Washington, DC carries a gun may be more complicated than many gun owners think. Local restrictions are severe and federal law could possibly apply. A storage, access, registration or travel error may result in serious criminal charges. And that’s why it is important to know the guidelines before you travel. The safest way is easy: learn the law and then relocate the handgun.
Strict Rules on Guns in DC
In Washington, DC, most firearms an individual carries must have a valid registration certificate. The rule relates to firearms, to possession, control, transfer, sale and delivery of firearms. That means just because you have a gun in another state, doesn’t mean you may carry it into DC without additional. D.C. law additionally restricts some firearms and ammunition devices. For example, the District prohibits registration of certain weapons, including machine guns, short-barreled rifles and sawed-off shotguns, with limited exceptions. The rules are complicated. You may be legal where you reside, but a gun might land you in legal trouble once you get into DC.
How To Transport A Firearm In A Car?
DC has very clear rules for transporting guns in automobiles. When transporting a firearm in an automobile, the firearm must be un-loaded. The gun or ammo shall not be readily accessible nor directly accessible from the passenger area. What if you don’t have a distinct trunk? DC law does offer a concrete explanation. Unloaded firearms or ammo shall be stored in a lockable container. That container can’t be the glove box or the center console. Think at it this way, the gun should not be simple to access while you are driving. Many people therefore store it in a lockable case, away from the passenger area. Ammunition should also be kept in a secured location. This stuff counts. A gun under a seat may pose a completely different legal difficulty than that of a gun stored in a case.
How About Carrying a Gun on Your Person?
Carrying a firearm is not the same as transporting one. DC permits licensed concealed carry with certain restrictions. A registered handgun may be carried hidden on the person while inside of a vehicle if the person has a DC concealed carry license. But that exception doesn’t mean all gun owners can carry a weapon in a car. You have to be legally allowed to carry concealed. They also have to observe rules attached to the firearm, license, location and method of carry. DC also bans concealed carry in numerous places, even for those with a DC license. Some government buildings, schools, hospitals, public transit and other listed locations are among those places. So, just possessing a carry license is not a free pass.
Don’t Forget About Ammunition
There are also rules around ammunition. In general, DC limits who can possess ammunition in the District. One of the exceptions indicated is to those possessing a valid registration certificate for a handgun. The District also bans high-capacity ammunition feeding systems that are designed to contain more than 10 rounds. That can matter if someone drives into DC with a gun and magazines from out of state. Someone can say, The gun is legal at home so everything in the case must be legal here. It’s not always the case. Check the firearm, magazine, ammo, registration and travel method before entering the District.
Federal Law & Travel Between States: What’s the Rule?
Federal law also covers transport of firearms across states. Some persons may move a firearm from one place where they may lawfully own and carry it to another under 18 U.S.C. § 926A. The firearm must be unloaded and neither the firearm or ammo readily accessible from the passenger compartment. If the vehicle does not have a separate compartment, the firearm or ammunition must be stored in a locked container other than the glove box or console. The government protections are helpful, but only to a point. If the individual is allowed to have and carry the gun at the point of origin and the destination, the legislation applies. It does not legalize a journey that was previously illegal. That is a key distinction.
What if you’re only passing through DC?
This is where it can get tough. A driver can travel between two other states and enter DC. It may apply when the conditions of federal interstate transportation legislation are met. But the facts are still facts. The type of firearm, whether it is legal, the route of travel, how it is stored and where it is going all can come into play in the study. For example, an extended visit stop may pose different issues than a direct trip between lawful destinations. Don’t think ‘I’m just passing through’ is a cure-all. Before you travel, review both federal and DC law. If the scenario is uncommon, see a lawyer before you go.
What Could Get You a Criminal Charge?
There are several distinct concerns that might lead to firearm cases. Someone could get in trouble for illegal ownership, illegal transportation, ammunition, an unregistered firearm, or carrying it in a prohibited place. DC law also prohibits certain individuals from possessing firearms, including those with specific criminal convictions and those who are subject to qualifying court orders. Which means transport is only part of the legal picture. The police may look at the complete picture. They may question who possessed the gun, where it was purchased, where it was going and how it was stored. Little facts can be important.
What happens if police stop you?
Take it easy. Do not dispute the officer. If the cops find a gun, don’t guess at the law or say more than you have to. You have legal rights. You can ask to speak to a lawyer. If you are arrested or charged, the details of the stop can matter later on. A defense counsel can evaluate the search, basis for the stop, firearm registration, storage, statements and other evidence. If you are charged with a firearm offense, a DC Gun Lawyer can discuss your alternatives.
How Capital Criminal & DUI Defense Group Can Assist
David Benowitz helps clients facing criminal charges in Washington, DC at Capital Criminal & DUI Defense Group. The business also handles weapons and other criminal defense cases. The gun case should be carefully reviewed from the start. The circumstances may involve both DC law and federal law. David Benowitz has expertise in both state and federal courts. He is also Martindale-Hubbell AV-Preeminent rated and a member of the National College for DUI Defense. Getting legal guidance early can make a difference if you are charged with or are being investigated for a firearms offense.
Frequently Asked Questions
- Is it legal to carry an empty gun in Washington, DC?
Yes, but only to severe rules. The firearm must be unloaded and stored so that it is not accessible from the passenger area. If there is no separate car compartment, the firearm shall be placed in a locked container other than a glove compartment or console.
- Do I need to register my firearm in DC?
Yes, most of the time. In general, DC requires a valid registration certificate to own or control a handgun in the District.
- May I bring ammo into Washington, DC?
DC legislation makes it illegal to possess ammo. Under the exceptions outlined, some persons, including those licensed to own guns, may have ammunition in their possession. The use of large-capacity ammunition feeding mechanisms (those holding more than 10 rounds) is likewise prohibited.
- Does federal law protect me if I’m traveling through DC with a firearm?
If certain criteria are met there may be some interstate firearm travel protection under federal law. The firearm must be unloaded and properly secured and the person must lawfully own it at both ends of the travel.
- Do I need to get a lawyer following a gun arrest?
Yes. A lawyer can evaluate the facts and tell you what accusations you may be facing and alternative defenses. This can include looking at the search, gun registration, how the gun was transported and the behavior of the police.
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