Washington DC Weapons Charges Lawyer
Aggressive Defense Against DC Weapons Charges.
Washington, DC has some of the strictest weapons laws in the United States. What is perfectly legal in neighboring Maryland or Virginia can become a serious criminal offense the moment you cross into the District. People are charged with weapons offenses in DC every day, many of them without realizing they were breaking the law.
Whether you are facing a charge for carrying a pistol without a license, possessing an unregistered firearm, or a more serious weapons offense, the stakes are high. A conviction can mean jail time, a permanent record, and the permanent loss of your right to possess firearms. You need an experienced DC weapons charges lawyer fighting for you from day one.
At the Law Offices of Krum, Gergely & Oates, our attorneys have defended clients against weapons charges in the DC Superior Court and federal court. We know how these cases are prosecuted and how to build an effective defense. Call (301) 840-0080 or fill out our contact form for a free consultation.
DC Weapons Laws
DC’s weapons laws are governed by multiple statutes, and they apply to far more than just firearms. Understanding exactly what is prohibited and what the penalties are is essential to understanding your situation.
Carrying a Pistol Without a License (CPWL)
Under D.C. Code § 22-4504, it is a felony to carry a pistol in DC without a license to do so. Critically, DC does not honor concealed carry permits from other states. If you have a valid carry permit from Maryland, Virginia, or any other state, that permit is meaningless in the District. A first-time conviction for CPWL carries a maximum sentence of five years in prison and a $5,000 fine. A second conviction carries up to ten years.
Possession of an Unregistered Firearm
DC law requires all firearms to be registered with the Metropolitan Police Department. Possessing an unregistered firearm even in your own home is a misdemeanor under D.C. Code § 7-2502.01, carrying a maximum penalty of one year in jail and a $1,000 fine. Many people are charged with this offense after bringing a legally-owned firearm from another state into DC without registering it.
Unlawful Possession of Ammunition
Under DC law, you may only possess ammunition that corresponds to a firearm you have legally registered. Possession of ammunition for an unregistered weapon or possession of ammunition by someone who does not have a registered firearm at all is a misdemeanor, carrying up to one year in jail.
Prohibited Weapons
Certain weapons are banned outright in DC regardless of registration or licensing. These include machine guns, sawed-off shotguns, assault weapons, silencers, and switchblade knives. Possession of these items can result in felony charges. DC law also prohibits knives with blades longer than three inches (if carried with the intent to unlawfully use against another person under D.C. Code § 22-4514(b)), brass knuckles, and BB guns, which, while carrying only a $300 fine, can still result in an arrest and a criminal record.
Weapons in Gun-Free Zones
DC law prohibits carrying weapons within 1,000 feet of schools and other designated gun-free zones. A weapons charge in proximity to a school or child-serving facility can trigger enhanced penalties.
When Weapons Charges Go Federal
DC’s unique status as a federal district means weapons charges can escalate to federal court in ways that would not happen in a typical state. Federal prosecutors may pursue charges under 18 U.S.C. § 922 when the circumstances involve prior felony convictions, prohibited persons, or firearms that have been modified or have had their serial numbers removed.
A federal weapons conviction can carry mandatory minimum sentences. For example, using or brandishing a firearm during a crime of violence or drug trafficking offense under 18 U.S.C. § 924(c) carries a mandatory minimum of five years in federal prison, consecutive to any other sentence. If the firearm is brandished, that minimum increases to seven years. These sentences are on top of whatever sentence applies to the underlying offense.
If your weapons charge involves federal jurisdiction, having an attorney experienced in both DC Superior Court and federal court is essential.
Defenses to DC Weapons Charges
Unlawful Search and Seizure
Many weapons charges arise from traffic stops or searches of homes and vehicles. If law enforcement did not have legal justification for the stop or search, no valid warrant, no probable cause, no recognized exception, any weapons they found may be suppressed. Without the physical evidence, most weapons charges cannot survive.
Lack of Knowing Possession
To convict you of a weapons offense, the government must prove you knowingly possessed the weapon. If a firearm was found in a shared vehicle or a space accessible to multiple people, the government must establish that you were aware of the weapon and exercised control over it. Constructive possession cases are highly fact-specific and often susceptible to challenge.
Legal Transportation
DC law contains specific provisions for lawfully transporting registered firearms through the District. If you were transporting a legally-owned firearm in compliance with DC’s transportation requirements, unloaded, in a locked container, separate from ammunition, that may constitute a complete defense to certain charges.
Diversion
In some first-time weapons cases in DC Superior Court, it is possible to negotiate a diversion agreement that allows the charge to be resolved without a conviction. An experienced attorney can evaluate whether diversion is available, given the facts of your case, and advocate for that outcome.
Consequences of a Weapons Conviction in DC
Beyond imprisonment and fines, a weapons conviction in DC carries lasting consequences:
- A felony weapons conviction permanently strips you of your federal right to possess firearms under 18 U.S.C. § 922(g)
- A conviction can affect employment, particularly positions requiring security clearances, which are common in the DC metro area, given the concentration of government contractors and federal agencies
- Non-citizens face potential deportation and bars on re-entry
- Professional licenses in law, healthcare, finance, and other regulated fields can be affected
Why Choose Krum, Gergely & Oates?
The attorneys at the Law Offices of Krum, Gergely & Oates have defended clients against weapons charges at every level, from first-time misdemeanor unregistered firearm cases to felony CPWL charges and federal firearms offenses. We investigate every case thoroughly, challenge every search and seizure that lacked legal justification, and fight for every available avenue to protect our clients’ records and futures.
Frequently Asked Questions
Can I bring my legally registered gun from Virginia or Maryland into DC?
Not without registering it in DC first. DC does not recognize firearm registrations or carry permits from other states. Bringing a firearm into the District without complying with DC registration requirements is a criminal offense, even if you have followed all the laws in your home state.
Is it possible to get a weapons charge dismissed in DC?
Yes, in some cases. Suppression of illegally obtained evidence, diversion agreements, and insufficient evidence are all potential grounds for dismissal. The right strategy depends entirely on the facts of your specific case.
What is the difference between a weapons charge and a gun charge in DC?
The terms are often used interchangeably, but “weapons charges” is broader and can include knives, prohibited devices, and other items beyond firearms. Your attorney will analyze the specific statute under which you have been charged to develop the most effective defense.
Will I be held without bond on a weapons charge in DC?
In DC, gun and weapons arrests often result in the government seeking pre-trial detention. Having an attorney present at your initial hearing to argue for release is critical. An experienced DC weapons charges lawyer can argue for conditions of release that allow you to remain free while your case is pending.
Contact a DC Weapons Charges Lawyer Today
A weapons charge in DC is serious, but it is defensible. The Law Offices of Krum, Gergely & Oates will fight to protect your rights, your freedom, and your future.
Call (301) 840-0080 or fill out our contact form to schedule a free consultation.
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