State Gun Laws

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 controlled substance (drug);
• has been convicted of a misdemeanor “intrafamily offense” (domestic violence) within the past 5 years, or any similar offense in another state; or
• 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; 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)