I am a victim of domestic violence and the abuser has a gun. Is that legal?
Under Washington, D.C. law, it is illegal for a person to have a gun if s/he:
- has been convicted in any court of a felony crime;
- is not licensed to sell weapons and has been convicted of violating that law;
- is a “fugitive from justice”;
- is addicted to any drug (controlled substance);
- was convicted within the past five years of one of the following in any state:
- an intrafamily offense; or
- stalking or attempted stalking;
- is subject to a civil protection order that:
- was issued after a hearing that the respondent received actual notice of, and at which the respondent had an opportunity to participate; or remained in effect after the respondent failed to appear for a hearing that s/he was notified of;
- restrains the respondent from assaulting, harassing, stalking, or threatening the petitioner or any other person named in the order; or requires the respondent to stay away from, or have no contact with, any other person or a location; and
- requires the respondent to give up possession of any firearms.1
Also, under Washington, D.C. law, a person has to first apply for a registration certificate before legally owning a firearm. The following additional people (aside from those listed above) should be denied the certificate according to Washington, D.C. law, and therefore, cannot legally possess a firearm:
- a minor;
- someone convicted of a felony in any state;
- someone convicted of or under indictment for a weapons offense (with the exception of certain infractions or misdemeanor weapons offenses);
- someone under indictment for a crime of violence;
- someone convicted within the past five years of:
- a crime related to the use, possession, or sale of drugs;
- assault or threatened assault in a menacing manner, stalking, threats to do bodily harm, or something similar in another state;
- two or more violations for driving under the influence of alcohol or drugs;
- the misdemeanor offense of improper storage of a firearm;
- a domestic violence offense (“intrafamily offense”) punishable as a misdemeanor;
- violation of an extreme risk protection order;
- someone who, within the past five years:
- was acquitted of any criminal charge by reason of insanity (unless the person presents a medical certification that s/he has recovered from the insanity);
- the court says is a “chronic alcoholic” (unless the person presents a medical certification that s/he has recovered from alcoholism);
- voluntarily admitted him/herself to a mental health facility or was involuntarily committed to a mental health facility or to a mental institution by the court;
- was determined to be an “incapacitated individual” or a “mental defective” by a court;
- has had a history of violent behavior;
- had a final civil protection order against him/her in any state (if the order expired or was vacated, s/he must wait five years from the date it ended before being eligible for the registration certificate);
- someone who currently has a final civil protection order against him/her;
- someone who currently has an ex parte or final extreme risk protection order against him/her;
- someone suffering from a physical defect (including blindness), which indicates that the applicant would not be able to possess and use a firearm safely and responsibly; or
- someone who was found by a court to be negligent in handling a firearm, which caused death or serious injury to another person.2
If any of these situations apply to the abuser, it may be illegal for him/her to have a gun. Also, federal laws, which apply to all states, restrict an abuser’s right to have a gun if you have a restraining order against him/her that meets certain requirements. Go to Federal Gun Laws to get more information.
1 DC Code § 22-4503(a)
2 DC Code § 7-2502.03(a)