I do not have a protection order against the abuser, and s/he has not been convicted of a crime. Can s/he have a gun?
In Washington, D.C., in addition to convicted criminals and respondents in protection order cases, the law also prevents the following other people from possessing a firearm - someone who:
- is a “fugitive from justice”;
- is addicted to any controlled substance (drug);
- is a minor;
- is under indictment for a crime of violence or a weapons offense (with the exception of certain infractions or misdemeanor weapons offenses);
- was acquitted of any criminal charge by reason of insanity within the past 5 years;
- the court says is a "chronic alcoholic" or who was committed to a mental hospital/institution within the past 5 years;
- has had a history of violent behavior within the 5 years before applying for a firearm license;
- is 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
- was found by a court to be negligent in handling a firearm, which caused death or serious injury to another person.1
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 Advocates and Shelters page to find a local domestic violence organization near you.
For additional information on gun laws in the District of Columbia, you can go to the Giffords Law Center website.
1 DC Code §§ 22-4503(a); 7-2502.03(a)