
(IV) A semiautomatic, rifle that has the capacity to accept a detachable magazine and any one of the following:
(aa) A pistol grip that protrudes conspicuously beneath the action of the weapon;
(bb) A thumbhole stock;
(cc) A folding or telescoping stock;
(dd) A grenade launcher or flare launcher;
(ee) A flash suppressor; or
(ff) A forward pistol grip;
(V) A semiautomatic pistol that has the capacity to accept a detachable magazine and any one of the following:
(aa) A threaded barrel, capable of accepting a flash suppressor, forward handgrip, or silencer;
(bb) A second handgrip;
(cc) A shroud that is attached to, or partially or completely encircles, the barrel that allows the bearer to fire the weapon without burning his or her hand, except a slide that encloses the barrel; or
(dd) The capacity to accept a detachable magazine at some location outside of the pistol grip;
(VI) A semiautomatic shotgun that has one or more of the following:
(aa) A folding or telescoping stock;
(bb) A pistol grip that protrudes conspicuously beneath the action of the weapon;
(cc) A thumbhole stock; or
(dd) A vertical handgrip; and
(VII) A semiautomatic shotgun that has the ability to accept a detachable magazine; and
(VIII) All other models within a series that are variations, with minor differences, of those models listed in subparagraph (A) of this paragraph, regardless of the manufacturer;
(ii) Any shotgun with a revolving cylinder; provided, that this sub-subparagraph shall not apply to a weapon with an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition; and
(iii) Any firearm that the Chief may designate as an assault weapon by rule, based on a determination that the firearm would reasonably pose the same or similar danger to the health, safety, and security of the residents of the District as those weapons enumerated in this paragraph.
(B) The term "assault weapon" shall not include:
(i) Any antique firearm; or
(ii) Any of the following pistols, which are designed expressly for use in Olympic target shooting events, sanctioned by the International Olympic Committee and by USA Shooting, the national governing body for international shooting competition in the United States, and used for Olympic target shooting purposes:
MANUFACTURER MODEL CALIBER
BENELLI MP90 .22LR
BENELLI MP90 .32 S&W
LONG
BENELLI MP95 .22LR
BENELLI MP95 .32 S&W
LONG
HAMMERLI 280 .22LR
HAMMERLI 280 .32 S&W
LONG
HAMMERLI SP20 .22LR
HAMMERLI SP20 .32 S&W
LONG
PARDINI GPO .22
SHORT
PARDINI GP-SCHUMANN .22
SHORT
PARDINI HP .32 S&W
LONG
PARDINI MP .32 S&W
LONG
PARDINI SP .22LR
PARDINI SPE .22LR
WALTHER GSP .22LR
WALTHER GSP .32 S&W
LONG
WALTHER OSP .22
SHORT
WALTHER OSP-2000 .22
SHORT
(C) The Chief may exempt, by rule, new models of competitive pistols that would otherwise fall within the definition of "assault weapon" pursuant to this section from being classified as an assault weapon. The exemption of competitive pistols shall be based either on recommendations by USA Shooting consistent with the regulations contained in the USA Shooting Official Rules or on the recommendation or rules of any other organization that the Chief considers relevant.
(4) "Chief" means the Chief of Police of the Metropolitan Police Department of the District of Columbia or his designated agent.
(5) "Crime of violence" shall have the same meaning as provided in D.C. Official Code § 23-1331(4).
(6) "Dealer's license" means a license to buy or sell, repair, trade, or otherwise deal in firearms, destructive devices, or ammunition as provided for in subchapter IV of this unit.
(7) "Destructive device" means:
(A) An explosive, incendiary, or poison gas bomb, grenade, rocket, missile, mine, or similar device;
(B) Any device by whatever name known which will, or is designed or redesigned, or may be readily converted or restored to expel a projectile by the action of an explosive or other propellant through a smooth bore barrel, except a shotgun;
(C) Any device containing tear gas or a chemically similar lacrimator or sternutator by whatever name known;
(D) Repealed.
(E) Any combination of parts designed or intended for use in converting any device into any destructive device; or from which a destructive device may be readily assembled; provided, that the term shall not include:
(i) Any pneumatic, spring, or B-B gun which expels a single projectile not exceeding .18 inch in diameter;
(ii) Any device which is neither designed nor redesigned for use as a weapon;
(iii) Any device originally a weapon which has been redesigned for use as a signaling, line throwing, or safety device; or
(iv) Any device which the Chief finds is not likely to be used as a weapon.
(8) "District" means District of Columbia.
(8A) ".50 BMG rifle" means:
(A) A rifle capable of firing a center-fire cartridge in .50 BMG caliber, including a 12.7 mm equivalent of .50 BMG and any other metric equivalent; or
(B) A copy or duplicate of any rifle described in subparagraph (A) of this paragraph, or any other rifle developed and manufactured after January 6, 2009, regardless of caliber, if such rifle is capable of firing a projectile that attains a muzzle energy of 12,000 foot-pounds or greater in any combination of bullet, propellant, case, or primer.
(9) "Firearm" means any weapon, regardless of operability, which will, or is designed or redesigned, made or remade, readily converted, restored, or repaired, or is intended to, expel a projectile or projectiles by the action of an explosive; the frame or receiver of any such device; or any firearm muffler or silencer; provided, that such term shall not include:
(A) Antique firearms; or
(B) Destructive devices;
(C) Any device used exclusively for line throwing, signaling, or safety, and required or recommended by the Coast Guard or Interstate Commerce Commission;
(D) Any device used exclusively for firing explosive rivets, stud cartridges, or similar industrial ammunition and incapable for use as a weapon; or
(E) A stun gun.
(9A) "Firearms instructor" means an individual who is certified by the Chief to be qualified to teach firearms training and safety courses.
(9A-i)
(A) "Frame" or 'receiver" means a part of a firearm that when the complete weapon is assembled is visible from the exterior and provides the housing or structure designed to hold or integrate one or more fire control components, even if pins or other attachments are required to connect those components to the housing or structure.
(B) For tile purposes of this paragraph, the term "fire control component" means a component necessary for the firearm to initiate, complete, or continue the tiring sequence, and includes a hammer, bolt, bolt carrier, breechblock, cylinder, trigger mechanism, firing pin, striker, or slide rails.
(C)
(i) For a firearm model that has multiple parts that could be deemed a 'frame" or "receiver" under subparagraph (A) of this paragraph, the term "frame" or "receiver" shall not include "non-primary frames" or "non-primary receivers".
(ii) A part that would otherwise be deemed a "frame" or "receiver" under subparagraph (A) of this paragraph shall be deemed a "non-primary frame" or "non-primary receiver" if federal law:
(I) Does not require serialization of that part; and
(II) Requires serialization of another part that is a frame or receiver, as those terms are defined in this section.
(D)
(i) The term "frame" or "receiver" shall not include a frame or receiver that has been destroyed.
(ii) For the purposes of this subparagraph, a frame or receiver is destroyed if it has been permanently altered not to provide housing or a structure that may hold or integrate any fire control or essential internal component and may not readily be assembled, completed, converted, or restored to a functional state.
(9B)
(A) "Ghost gun" means any:
(i) Firearm that, after the removal of grips, stocks, and magazines, is not as detectable as the Security Exemplar by walk-through metal detectors calibrated and operated to detect the Security Exemplar;
(ii) Major component of a firearm that, when subjected to inspection by the types of detection devices commonly used at secure public buildings and transit stations, does not generate an image that accurately depicts the shape of the component; or
(iii) Firearm, including a frame or receiver, that lacks a unique serial number engraved or cast on it by a licensed manufacturer or importer in accordance with federal law, assigned by the agency of a State and permanently engraved or cast on the firearm, or otherwise placed on the firearm in compliance with section 202.
(B) The term "ghost gun" does not include any;
(i) Firearm that has been rendered permanently inoperable;
(ii) Firearm manufactured or imported before December 16,1968; or
(iii) Firearm identified as provided for under section 5842 of the Internal Revenue Code of 1986.
(C) For the purposes of subparagraph (A)(i) of this paragraph, the term "firearm" does not include the frame or receiver of any such weapon.
(D) For the purposes of subparagraph (A)(ii) of this paragraph, the term "major component" with respect to a firearm;
(i) Means the slide or cylinder or the frame or receiver of the firearm; and
(ii) In the case of a rifle or shotgun, includes the barrel of the firearm.
(9C) "Intrafamily offense" shall have the same meaning as provided in § 16-1001(8).
(10) "Machine gun" means any firearm which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger. The term "machine gun" shall also include the frame or receiver of any such firearm, any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a firearm into a machine gun, and any combination of parts from which a machine gun can be assembled if such parts are in the possession or under the control of a person.
(10A)
(A) "Manufacture" means to:
(i) Fabricate, make, form, produce, or construct, by manual labor or by machinery;
(ii) Assemble a functional firearm; or
(iii) Mold, machine, or 3D print a frame or receiver; and
(B) The term "manufacture" does not include making or fitting special barrels, stocks, or trigger mechanisms to firearms.
(11) "Organization" means any partnership, company, corporation, or other business entity, or any group or association of 2 or more persons united for a common purpose.
(11A) "Permanently inoperable" means incapable of discharging a shot by means of an explosive and incapable of being readily restored to a firing condition.
(12) "Pistol" means any firearm originally designed to be fired by use of a single hand or with a barrel less than 12 inches in length.
(12A) "Place of business" means a business that is located in an immovable structure at a fixed location and that is operated and owned entirely, or in substantial part, by the firearm registrant.
(12B)
(A) "Receiver" means a part of a firearm that, when the complete weapon is assembled, is visible from the exterior and provides the housing or structure designed to hold or integrate one or more fire control components, even if pins or other attachments are required to connect those components to the housing or structure. Any such part identified with a serial number shall be presumed, absent an official determination by the Bureau of Alcohol, Tobacco, Firearms, and Explosives or other reliable evidence to the contrary, to be a frame or receiver.
(B) For the purposes of this paragraph, the term "fire control component" means a component necessary for the firearm to initiate, complete, or continue the firing sequence, and includes a hammer, bolt, bolt carrier, breechblock, cylinder, trigger mechanism, firing pin, striker, or slide rails.
(C)
(i) The term "receiver" shall not include a receiver that has been destroyed.
(ii) For the purposes of this subparagraph, a receiver is destroyed if it has been permanently altered not to provide housing or a structure that may hold or integrate any fire control or essential internal component, and may not readily be assembled, completed, converted, or restored to a functional state.
(D) For the purposes of this act, the term "frame" is synonymous with the term "receiver".
(13) "Registration certificate" means a certificate validly issued pursuant to this unit evincing the registration of a firearm pursuant to this unit.
(13A)
(A) "Restricted pistol bullet" means:
(i) 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;
(ii) 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
(iii) Ammunition for a .50 BMG rifle.
(B) The term "restricted pistol bullet" does not include:
(i) Shotgun shot required by federal or state environmental or game regulations for hunting purposes;
(ii) A frangible projectile designed for target shooting;
(iii) A projectile which the Attorney General of the United States finds is primarily intended to be used for sporting purposes; or
(iv) Any other projectile or projectile core which the Attorney General of the United States finds is intended to be used for industrial purposes, including a charge used in an oil and gas well perforating device.
(14) "Rifle" means a grooved bore firearm using a fixed metallic cartridge with a single projectile and designed or redesigned, made or remade, and intended to be fired from the shoulder.
(15) "Sawed-off shotgun" means a shotgun having a barrel of less than 18 inches in length; or a firearm made from a shotgun if such firearm as modified has an overall length of less than 26 inches or any barrel of less than 18 inches in length.
(15A) "Security Exemplar" means an object, to be fabricated at the direction of the Mayor, that is:
(A) Constructed of 3.7 ounces of material type 17-4 PH stainless steel in a shape resembling a handgun; and
(B) Suitable for testing and calibrating metal detectors.
(16) "Shotgun" means a smooth bore firearm using a fixed shotgun shell with either a number of ball shot or a single projectile, and designed or redesigned, made or remade, and intended to be fired from the shoulder.
(17) "Short barreled rifle" means a rifle having any barrel less than 16 inches in length, or a firearm made from a rifle if such firearm as modified has an overall length of less than 26 inches or any barrel of less than 16 inches.
(17A) "Stun gun" means any device designed or redesigned, made or remade, or readily converted or restored, and used or intended to be used offensively or defensively to immobilize or incapacitate a person by the use of electric current or audible, optical, or electromagnetic pulse.
(17B) [Repealed by 2023 Amendment.]
(18) "Weapons offense" means any violation in any jurisdiction of any law which involves the sale, purchase, transfer in any manner, receipt, acquisition, possession, having under control, use, repair, manufacture, carrying, or transportation of any firearm, ammunition, or destructive device.
D.C. Code § 7-2501.01
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