Acquittal after trial on CPWL and other firearm charges

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

Innocent or Momentary Possession

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

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 the absence of a criminal purpose. The person’s temporary possession must also result from an affirmative effort to further the public policy underlying enforcement of the firearm laws—such as promptly taking steps to surrender the weapon to the police.

The court addressed a related issue in Evans v. United States, 304 A.3d 211 (D.C. 2023). It held that a person who lawfully obtains a firearm in self-defense may possess it temporarily, provided the person disposes of it with reasonable promptness after the need for self-defense ends. Whether someone acted with reasonable promptness will often be a question for the jury. The permissible period is generally measured in seconds or minutes, not hours or days.

Client found not guilty of CPWL

Our client testified in his own defense and endured extensive cross-examination by the prosecution. The defense also called his wife, who 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 the CPWL.