Carrying a Pistol Without a License (CPWL) in D.C.

With a prior CPWL or felony conviction, the maximum is up to ten years in prison and a fine of up to $25,000. An alleged offense in a statutorily defined gun-free zone can also expose the accused person to enhanced punishment.

The person must be legally allowed to transport the firearm, be moving it between places where it may lawfully be possessed and carried, and follow statutory storage rules. In a vehicle the firearm generally must be unloaded, with neither the firearm nor ammunition readily accessible from the passenger compartment; if there is no separate trunk, both must be in a locked container other than the glove compartment or console (D.C. Code § 22-4504.02).

No. A concealed-carry permit issued by Maryland, Virginia, or another state does not by itself authorize carrying a pistol in Washington, D.C. The CPWL statute requires a license issued under D.C. law.

A pistol is a firearm originally designed to be fired with one hand, or a firearm with a barrel shorter than 12 inches (D.C. Code § 7-2501.01(12)). For felony CPWL, the government must ordinarily prove the pistol was operable.

Actual possession means the gun was physically on the person, such as in a pocket, waistband, purse, or backpack. Constructive possession means the gun was not on the person but was conveniently accessible and the person had both the ability and the intent to exercise control over it, as when a gun is recovered from beneath a car seat or in a glove compartment.

Not automatically. A gun found in a car with several occupants does not establish that every person present carried it. Constructive possession requires that the gun was conveniently accessible and that the person had both the ability and the intent to exercise control over it. Mere presence near a gun, or mere knowledge that one is present, is not enough.

The government must prove beyond a reasonable doubt that the defendant carried a pistol openly or concealed on or about the person, did so voluntarily and intentionally, had no license issued under D.C. law, was somewhere other than a dwelling, place of business, or land the defendant possessed, and that the pistol was capable of firing a bullet or other projectile.

When the alleged carrying occurred outside the person’s home, place of business, or other land the person possesses, CPWL is a felony punishable by up to five years in prison and a fine of up to $12,500 under D.C. Code § 22-4504.