D.C. jury acquits Koehler Law client of CPWL

A D.C. jury recently acquitted a Koehler Law client of carrying a pistol without a license (CPWL) and other firearm offenses.

According to the evidence presented at trial, our client found an abandoned firearm in an alley near the shopping mall where he worked. He picked up the gun intending to turn it over to the police.

Before he could do so, however, he suffered an epileptic seizure. Emergency medical personnel responding to the seizure discovered the firearm on him and contacted the police.

What is innocent or momentary possession of a firearm in D.C.?

Innocent or momentary possession can be a defense to a firearm charge in Washington, D.C.

The defense recognizes that not every brief or temporary possession of a firearm is criminal. Under certain circumstances, a person who comes into possession of a firearm for an innocent purpose and takes prompt steps to dispose of it lawfully may have a defense to a gun-possession charge.

In Hines v. United States, 326 A.2d 247 (D.C. 1974), the D.C. Court of Appeals explained that the defense requires more than simply an absence of criminal purpose.

The temporary possession must also be justified by an affirmative effort to further the public policy underlying law enforcement. One example is taking possession of an abandoned firearm for the purpose of promptly turning it over to the police.

How long can someone possess a firearm under this defense?

The D.C. Court of Appeals addressed a related form of temporary firearm possession in Evans v. United States, 304 A.3d 211 (D.C. 2023).

In Evans, the court held that a person who lawfully obtains possession of a firearm in self-defense may continue to possess it temporarily, provided the person disposes of the weapon with reasonable promptness after the need for self-defense has ended.

Whether the person acted with reasonable promptness will often depend on the particular facts of the case and may be a question for the jury. The permissible period is generally measured in seconds or minutes, not hours or days.

What happened at the CPWL trial?

Our client testified in his own defense. He explained to the jury how he came into possession of the firearm and why he intended to turn it over to the police.

He then underwent extensive cross-examination by the prosecution.

The defense also called our client’s wife. She testified about his good character and his reputation in the community for truthfulness and honesty.

After hearing the evidence, the jury found our client not guilty of all charges, including carrying a pistol without a license.

The verdict illustrates the importance of the circumstances surrounding a person’s possession of a firearm. In a D.C. firearm case involving innocent or momentary possession, why the person obtained the gun, how long the person possessed it, and what the person intended to do with it can all be important issues at trial.