Carrying a Dangerous Weapon (CDW) is a criminal offense in Washington, D.C. The offense applies when a person carries a deadly or dangerous weapon capable of being concealed on or about the person.
Depending on where the weapon is carried and other circumstances, CDW may be punishable by up to one year or up to five years in prison.
What must the government prove for Carrying a Dangerous Weapon in D.C.?
To convict someone of Carrying a Dangerous Weapon in Washington, D.C., the government generally must prove beyond a reasonable doubt that:
- The defendant carried a dangerous weapon on or about his or her person;
- The defendant did so voluntarily and on purpose, rather than by mistake or accident; and
- The weapon was capable of being concealed on or about the person.
A weapon must actually be capable of concealment at the time it is carried. In re D.R., 84 A.3d 1032 (D.C. 2014).
For the enhanced penalty of up to five years in prison, the government must also prove that the person carried the weapon somewhere other than the person’s dwelling, place of business, or other land possessed by that person. See D.C. Code § 22-4504(a).
What is a “dangerous weapon” under D.C. law?
A dangerous weapon is generally an object likely to produce death or great bodily injury based on the way it is used or intended to be used.
An object does not necessarily have to be designed as a weapon to qualify. Everyday objects and tools can become dangerous weapons depending on the circumstances and the manner in which they are used.
At the same time, many objects that could potentially be used as weapons also have legitimate purposes. The law does not prohibit carrying such objects merely because they could be used to injure someone.
When an object has an ordinary lawful use, the government must prove that the defendant intended to use the object as a dangerous weapon.
What does it mean to “carry” a dangerous weapon?
A person can carry a dangerous weapon by having it directly on his or her person or by having it conveniently accessible and within reach.
The government does not necessarily have to prove that the defendant physically held the weapon. Possession may also be constructive, and it may be shared with another person.
However, merely being near a weapon is not enough. Nor is simply knowing where a weapon is located. The government must prove that the defendant had both the power and the intent to exercise control over the weapon.
Does the weapon have to be concealed?
No. D.C. law prohibits carrying a qualifying deadly or dangerous weapon either openly or concealed.
The weapon must, however, be capable of being concealed on or about the person. The D.C. Court of Appeals has held that concealability is determined in relation to the weapon and the person carrying it at the time. In re D.R., 84 A.3d 1032 (D.C. 2014).
Can an ordinary tool qualify as a dangerous weapon?
Yes, depending on the circumstances.
An object with an innocent or useful purpose can qualify as a dangerous weapon when the evidence establishes that it was carried for use as a weapon. Conversely, carrying an object for its ordinary lawful purpose does not automatically constitute CDW merely because the object could potentially cause serious injury.
For example, the D.C. Court of Appeals has recognized that the relevant question may depend on the intended use of an otherwise lawful object. See Mack v. United States, 6 A.3d 1224 (D.C. 2010).
What are the penalties for Carrying a Dangerous Weapon in D.C.?
A basic violation of the D.C. weapons chapter that is not subject to the enhanced penalty under D.C. Code § 22-4504(a)(1) is punishable by up to one year in jail. Under D.C.’s current criminal fine schedule, an individual convicted of an offense punishable by up to one year may also face a fine of up to $2,500.
If the government proves that the defendant carried the dangerous weapon somewhere other than the person’s dwelling, place of business, or other land possessed by that person, the offense is punishable by up to five years in prison. The corresponding maximum fine under the current D.C. fine schedule is $12,500.
More severe penalties may apply to a person with certain prior convictions.
See D.C. Code §§ 22-4504, 22-4515, and 22-3571.01.