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.

Setting Aside Criminal Convictions in the District of Columbia

Compared to many jurisdictions, the District of Columbia has very strict expungement and sealing laws, but did you know that if you were under the age of 25 (24 and under) at the time the offense was committed, you can ask the court to set aside your criminal conviction(s)? This article will discuss the eligibility and process for wiping away a criminal conviction in the District of Columbia – it does not matter whether the conviction was a felony or a misdemeanor.

Science has shown that the human brain does not completely develop until a person is in their mid 20s – specifically the prefrontal cortex, which is responsible for executive functioning, impulse control, and regulation of emotions. Courts are slowly catching up to science, and DC’s Youth Rehabilitation Act (YRA) recognizes that a human being if often a very different person at age 35 than they were at age 21.

The YRA gives a person who committed a criminal offense at a young age the opportunity to move beyond that criminal conviction and put it completely in the past. It’s no secret that criminal convictions can wreak havoc on a person’s life for decades after the offense. It can prevent someone from exercising their Second Amendment rights, getting a job, and even renting an apartment. It can also cause shame and embarrassment even though a person may have successfully completed probation, paid their dues to society, and gone on to be a valuable and productive member of their community.  

Who is eligible for setting aside a conviction under the YRA?

First, the person must have been a “youth offender” at the time that the offense was committed. It does not matter what date the conviction became final – the focus is on the date that the crime was committed. A “youth offender” is defined as someone 24 years of age or younger at the time that the person committed a crime. Certain criminal convictions are not eligible for a YRA set aside – these include murder, first- and second-degree murder that constitutes an act of terrorism, first- and second-degree sexual abuse, and first degree child abuse. So, if you were 24 years or younger and NOT convicted of one of the forementioned crimes, you are eligible to request a YRA sentence and subsequent set aside of the conviction.

What are the YRA sentencing options?

Before I get into what the court is going to focus on to determine whether a YRA conviction set aside is appropriate, I want to briefly touch on the sentencing options available to youth offenders that are currently involved in the system. A court may suspend a sentence as opposed to placing a youth offender in jail if the court determines that a youth offender would be better served by probation instead of confinement and shall require the completion of 90 hours of community service unless the court determines that community service would be unreasonable. The court may also issue a sentence less than any mandatory minimum term that may otherwise be applicable. 

What are the options for setting aside a prior conviction under the YRA?

Even if the YRA was not an available option at the time of the criminal conviction, a person may later petition the court for a YRA disposition and conviction set aside. In exercising its discretion, the court will consider:

(A) The youth offender's age at the time of the offense;

(B) The nature of the offense, including the extent of the youth offender's role in the offense and whether and to what extent an adult was involved in the offense;

(C) Whether the youth offender was previously sentenced under this subchapter;

(D) The youth offender's compliance with the rules of the facility to which the youth offender has been committed, and with supervision and pretrial release, if applicable;

(E) The youth offender's current participation in rehabilitative District programs;

(F) The youth offender's previous contacts with the juvenile and criminal justice systems;

(G) The youth offender's family and community circumstances at the time of the offense, including any history of abuse, trauma, or involvement in the child welfare system;

(H) The youth offender's ability to appreciate the risks and consequences of the youth offender's conduct;

(I) Any reports of physical, mental, or psychiatric examinations of the youth offender conducted by licensed health care professionals;

(J) The youth offender's use of controlled substances that are unlawful under District law;

(K) The youth offender's capacity for rehabilitation;

(L) Any oral or written statement provided pursuant to § 23-1904 or 18 U.S.C. § 3771 by a victim of the offense, or by a family member of the victim if the victim is deceased; and

(M) Any other information the court deems relevant to its decision

With respect to this last catchall factor, subsequent criminal contact with the criminal justice system is one of the biggest factors that a court will consider. The more recent the subsequent conviction, the more effect it will have on the court’s decision. In addition, the court will look at the age of the youth offender at the time of any subsequent convictions.

What does a YRA set aside actually mean?

A YRA set aside means that the conviction is vacated and removed from a criminal record entirely and the youth offender is placed in the same position they were in prior to the conviction.

How can an attorney help me get my conviction set aside?

An attorney can assist by gathering relevant facts and evidence to show the court that a conviction should be set aside. The attorney can write a persuasive memorandum of law and attach exhibits and respond to any opposition from the government. An attorney can also prepare their client for a hearing to give them the best possible chance of success.   Contact Markham Law Firm at 240-396-4373 to set up a consultation today. 

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What You Need to Know about Anti-Stalking Protective Orders in DC

What is an anti-stalking order?

An anti-stalking order is a two-year court order that directs a person to refrain from committing or threatening to commit criminal offenses against the Petitioner. The order also directs the Respondent to stay away from or have no contact with the Petitioner and any other individuals or locations specified in the order. The “Petitioner” is the person who files a request for a protective order, and the “Respondent” is the person who is served with the protective order. The court may order additional conditions as it believes necessary to protect the Petitioner, such as relinquishing possession of jointly owned property. A Respondent who has a protective order is required to relinquish any firearms and may not own any firearms during the duration of the order.

Who is eligible to obtain an anti-stalking order?

A Petitioner who can show by a preponderance of the evidence, or more likely than not, that the Respondent committed an act of stalking within 90 days of the filing of the petition is eligible for an anti-stalking order. Unlike a protective order, there does not need to be a specific relationship between the parties – it is the act of stalking that makes the Petitioner a person eligible for an anti-stalking order.

What is the definition of “stalking”?

Stalking is engaging in a course of conduct directed at a specific person with the intent to cause that person to 1) fear for their safety or the safety of another person; 2) feel seriously alarmed, disturbed, or frightened; or 3) suffer emotional distress. Where a single act is of a continuing nature, each 24-hour period constitutes a separate occasion, regardless of whether the conduct is the same on each occasion.

What conditions could a court order if an anti-stalking order is issued against the Respondent?

In addition to ordering the Respondent to stay away from or have no contact with the Petitioner, the court can order the Respondent to pay costs and attorneys’ fees, surrender firearms, and stay away from animals belonging to the Petitioner. The court can order the Respondent to vacate a shared home and relinquish shared property. Courts have wide discretion in fashioning orders to protect a Petitioner, so there could be additional requirements that a court deems appropriate.

 How do I obtain an anti-stalking order?

The first step in getting an anti-stalking order is to file a Petition with the court. This can be done online through the court’s website or in person. If the Petitioner is requesting a temporary anti-stalking order, then they will appear before a judge the same day or the next business day to state under oath why they are requesting protection from the petitioner. If temporary order is not granted or the Petitioner is not requesting a temporary order, then a final protective order hearing will be held within 14 days.

What should I do if I am served with an anti-stalking order?

First, do not contact the Petitioner under any circumstances, or you could face criminal charges. Second, you should gather all evidence that tends to support your case, including texts, emails, videos, social media posts, and any other documents. While an anti-stalking order is a civil proceeding, there are often related criminal cases. If you are also charged criminally, it is very important that you consult with an experienced criminal defense attorney who also has experience with anti-stalking orders. You can decide to consent to the order if you do not want to have a contested hearing and risk a judicial finding being made against you that you committed an act of stalking.

What happens at the final hearing?

First, the parties will likely speak with a court mediator prior to appearing before the judge. If the case cannot be resolved with the mediator, then the Respondent can choose to consent to the order without a finding, or the Respondent can request a hearing. If there is a hearing, the Petitioner has the burden of showing by a preponderance of the evidence that the Respondent committed an act of stalking within 90 days prior to filing the petition. Both parties should be prepared to call any witnesses or introduce any evidence that supports their case.

Do I have to have a lawyer?

While a lawyer is not required since this is a civil proceeding, hiring a lawyer can be very helpful in understanding the process and consequences. A lawyer can negotiate with the opposing party and use their knowledge of the rules of evidence at the contested hearing. A lawyer can reduce stress by guiding their client through the entire process from filing a protective order to serving a protective order to defending against a protective order.  Anti-stalking orders can have serious consequences for a Respondent, especially if the Respondent shares a home or children with the Petitioner. In addition, anti-stalking orders can be a problem if the Respondent has a security clearance for their job.

Contact our office at 240-396-4373 to schedule a consultation today.

What You Need to Know About Civil Protection Orders in the District of Columbia

What is a protective order?

A protective order is a court order that lasts for up to two years that prohibits another person from contacting, attempting to contact, harassing, or stalking another person. The “Petitioner” is the person who files a request for a protective order, and the “Respondent” is the person who is served with the protective order. A protective order can also grant temporary custody of children to the Petitioner and order the Respondent to vacate the home if the parties live together. Violation of a protective order is a criminal offense that carries jail time and financial penalties.

Who is eligible for a protective order?

To obtain a protective order, there must be a specific relationship between the Petitioner and the Respondent. The Petitioner may file a protective order against a person who has committed or who has threatened to commit an intrafamily offense against the Petitioner, an act of animal cruelty against the Petitioner’s animal, sexual assault, or sex trafficking of the Petitioner. An “intrafamily offense” is a criminal offense that has been committed against an intimate partner, a family member, or a household member, or as an offense punishable as animal cruelty against an animal that an intimate partner, family member, or household member possesses, owns, or controls.

What is a temporary protective order (TPO), and is a TPO always issued before a final protective order hearing?

The court may issue a temporary protection order if the petitioner or a person petitioning on the petitioner's behalf establishes that the safety or welfare of the petitioner, or an animal the petitioner owns, possesses, or controls, is immediately endangered by the respondent. A temporary protection order shall remain in effect for an initial period not to exceed 14 days as necessary to complete service and the hearing on the petition. The court may extend a temporary protection order as necessary to complete service and the hearing on the petition. If a judge declines to grant a TPO but the court finds that there is good cause to believe that the Respondent has committed or threatened to commit an intrafamily offense or animal cruelty, then a final protective order hearing will be scheduled.

Am I entitled to see the other party’s evidence before the hearing?

Unlike a criminal case or a typical civil lawsuit, a party in a protective order proceeding is not automatically entitled to see the other party’s evidence. A judge has the discretion to order that discovery (or evidence) be produced upon motion of a party if it finds good cause to do so.

How do I get a protective order?

The first step in getting a protective order is to file a Petition with the court. This can be done online through the court’s website or in person. If the Petitioner is requesting a TPO, then they will appear before a judge the same day or the next business day to state under oath why they are requesting protection from the Petitioner. If a TPO is not granted or the Petitioner is not requesting a TPO, then a final protective order hearing will be held within 14 days.

How long does a protective order last?

A TPO can last up to 14 days pending the hearing on the final protective order. A final protective order can last for a maximum of two years from the date that the final order is issued.

What should I bring to the final protective order hearing?

Regardless of whether you are the Petitioner or the Respondent, bring all evidence that tends to support your case to the final hearing. You should print out text messages, social media posts, emails, or other documents as opposed to trying to introduce them into evidence through your phone or computer. Either party may call witnesses to testify on their behalf.

What if I am accused of violating a protective order?

Since violation of a protective order is a criminal offense, you should immediately consult with an experienced attorney who can advise you of the criminal process and assist you in your defense. Do not make any statements to the police or anyone else because anything you say can and will be used against you.

Do I Need a Lawyer to File for a Protective Order or Defend Myself Against One?

While a lawyer is not required since this is a civil proceeding, hiring a lawyer can be very helpful in understanding the process and consequences. A lawyer can negotiate with the opposing party and use their knowledge of the rules of evidence at the contested hearing. A lawyer can reduce stress by guiding their client through the entire process from filing a protective order to serving a protective order to defending against a protective order. Protective orders can have serious consequences for a Respondent, especially if the Respondent shares a home or children with the Petitioner. In addition, protective orders can be a problem if the Respondent has a security clearance for their job.

Contact our office at 240-396-4373 to schedule your consultation with one of our skilled attorneys.

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.