Firearms/Weapons

There are a number of firearm/weapons charges in Washington, DC, and a defendant will typically be charged with some combination.  For example, if the defendant is accused of assault with a deadly weapon, he or she could also be charged with carrying a pistol without a license, possession of weapon during commission of crime of violence, possession of an unregistered firearm, and unlawful possession of ammunition.  Defense strategies are similar to those employed in drug and DUI cases:  the best way to succeed is to prevent, through some type of pre-trial motion, the prosecution from introducing the evidence at trial.

Offenses

Unlawful Possession of Firearm:  According to the D.C. Criminal Code, it is illegal to own or possess a firearm in the District of Columbia if the person:  (1) is a drug addict, (2) has ever been convicted of a felony, either in D.C or anywhere else in the United States, (3) has ever been convicted of a firearms charge, or (4) has ever been convicted of certain misdemeanor charges (e.g., prostitution or vagrancy).  This is the offense typically referred to as Felon in Possession of a Firearm.  It is also illegal for a third party to provide a firearm to a person the third party knows is not otherwise eligible to possess the firearm.  The penalty for violating either provision is a mandatory minimum term of 1 year imprisonment that cannot be suspended and a maximum of 10 years.  D.C. Criminal Code 22-4503.

Carrying a Pistol Without a License (CPWL): It is illegal to carry a pistol without a license or any deadly or dangerous weapon that is capable of being concealed anywhere in D.C.  If the possession is outside the person’s “dwelling place,” business place, or property, the crime is a felony and is subject to a maximum $5,000 fine and/or 5 year imprisonment.  Otherwise, it is a misdemeanor subject to a $1000 fine and a maximum 1 year sentence.  While this is the current statute, the misdemeanor charge of illegal possession within a person’s home was challenged in the U.S. Supreme Court case of District of Columbia v. Heller, 128 S. Ct. 2783 (2008) as violating the Second Amendment.  D.C. Criminal Code 22-4504(a).

Possession of Firearm During Crime of Violence (PFCV): It is illegal to possess a firearm or imitation firearm during a crime of violence.  The penalty is a mandatory minimum sentence of 5 years without probation or parole and a maximum of 15 years.  D.C. Criminal Code 22-4504(b).

Assault with Dangerous Weapon (ADW): Assault is a crime.  If the assault is combined with an intent to commit mayhem (malicious maiming of a person or violent destruction of property) or if the assault is committed with a dangerous weapon, the person can be sentenced to up to 10 years.  D.C. Criminal Code 22-402.

Possession of Unregistered Firearm (UF): It is illegal to possess or sell a firearm in the Washington, DC without a valid registration certificate.  The penalty for violating this section is a maximum fine of $1000 and/or a maximum of one year imprisonment.  It is a valid defense that the person temporarily possessed the firearm to prevent imminent death or great bodily harm to someone.  D.C. Criminal Code 7-2502.01

Unlawful Possession of Ammunition (UA): It is illegal to possess ammunition in the District of Columbia unless the person is:  (1) a licensed dealer, (2) a federal or city law enforcement officer acting within scope of duties, or (3) holder of a  valid registration certificate of same gauge and caliber as ammunition in possession.  It is also illegal to possess, sell or transfer any “large capacity ammunition feeding device.”  A person guilty of this charge can be sentenced to a maximum fine of $1000 and/or up to a year imprisonment.  D.C. Criminal Code 7-2506.01.

Unlawful Discharge of Firearm: It is illegal to discharge a firearm in the District of Columbia without a special permit from the Chief of Police.  It is a valid defense to this charge that the firearm was discharged in self-defense.  A person guilty of this charge can be sentenced to a maximum fine of $1000 and/or up to a year imprisonment.  D.C. Criminal Code 22-4503.01

Alteration of Identification Numbers: It is illegal to alter, obliterate or otherwise change the serial or identification number on a firearm.   Absent proof to the contrary, a person found in possession of a firearm with an altered number will be presumed to have altered the number him- or herself.  A person guilty of this charge can be sentenced to a maximum fine of $1000 and/or up to a year imprisonment.  D.C. Criminal Code 22-4512.

Possession of Dangerous Weapons: It is illegal to possess a whole range of “dangerous” weapons, including blackjack, sand club, switchblade, silencer or muffler, dagger, stiletto, or sawed off shotgun.  The penalty for a first-time offender without a prior felony conviction is a maximum fine of $1000 and/or up to a year incarceration.  The penalty for a subsequent offense or for a first-time offender with a prior felony conviction is imprisonment of up to 10 years.  D.C. Criminal Code 22-4514.

Presence in a Motor Vehicle Containing a Firearm: It is against the law to be in a motor vehicle if the person knows that there is also a firearm in the vehicle, unless the firearm is being lawfully carried or transported.  It is an affirmative defense that, upon learning of the presence of the firearm, the defendant intended to immediately exit the vehicle.  Violation of this provision is punishable by up to a $5,000 fine and/or 5 years of imprisonment.  If the defendant has previously been convicted of a felony or of carrying a concealed weapon, the penalty for this offense is up to a $10,000 fine and/or 10 years of imprisonment.   D.C. Code 7-2507.12.