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SELF DEFENSE AND DEADLY FORCE IN THE DISTRICT OF COLUMBIA
Self-defense is a complete defense to assault-related crimes, including murder. This article will discuss when self-defense applies, and when the use of self-defense can include deadly force in the District of Columbia.
When can self-defense and/or deadly force be used?
A person has the right to use reasonable force to defend themselves if they believe they are in imminent danger of bodily harm and there are reasonable grounds for their belief. The focus is on whether the defendant/accused actually believed that they were in imminent danger of bodily harm at the time of the incident and under the circumstances as they appeared to the defendant/accused at that time. A person may use reasonable force, which is that force necessary to protect themselves at the time of the incident.
In some cases, it may be necessary for a person to use deadly force to defend themselves. Under DC law, “deadly force” is “force that is likely to cause death or serious bodily harm.”[1] If a person actually and reasonably believes that they are in imminent danger of death or serious bodily injury and the only way to save themselves is to use deadly force, then they are legally entitled to use deadly force. Use of a firearm is the most common type of deadly force, but deadly force does not necessarily require the use of a weapon. For example, if a person is kicked repeatedly in the head by a grown man, this could be deadly force.
“Serious bodily harm” and “serious bodily injury” are defined as “bodily injury that involves substantial risk of death, unconsciousness, extreme physical pain, protracted and obvious disfigurement, or protracted loss of impairment of the function of a bodily member, organ, or mental faculty.”[2]
What if the Defendant’s belief of imminent harm was false?
Since the focus of self-defense is what the defendant reasonably believed based on how the situation appeared to the defendant at the time, a person has a right to use self-defense even if it later turns out that the perceived threat was false. For example, many BB guns appear like a regular handgun. If an intruder breaks into your home and points a BB gun at you that you believe is a real handgun, then you could use deadly force even though the “firearm” turned out to be a BB gun. However, once the threat has been dispelled, you may no longer use deadly force. Thus, if the intruder pointed a gun at you and then ran out of the house, you would not be entitled to self-defense if you shot him in the back as he was running away, regardless of whether you believed that the gun was real or not.
Is there a duty to retreat?
DC law uses the “middle ground” standard between the right to stand and kill and the duty to retreat. Though there is no absolute duty to retreat in DC, the jury may consider whether the defendant could have retreated to safety when assessing whether the defendant “was actually or apparently in imminent danger of [death or serious] bodily harm.”[3] The idea behind this standard is that the jury can consider whether the defendant could have avoided using deadly force by escaping or walking away at the moment that s/he used deadly force. DC has not squarely adopted the “Castile Doctrine”, which is when the law does not require a duty to retreat when a person is within their own home. DC courts have held, however, that the castle doctrine does not apply in the situation where one co-occupant uses deadly force against their roommate or another occupant of the same home.
Does it matter who was the initial aggressor?
The short answer is “yes”. A person cannot generally place themselves in harm’s way or provoke another person and then rely on self-defense to justify the use of force. However, if the initial aggressor withdraws from the fight/situation in good faith and makes their withdrawal clear to the other party, then they regain the right to use reasonable force to prevent imminent bodily harm.
Example 1:
Mark shoves Andy towards the door of a bar and shouts: “Let’s go! I’m ready to beat your ass in the parking lot.” Andy turns around and shoves Mark, who then punches Andy in the face. Mark cannot claim self-defense because he initiated the fight.
Example 2:
Mark and Andy go out to the parking lot after Mark challenges Andy to a fight. Both men are actively engaged in a fight and Andy gains the upper hand and has Mark in a chokehold. Mark shouts out: “Ok – I’m out. Please no more.” If Andy does not release Mark, then Mark has the right to use whatever force necessary to prevent further harm to himself.
Example 3:
Let’s take Example 2 a step further. Mark is armed with a handgun in his waistband. Andy has Mark in a chokehold and will not let go despite Mark’s desperate plea that he is choking and will not engage in further fighting. Mark is having difficulty breathing and starting to feel lightheaded. Mark, fearing that he will choke to death, may use deadly force to save himself.
Can I use force to protect another person?
A person has the same right to use reasonable force to prevent imminent harm to another person as long as s/he believes that the other person is in imminent danger of bodily harm and there are reasonable grounds for that belief. The amount of force used must be proportional to the harm. The same principles of self-defense and deadly force that apply to oneself may be applied to a third person.
The right to use self-defense can change from one minute to the next depending on the facts of each case. If you find yourself or someone that you know facing assault charges, then you should not delay in consulting with an experienced criminal defense attorney about your right to claim self-defense. Contact our office at 240-396-4373 to schedule a consultation today.
[1] 1 Criminal Jury Instructions for DC Instruction 9.501(B).
[2] Nixon v. United States, 730 A.2d 145, 149 (D.C. 1999).
[3] Gillis v. U.S., 400 A.2d 311, 313 (D.C. 1979).
About the Author
Morgan E. Leigh has 12 years of experience defending assault-related crimes and prosecuting protective orders against domestic violence aggressors. She has also represented a number of police officers in shooting investigations and excessive force cases. Her experience on both sides of the isle gives her a well-rounded perspective when assessing self-defense claims.
Navigating Firearm Ownership: A Step-by-Step Guide to Buying a Gun in Maryland
As a resident of Maryland, the process of purchasing a firearm involves adherence to specific regulations and procedures established by state law. Whether you are a first-time gun buyer or looking to add to your collection, understanding the legal requirements is crucial. In this blog post, we'll provide a step-by-step guide on how to buy a gun in Maryland, ensuring a lawful and smooth process.
Meet Eligibility Requirements:
Before initiating the process, ensure that you meet the eligibility criteria for firearm ownership in Maryland. Individuals must be at least 18 years old to purchase a long gun (shotgun or rifle) and 21 years old to purchase a handgun.
Complete a Firearm Safety Training Course:
Maryland law requires first-time handgun buyers to complete a certified firearms safety training course. This course covers essential topics such as firearm safety, state laws, and proper handling and storage.
Choose a Licensed Firearm Dealer:
When purchasing a firearm, you must do so through a licensed dealer in Maryland. Ensure that the dealer is authorized by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and holds a valid Federal Firearms License (FFL).
Submit an Application:
For handgun purchases, you need to complete the Maryland State Police Application to Purchase a Regulated Firearm. This application can be obtained from the licensed dealer or downloaded from the Maryland State Police website.
Pass a Background Check:
As part of the application process, a background check will be conducted to verify your eligibility for firearm ownership. This includes criminal history, mental health status, and other factors that may disqualify an individual from owning a firearm.
Waiting Period:
Maryland has a mandatory seven-day waiting period for handgun purchases. This waiting period allows for the completion of the background check and provides a cooling-off period before taking possession of the firearm.
Buying a gun in Maryland involves a well-defined process designed to uphold safety and accountability. By adhering to the legal requirements and following this step-by-step guide, you can navigate the process smoothly and lawfully. Always stay informed about any updates or changes to Maryland's firearm laws and regulations to ensure responsible firearm ownership. If you have specific questions or concerns, consulting with a knowledgeable attorney can provide additional guidance tailored to your individual circumstances. Contact our office at 240-396-4373 to schedule a consultation with Attorney Morgan E. Leigh.
What You Need to Know About Possessing and Carrying a Firearm in the District of Columbia
The District of Columbia arguably has the most restrictive firearm laws in the country. DC gun offenses are prosecuted by the US Attorneys’ Office and the Office of the Attorney General. The fact that a person has a valid carry permit in another state will not prevent them from being arrested and prosecuted for carrying or traveling with a firearm in violation of DC laws.
Carry Permits
First and foremost, DC does not have carry permit reciprocity with any other state. This means that to carry a firearm outside of your home, place of business, or other land that you possess within DC, you must have a DC-issued carry permit. It is not enough to have a permit from VA, MD, PA, or any other state – it must a DC-issued permit. To apply for a DC carry permit, you must complete a firearms training course by an instructor certified by the MPD police Chief. The list of certified instructors can be found here: DC firearms instructors. Open carry is not permitted in DC – firearms must be carried concealed.
In order to obtain a DC-issued carry permit, you must also be eligible to possess a firearm in DC. Any of the following will disqualify you from obtaining a DC carry permit:
Conviction of certain weapons offenses, or a felony in DC or any other jurisdiction (which includes all crimes punishable by imprisonment for a term exceeding one year).
Being under indictment for a crime of violence or a weapons offense.
Being a fugitive from justice.
Within the previous five years:
Not stand convicted: (1) of a narcotics or dangerous drug offense; (2) under D.C. Official Code § 22-404 (assaults and threats) or § 22-407 (threats to do bodily harm), or a violation of a similar statute in another jurisdiction; (3) of two or more violations of driving under the influence of alcohol or drugs; (4) of an intrafamily offense punishable as a misdemeanor; (5) of a misdemeanor involving certain firearms violations. (6) Stalking; or (7) violation of an Extreme Risk Protection Order.
Not have been acquitted of any criminal charge by reason of insanity or adjudicated a chronic alcoholic by any court.
Not have been voluntarily or involuntarily committed to any mental hospital or institution.
Not have a history of violent behavior.
Not have been the respondent in an intrafamily proceeding in which a civil protection order or a foreign protection order was issued against the applicant.
Not appear to suffer from a physical defect which would make it unsafe to possess and use a firearm safely and responsibly.
Not have been found negligent in any firearm mishap causing death or injury to another human being.
Failure to abide by DC’s carry permit requirements will subject you to a felony conviction with a maximum penalty of 5 years in jail and/or a fine up to $12,500. A conviction of this nature will make you ineligible to possess a firearm in DC and many other states, depending on that state’s firearm laws.
Possessing a firearm in your home, place of business, or other land that you possess
Without a carry permit, a person may possess a firearm in their home, place of business, or other land that they possess. The “possessory” interest in the land referred to in DC Criminal Code § 22-4504 refers to more than the right to be physically present on the property. A person must have such an interest in the property that he or she has the authority to exclude others from the property. DC courts have previously found that the curtilage, or area surrounding one’s property, does not fall within the exception. While it is likely that this interpretation of the law would be unconstitutional post New York Rifle & Pistol Ass’n, Inc. v. Bruen, the case has not yet been directly overruled by DC courts. There is some authority from later cases that suggest the court would be open to arguments that a person possessed the firearm within the boundaries of their property, but the most direct reading of the law is that the exception does not apply outside of one’s physical home.
Registering firearms
All firearms must be registered, even if they are within the home. To register a new firearm, a person must complete the PD-219 form: “Application for Firearms Registration Certificate.” The form can be found here: PD-219. Failure to abide by DC’s registration requirements could subject you to criminal penalties for possession of an unregistered firearm in violation of DC Criminal Code § 7-2502.01. This is a misdemeanor with a maximum penalty of 1 year in jail for a first offense and up to 5 years in jail for a second or subsequent offense. A person must carry their registration certificate whenever they carry the registered firearm.
Persons with registered firearms in DC are responsible for notifying law enforcement and filing a police report immediately upon discovery of loss, theft, or destruction of a registration certificate or registered firearm.
Transporting a firearm
A person may transport a firearm through DC while traveling from one state to another under federal law so long as the firearm is stored in the trunk or a locked container within the passenger compartment of the vehicle. The firearm must be unloaded, magazines detached, and the ammunition must be stored separately from the firearm. Brief stops for food or gas are permitted.
If you are transporting a firearm within DC and do not have a carry permit, the following must be true:
The firearm is registered in DC.
The person must be able to lawfully possess the firearm in Point A and Point B
The firearm must be unloaded and neither the firearm not ammunition shall be readily accessible or directly accessible from the passenger compartment if traveling by vehicle.
If the vehicle does not have a separate compartment like a trunk, the firearm must be in a locked container, but NOT the glove compartment or console, and must be unloaded.
If transporting a firearm in a manner other than within a vehicle, it must be unloaded, inside a locked container, and separate from any ammunition.
This does not apply to someone who does not have a carry permit and is traveling either outside of DC to a location within DC or from one location in DC to another location in DC.
Where firearms may be carried with a carry permit
Even if you possess a DC-issued carry permit, there are many locations where you are not permitted to carry a firearm. The following list of prohibited places can be found in D.C. Human Health Care and Safety Code § 7-2509.7.
(a) No person holding a license shall carry a pistol in the following locations or under the following circumstances:
(1) A building or office occupied by the District of Columbia, its agencies, or instrumentalities;
(2) The building and grounds, including any adjacent parking lot, of a childcare facility, preschool, public or private elementary or secondary school; or a public or private college or university;
(3) A hospital, or an office where medical or mental health services are the primary services provided;
(4) A penal institution, secure juvenile residential facility, or halfway house;
(5) A polling place while voting is occurring;
(6) A public transportation vehicle, including the Metrorail transit system and its stations;
(7) Any premises, or portion thereof, where alcohol is served, or sold and consumed on the premises, pursuant to a license issued under Title 25; provided, that this prohibition shall not apply to premises operating under a temporary license issued pursuant to § 25-115, a C/R, D/R, C/H, D/H or caterer license issued pursuant to § 25-113, or premises with small-sample tasting permits issued pursuant to § 25-118, unless otherwise prohibited pursuant to subsection (b)(3) of this section;
(8) A stadium or arena;
(9) A gathering or special event open to the public; provided, that no licensee shall be criminally prosecuted unless:
(A) The organizer or the District has provided notice prohibiting the carrying of pistols in advance of the gathering or special event and by posted signage at the gathering or special event; or
(B) The licensee has been ordered by a law enforcement officer to leave the area of the gathering or special event and the licensee has not complied with the order;
(10) The public memorials on the National Mall and along the Tidal Basin, and any area where firearms are prohibited under federal law or by a federal agency or entity, including U.S. Capitol buildings and grounds;
(11) The White House Complex and its grounds up to and including to the curb of the adjacent sidewalks touching the roadways of the area bounded by Constitution Avenue, N.W., 15th Street, N.W., H Street, N.W., and 17th Street, N.W.;
(12) The U.S. Naval Observatory and its fence line, including the area from the perimeter of its fence up to and including to the curb of the adjacent sidewalks touching the roadway of Observatory Circle, from Calvert Street, N.W., to Massachusetts Avenue, N.W., and around Observatory Circle to the far corner of Observatory Lane;
(13)(A) When a dignitary or high-ranking official of the United States or a state, local, or foreign government is moving under the protection of the MPD, the U.S. Secret Service, the U.S. Capitol Police, or other law enforcement agency assisting or working in concert with MPD, within an area designated by the Chief, the Chief of the U.S. Secret Service, or the Chief of the U.S. Capitol Police, or a designee of any of the foregoing, that does not include any point at a distance greater than 1,000 feet from the moving dignitary or high-ranking official; provided, that no licensee shall be criminally prosecuted unless:
(i) The law enforcement agency provides notice of the designated area by the presence of signs, law enforcement vehicles or officers acting as a perimeter, or other means to make the designated area of protection obvious;
(ii) The District or federal government has provided notice prohibiting the carrying of pistols along a designated route or in a designated area in advance of the event, if possible, and by posted signage along a route or in a designated area; or
(iii) The licensee has been ordered by a law enforcement officer to leave the designated area and the licensee has not complied with the order
(B) For the purposes of this paragraph, the term “moving” shall include any planned or unplanned stops, including temporary stops, in locations open to the public.
(14) When demonstration in a public place is occurring, within an area designated by the Chief or his or her designee, or other law enforcement agency, that does not include any point at a distance greater than 1,000 feet from the demonstration; provided, that no licensee shall be criminally prosecuted unless:
(A) The law enforcement agency provides notice of the designated area by the presence of signs, law enforcement vehicles or officers acting as a perimeter, or other means to make the designated area of the demonstration obvious;
(B) The District or federal government has provided notice prohibiting the carrying of pistols along or within a demonstration route or designated area in advance of the event, if possible, and by posted signage along a demonstration route or designated area; or
(C) The licensee has been ordered by a law enforcement officer to leave the designated area and the licensee has not complied with the order; or
(15) Any prohibited location or circumstance that the Chief determines by rule; provided, that for spontaneous circumstances, no criminal penalty shall apply unless the licensee has notice of the prohibition and has failed to comply.
(b) Except to the extent of any inconsistency with 18 U.S.C. §§ 926B and 926C, the carrying of a concealed pistol:
(1) On private residential property shall be presumed to be prohibited unless otherwise authorized by the property owner or person in control of the premises and communicated personally to the licensee in advance of entry onto the residential property;
(2) In a church, synagogue, mosque, or other place where people regularly assemble for religious worship shall be presumed to be prohibited unless the property is posted with conspicuous signage allowing the carrying of a concealed pistol, or the owner or authorized agent communicates allowance personally to the licensee in advance of entry onto the property; provided, that such places may not authorize the carrying of a concealed pistol where services are conducted in locations listed in subsection (a) of this section; and
(3) On private property that is not a residence shall be presumed to be permitted unless the property is posted with conspicuous signage prohibiting the carrying of a concealed pistol, or the owner or authorized agent communicates such prohibition personally to the licensee.
(c) Whenever a licensee carries a concealed pistol and approaches any prohibited location, or is subject to any prohibited circumstance, under subsection (a) or (b) of this section, the licensee shall:
(1) If the licensee is in a vehicle or if a vehicle is readily available, immediately secure the pistol in the manner prescribed in § 22-4504.02(b); or
(2) If the licensee does not have a vehicle available, immediately leave the prohibited location or circumstance
(d) A licensee shall not be in violation of this section:
(1) While he or she is traveling along a public sidewalk that touches the perimeter of any of the premises where the carrying of a concealed pistol is prohibited under subsection (a) and subsection (b) of this section, except for the areas designated in subsection (a)(11) and (a)(12), or along a public street, roadway, or highway if the concealed pistol is carried on his or her person in accordance with this unit, or is being transported by the licensee in accordance with § 22-4504.02; or
(2) While driving a vehicle into and immediately parking at any location listed in subsection (a)(2) of this section for the purpose of picking up or dropping off a student or a child; provided, that the licensee shall secure the concealed pistol in accordance with § 22-4504.02(b), before leaving the parked vehicle.
(e) A licensee shall not carry a pistol openly or otherwise in a manner that is not concealed.
(f) In addition to any other penalty provided by law, any person who violates this section shall be subject to revocation of his or her license.
(g) For the purposes of this section, the term:
(1) “Demonstration” means one or more persons demonstrating, picketing, speechmaking, marching, holding a vigil, or engaging in any other similar conduct that involves the communication or expression of views or grievances and that has the effect, intent, or propensity to attract a crowd or onlookers. The term “demonstration” does not include the casual use of property by visitors or tourists that does not have the effect, intent, or propensity to attract a crowd or onlookers.
(2) “Public place” means a place to which the general public has access and a right to occupy for business, entertainment, or other lawful purpose. The term “public place” is not limited to a place devoted solely to the uses of the public, and includes:
(A) The front or immediate area or parking lot of a store, restaurant, tavern, shopping center, or other place of business;
(B) A public building, including its grounds and curtilage;
(C) A public parking lot;
(D) A public street, sidewalk, or right-of-way;
(E) A public park; and
(F) Other public grounds.
(3) “Public transportation vehicle” means any publicly owned or operated commercial vehicle, including any DC Circulator bus, DC Streetcar, MetroAccess vehicle, Metrobus, or Metrorail train.
(4) “Residence” means a building wholly or partly used or intended to be used for living and sleeping by human occupants, together with any fences, walls, sheds, garages, or other accessory buildings appurtenant to the building, and the area of land surrounding the building and actually or by legal construction forming one enclosure in which such a building is located, but does not include adjacent common areas or commercial property contained in any part of the building.
Safe storage of firearms
It is highly recommended that a person store any firearm in their possession unloaded and either disassembled or secured by a trigger lock, gun safe, locked bos, or other secure device. It is unlawful for any person to store or keep any loaded firearm on any premises under their control if they knew or reasonably should know that a minor under 18 is likely to gain access to the firearm without the permission of the parent or guardian of the minor unless such person:
Keeps the firearm in a securely locked box, secured container, or in a location which a reasonable person would believe to be secure; or
Carries the firearm on his person or within such close proximity that he can readily retrieve and use it as if he carried it on his person.
If the firearm is stored at a place of business, it shall be stored in a gun safe, locked box, or other secure device affixed to the property.
Failure to comply with DC’s firearm storage laws is a criminal offense punishable by up to 180 days in jail and/or a fine up to $1,000. If the minor’s access to the firearm causes injury or death to themselves or another, the penalty jumps up to 5 years and/or a $5,000 fine. If the minor obtains the firearm due to an unlawful entry or burglary of any premises, there is no criminal liability.
Miscellaneous laws
Neither firearms nor ammunition may be loaned, borrowed, given, or rented from another person.
No firearm or ammunition may be pawned within the District of Columbia.
High capacity feeding devices that carry more than 10 rounds are illegal and carry a penalty of up to 3 years in jail. This includes a magazine, belt, drum, feed strip, or similar device that can be readily restored or converted to accept more than 10 rounds of ammunition.
It is unlawful to possess ammunition without a valid registration certificate for a firearm. Violation of this law carries a maximum penalty of up to one year in jail.
It is unlawful to possess one or more “restricted pistol bullets”, defined as”
A projectile or projectile core which may be used in a pistol and which is constructed entirely (excluding the presence of traces of other substances) from one or a combination of tungsten alloys, steel, iron, brass, bronze, beryllium copper, or depleted uranium;
A full jacketed projectile larger than .22 caliber designed and intended for use in a pistol and whose jacket has a weight of more than 25% of the total weight of the projectile; or
Ammunition for a .50 BMG rifle.
If you, a friend, or a loved one are charged with a criminal offense in the District of Columbia, or would just like advice on DC gun laws, you need an experienced criminal defense gun lawyer with special training and knowledge in this area of the law. Contact our office at 240-396-4373.
2nd UPDATE FROM THE COURTS – Maryland’s New Firearm Law
As promised in my last update regarding Maryland’s new firearm laws, portions of which went into effect on October 1st, there are additional updates. For some background, when new laws go into effect, there is often litigation regarding the constitutionality and/or interpretation of these laws in the court system. Many people have very strong feelings about guns one way or the other, so this area is ripe for legal challenges.
Since my last update, there has been an additional change – On October 2, 2023, the United States District Court for Maryland modified its September 29th order. On September 29, 2023, the court issued an injunction, prohibiting Maryland from enforcing several provisions of the new law, including the prohibition against carrying firearms in locations selling alcohol, private buildings, or property without the owner’s consent, and within 1,000 feet of a public demonstration. The provision of the law that prohibits a person from carrying a firearm in a private building or on private property without the owner’s consent may be enforced by Maryland since that provision was not part of the lawsuit challenging the law. Stay tuned for additional updates.
Morgan E. Leigh, Esq.
Markham Law Firm
Click Here to read more about Maryland’s New Firearm Law and previous updates. Call 240-396-4373 to schedule a consultation with Morgan E. Leigh, Esquire.
What You Need to Know About Maryland’s New Firearm Laws Effective October 1, 2023
UPDATE FROM THE COURTS – Maryland’s New Firearm Law
On September 29th, the United States Federal District Court for the District of Maryland issued an injunction, temporarily prohibiting Maryland from enforcing certain provisions of Senate Bill 1, which went into effect on Sunday, October 1st. The lawsuit against Senate Bill 1 requesting preliminary injunctions was granted in part and denied in part. A copy of the order is below this blog update.
What do you need to know about the judge’s order?
This ruling is a temporary court order pending the resolution of the lawsuit – Maryland can appeal the ruling. The order prevents Maryland from enforcing the prohibition against carrying firearms in locations selling alcohol, private buildings or property without the owner’s consent, and within 1,000 feet of a public demonstration. There are sure to be updates so stay tuned.
What You Need to Know About Maryland’s New Firearm Laws Effective October 1, 2023
Maryland’s new firearm laws that just went into effect on October 1st make big changes to the current legal landscape. The biggest changes in the law deal with the requirement that handguns must now be carried concealed, limiting the locations where carry permit holders may possess firearms, and imposing restrictions on how firearms are stored. The legislation adds a slew of new definitions and provides for criminal penalties for violations of the new laws. As with any major change in the law, there will no doubt be litigation on the constitutionality and interpretation of these statutes. Stay tuned for updates on the enforcement and interpretation of these laws.
Summary of changes:
Retired law enforcement officers with permits issued pursuant to the Law Enforcement Officers’ Safety Act must now carry their firearms concealed from view.
Wear and Carry permit holders must now carry their firearms concealed from view.
A person may not wear, carry, or transport a firearm in an “area for children or vulnerable individuals.”
“[A]n area for children for vulnerable individuals” is defined as:
A preschool or kindergarten facility or the grounds of the facility;
A private primary or secondary school or the grounds of the school; or
A health care facility, as defined in § 15-10B-01(G)(1), (2), (3), and (4) of the insurance article.
A person may not wear, carry, or transport a firearm in a “government or public infrastructure area.”
A “government or public infrastructure area” is defined as:
A building or any part of a building owned or leased by a unit of state or local government;
A building of a public or private institution of higher education, as defined in § 10-101 of the education article;
A location that is currently being used as a polling place in accordance with Title 10 of the election law article or for canvassing ballots in accordance with Title 11 of the election law article; or
An electric plant or electric storage facility, as defined in § 1-101 of the public utilities article;
A gas plane, as defined in § 1-101 of the public utilities article; or
A nuclear power plant facility
A person may not wear, carry, or transport a firearm in a “special purpose area.”
A “special purpose area” is defined as:
A location licensed to sell or dispense alcohol or cannabis for on-site consumption;
A stadium;
A museum;
A location being used for (i) an organized sporting or athletic activity; (ii) A live theater performance; (iii) a musical concert or performance for which members of the audience are required to pay or possess a ticket to be admitted, or an amusement park; (iv) a fair or carnival; (v) a racetrack; or (vi) a video lottery facility as defined in § 9-1A-01 of the State Government Article.
A person does not violate the law concerning concealed carry where there is a momentary and inadvertent exposure of a handgun, or the momentary and inadvertent exposure of the imprint or outline of a handgun.
A person wearing carrying or transporting a firearm may not enter or trespass in the dwelling of another unless the owner or the owner’s agent has given express permission, either to the person or the public generally, to wear, carry, or transport a firearm inside the dwelling.
The maximum penalties for violation of the law are up to 1 year in jail and a fine of up to $1000.
A person may not leave a loaded firearm in a place where they knew or should have known that an unsupervised child under 16 years old has access to the firearm.
The maximum penalty for a violation of this provision (Jaelynn’s Law) is a fine of up to $1,000.
A second or subsequent violation of this provision renders a person ineligible to possess a firearm just as if they had been convicted of a felony.
A first violation of this provision renders a person ineligible to possess a firearm if the violation involving a loaded handgun resulted in a minor causing the death or serious bodily injury to the minor or another person.
A first violation of this provision renders a person ineligible to possess a firearm for five years following the date of the conviction.
How Do I get a Carry Permit in DC?
The District of Colombia continues to have strict firearm laws, so it is imperative that you are properly licensed and any firearm(s) is/are properly registered. Possessing a firearm in D.C. without a Concealed Carry Pistol License (CCPL) is a felony and carries a maximum penalty of up to 5 years in jail and/or a fine of up to $12,500. D.C. does not have reciprocity with any state, so a permit from another state will not suffice.
The District of Colombia continues to have strict firearm laws, so it is imperative that you are properly licensed and any firearm(s) is/are properly registered. Possessing a firearm in D.C. without a Concealed Carry Pistol License (CCPL) is a felony and carries a maximum penalty of up to 5 years in jail and/or a fine of up to $12,500. D.C. does not have reciprocity with any state, so a permit from another state will not suffice.
Who is eligible to obtain a carry license in DC?
Any person who meets the following criteria is eligible to obtain a Concealed Carry Pistol License (CCPL) in the District of Colombia:
Be 21 years of age or older. (Applicants between the age of 18 and 21 may qualify to register a long gun[1] if they have a notarized statement from their parent or guardian stating that the parent or guardian assumes civil liability for all damages resulting from the applicant’s use of the firearm. This special registration, however, will expire on the applicant’s 21st birthday.)
Not stand convicted of certain weapons offenses, or a felony in this or any other jurisdiction (which includes all crimes punishable by imprisonment for a term exceeding one year).
Not be under indictment for a crime of violence or a weapons offense.
Within the previous five years:
Not stand convicted: (1) of a narcotics or dangerous drug offense; (2) under D.C. Official Code § 22-404 (assaults and threats) or § 22-407 (threats to do bodily harm), or a violation of a similar statute in another jurisdiction; (3) of two or more violations of driving under the influence of alcohol or drugs; (4) of an intrafamily offense punishable as a misdemeanor; (5) of a misdemeanor involving certain firearms violations. (6) Stalking; or (7) violation of an Extreme Risk Protection Order.
Not have been acquitted of any criminal charge by reason of insanity or adjudicated a chronic alcoholic by any court.
Not have been voluntarily or involuntarily committed to any mental hospital or institution.
Not have a history of violent behavior.
Not have been the respondent in an intrafamily proceeding in which a civil protection order or a foreign protection order was issued against the applicant.
Not appear to suffer from a physical defect which would make it unsafe to possess and use a firearm safely and responsibly.
Not have been found negligent in any firearm mishap causing death or injury to another human being.
Not otherwise be ineligible to possess a firearm under D.C. Official Code § 22-4503.
What do I have to do before I apply?
All applicants for a Concealed Carry Pistol License (CCPL) must complete the required training before a permit will be issued. An applicant may, however, apply for preliminary approval prior to completing the training. The training requirements can be found here.
CCPL applicants must complete at least 16 hours of firearm training from an MPD-certified firearm training instructor, as well as two hours of range training from an MPD-certified instructor. The training must cover the following topics:
(a) Firearm safety, including firearm safety in the home, a discussion of prevention of access by minors, locking and storing of firearms, and use of safety devices such as secure lock boxes;
(b) Firearm nomenclature;
(c) The basic principles of marksmanship;
(d) The care, cleaning, maintenance, loading, unloading, and storage of pistols;
(e) Situational awareness, conflict management, and use of deadly force;
(f) Selection of pistols and ammunition for defensive purposes; and
(g) All applicable District and federal firearms laws
Where Do I Apply?
All Concealed Carry Pistol License (CCPL) applications are reviewed and issued by the District of Colombia Metropolitan Police Department (MPD). The application can be found on the mpdc.dc.gov website, or here. Once the application and action items are completed, they must be brought to the Firearms Registration Section in person at 300 Indiana Ave. NW, Room 3077, Washington, DC 20001 during normal business hours. Call the Firearms Registration Branch at 202-727-4275 to schedule an appointment.
What Information Do I Need?
In order to successfully complete the application for a CCPL, the applicant must provide a Statement of Eligibility, information regarding their firearms training background, and the applicant’s authorization to disclose mental health records.
How Long Does It Take to get a Carry Permit in DC?
Applications will typically be approved or denied within 90 days of submission. This period may take longer if MPD deems a more extensive background check necessary.
What are the Steps for Appealing the Denial of my Carry Permit?
If your application for a CCPL is denied, an appeal process is available, but you need to act quickly. The Concealed Pistol Licensing Review Board has the authority to review appeals of application denials. First, all applicants must file their appeal within fifteen days of the Chief’s official denial notice. The appeal requires four documents to be submitted to the Review Board via email: (1) a copy of the firearms registration certificate or approved Form PD219 Application; (2) a copy of the Police Chief’s final action being appealed (i.e. the denial document); (3) a detailed description of why the Chief’s denial of the application was in error, including the current relief sought; and (4) proper authorization for representation, if an attorney is hired to assist with the appeal.
Do I need a lawyer for an appeal?
While an attorney is not required to assist in submitting an appeal, they are highly beneficial to the process and can increase the likelihood that the appeal is successful.
Do I have to register my firearms?
The District of Columbia requires that firearms be registered through MPD. This does not apply to someone who is simply traveling through the District and has the firearm(s) stored in a locked container in their vehicle and is compliant with federal interstate transport laws. You can find a guide on firearm registration on the mpdc.dc.gov website or by clicking here.
Have additional questions regarding carry permits in DC?
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