Know the Laws: District of Columbia
UPDATED December 10, 2008
WomensLaw.org strongly recommends that you get help from an organization in your area before proceeding with court action.To find legal assitance or a domestic violence organization in your area, please go to the DC Where to Find Help page.
- More Information and Where to Get Help
- If my abuser's gun(s) is taken away, what will happen to it?
- Who do I notify if I think my abuser should not have a gun?
- What is the penalty for violating the federal firearm law?
- I do not have a Protection order against my abuser, and s/he has not been convicted of a domestic violence misdemeanor or felony, is there anything I can do?
- What will happen if my abuser tries to purchase a gun?
- I received a restraining order through my divorce. Can my ex-spouse own or buy a gun?
- My abuser uses a gun for his job. Does the law still apply?
- What is the legal definition of a gun or firearm?
- I've read through all of this information, and I am still confused. What can I do?
- Guns and Criminal Convictions
- Basic Info
- Guns and Civil Protection Orders
More Information and Where to Get Help
back to topIf my abuser's gun(s) is taken away, what will happen to it?
In DC, your abuser is supposed to immediately give his firearms and ammunition to a third party, such as his attorney, to the local police agency or a Federal firearms dealer.
back to topWho do I notify if I think my abuser should not have a gun?
If you think your abuser is violating the federal firearm law, you can call your local police or sheriff department, the State Police, or the Bureau of Alcohol, Tobacco and Firearms (ATF). Let them know that either you have a Protective order against your abuser, or your abuser has been convicted of a felony or domestic violence misdemeanor.
You can find contact information for sheriff departments in your area on our DC Sheriff Department Locations page.
There is an ATF field office located in
Bureau of Alcohol, Tobacco, Firearms and Explosives
Washington Field Division
1401 H. Street NW
Suite 900
Washington, DC 20226
(202) 648-8010
Fax: (202) 648-8001
www.atf.treas.gov/field/washington/index.htm
For reporting illegal firearm activity: 1-800-ATF-GUNS (1-800-283-4867)
A local domestic violence organization in your area may also be able to answer your questions and assist you in talking to the necessary law enforcement officials. You will find contact information for organizations in your area on our DC Where to Find Help page.
Note: Generally, your abuser does not have to have knowledge of the law in order to be arrested for violating the law. If your abuser has a gun or buys a gun in violation of the law, your abuser can be arrested, whether or not your abuser knows he/she was in violation of the law.*
* United States v. Lippman, 369 F. 3d 1039 (8th Cir. 2004); United States v. Henson, 55 F. Supp. 2d 528 (S.D. W.V. 1999).
back to topWhat is the penalty for violating the federal firearm law?
Anyone who owns, has or buys a gun in violation of the federal firearm law can be punished by a fine, jail time for up to 10 years, or both.*
* 18 USC 924 (a) (2)
back to topI do not have a Protection order against my abuser, and s/he has not been convicted of a domestic violence misdemeanor or felony, is there anything I can do?
In Washington, D.C. “unfit” persons like felons, minors, or the mentally incompetent can’t possess a firearm.
If none of these situations apply, you can still make a plan for your safety. See our Staying Safe page for more information. You can also contact your local domestic violence organization for additional help. You may want to talk to them about whether leaving the area - either long term or for a little while - might help improve your safety. See our DC State and Local Programs page to find a local domestic violence organization near you.
back to topWhat will happen if my abuser tries to purchase a gun?
Before purchasing a gun, all buyers must undergo a criminal background check that is processed through the National Instant Criminal Background Check System (NCIS). If your abuser has a qualifying Protection order against him, or has been convicted of a felony or domestic violence crime, those records should be in the NCIS, which should prevent your abuser from buying a gun. Not all states have automated record keeping systems, making it more difficult to process the criminal background check, and some criminals and abusers do slip through the system.
If your abuser is able to purchase a gun, you can alert the police, and ask that his/her gun be taken away. Generally, it is not a good idea to assume that because your abuser was able to buy a gun, it is legal for him to have one. The criminal background check system is not foolproof.
Note: There may also be some loopholes in the law that your abuser can take advantage of. For more information, you can contact a local domestic violence organization in your area. Go to our DC State and Local Programs page to find an organization near you.
back to topI received a restraining order through my divorce. Can my ex-spouse own or buy a gun?
If the language that is used in the restraining order does not specifically restrain the abuser from "physical force involving bodily injury," as required under federal law*, then the federal gun law might not be enforceable, and your ex-spouse may still be able to have a gun.**
* 18 USC 922(g)(8)(c)
** Magoon v. Thoroughgood, No. 2000-834 (N.H. issued July 26, 2002)
back to topMy abuser uses a gun for his job. Does the law still apply?
Maybe. If your abuser is a law enforcement officer, military employee or government official, then s/he might be able to continue to use their gun for work purposes, but not for personal use.
However, if your abuser has been convicted of a felony or a domestic violence misdemeanor, then under federal law, your abuser cannot buy or have a gun, even if s/he is a police officer or a military employee.*
If you are confused or not sure whether your abuser can still use their gun for work purposes, you can talk to a domestic violence advocate in your area or call the National Center on Full Faith and Credit to find out more information: 1-800-903-0111, ext. 2
To find a domestic violence advocate in your area, please go to our DC State and Local Programs page.
* 18 USC 925 (a)(1)
back to topWhat is the legal definition of a gun or firearm?
A gun or firearm is defined by federal law to mean any weapon that is designed to fire a bullet or other projectile by means of an explosive. A firearm silencer or muffler is also included in the definition of a firearm, as is a destructive device and ammunition.*
The federal definition of a firearm does NOT include antique firearms, which is any firearm manufactured in or before 1898.**
To read the exact legal definition of a firearm, as it applies to the federal firearms statute, please see 18 USC § 921- Definitions. This law can be found on the US House of Representatives website.
* 18 USC 921(3)
** 18 USC 921(16)
back to topI've read through all of this information, and I am still confused. What can I do?
Trying to understand both Federal and State law can be confusing, but there are people out there who can help you better understand the law and your rights under the law.
- You can write to our Email Hotline.
- You can contact a local domestic violence organization in your area (See our DC State and Local Resources page).