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 …
D.C.’s ban on 11+ magazines is unconstitutional
The D.C. Court of Appeals has struck down as unconstitutional the District’s ban on high capacity magazines for firearms. Specifically, the court found recently in Benson v. United States, 2026 D.C. App. LEXIS 80, that the prohibition against magazines capable of holding more than 10 rounds of ammunition – what the court refers to as 11+ magazines – violates …
Evans v. U.S.: More on the innocent possession of a firearm
According to the “innocent possession of a firearm” defense in D.C., it is permissible to use in self-defense what might otherwise be an unlawful firearm.
Clearing/sealing/expunging a criminal record
Everything you need to know about clearing, expunging or sealing your criminal record in anticipation of background check for employment, adoption, immigration, volunteer opportunity or gun license.
The “Quantum of Evidence” Needed to Corroborate a Confession
The “corroboration rule” requires the government to introduce “substantial independent evidence” establishing the trusthworthiness of a confession before that statement can be submitted to the jury.
Myers v. U.S.: What is “knowing” possession of a firearm?
Previously convicted of a felony, Michael Myers was arrested while carrying a garbage bag that contained the disassembled parts of a shotgun. Was he guilty of being a felon in possession of a firearm?
Defining “Readily Available” in Clyburn v. U.S.
“Readily available” is defined in Washington, D.C. as being in close proximity or easily accessible during commission of crime of violence/dangerous crime.
Sometimes a guilty verdict is a win
Although Virginia juries have a reputation for being unforgiving, I have also been told that juries in Prince William County can be pretty unpredictable. Going into trial yesterday, my client was facing a mandatory 5-year sentence for being a violent felon in possession of a firearm. During execution of a search warrant at his home, police had recovered a firearm …
Innocent Possession of a Firearm in D.C.
The innocent or momentary possession of a firearm or any other type of contraband is a valid defense in Washington, D.C.
Disorderly Conduct: D.C. Court Narrows The Scope
Disorderly conduct is a really annoying charge. The first problem is that the offense is usually so broad and poorly defined that it is too easy for police to charge and too easy for the government to prove at trial. For example, since intent to cause a “public inconvenience” is a major element of the offense in Pennsylvania, the …









