Understanding the Laws Guiding Criminal Weapons Possession in Washington, DC

In Washington, DC, and the United States, citizens generally have a legal right to bear firearms. That is, under the United States Constitution, you can own and possess a gun, except in certain conditions. The law prohibits certain people from possessing a firearm, and there is a limit to how and when one can use the gun.

Furthermore, not every weapon is legal in the United States; some are illegal, regardless of the circumstances. This article provides a guide to criminal weapons possession laws in Washington, DC.

What Is the Legal Definition of Criminal Weapons Possession?

Criminal weapons possession is an unlawful possession of a firearm and a crime where the defendant is guilty of owning an illegal weapon. “The charges leveled against the defendant charged with criminal weapons possession will generally depend on the type of weapon involved,” says Platinum Criminal Defense Lawyer David Benowitz. Also, an individual may face this criminal offense if they are legally prohibited from owning or possessing a firearm.

What Weapons Are Considered Unlawful in Washington, DC?

While citizens have a right to own and possess a firearm, some weapons are illegal. Possessing these types of weapons is considered illegal under Washington, DC law and is punishable if found guilty. For a firearm to be lawful, it must have certain markings, such as the manufacturer’s name, serial numbers, and gauges or calibers. However, a firearm with a serial number can still be considered unlawful, particularly if the serial number is filed off.

Some of the unlawful weapons, according to the law in Washington, DC, include:

Assault weapons
Sawed-off shotguns
Silencers
Machine guns

Unlawful Use and Users of a Firearm in DC

Some people are not allowed to own or possess a firearm in DC or the United States. Generally, this includes felons and convicts of other offenses, such as misdemeanor crime of domestic violence. Also, individuals with serious mental health conditions, a protection order, or controlled substance abuse are unlawful users of firearms.

Furthermore, there are instances when using a firearm is unlawful, even if the weapon is lawfully owned. In other words, a lawfully owned firearm can still be used to commit a crime. For example, carrying a concealed gun or handling a firearm while intoxicated is considered unlawful, even if you own the gun.

The Different Types and Elements of Firearm Possession

Firearms are the most commonly used weapons in a possession charge in Washington, DC. Under federal law, firearms generally include shotguns, handguns like pistols and revolvers, starter guns, and rifles. Pellet or air guns are not considered firearms, nor are antique firearms.

The elements of criminal weapons possession can be constructive or actual, both of which generally require showing possession. In constructive possession, the weapon is in the area of the individual’s control, and they are aware of its existence or presence. For example, driving around with a gun in your glove box is constructive possession, while having it in your pocket is actual possession.

Lawful Purposes Allowed by DC for a Firearm

In Washington, DC, and under federal law, felons are not allowed to own or possess a firearm. “Felons” encompass individuals who have been convicted of a crime punishable by more than one year of incarceration. If a person is convicted of certain drug offenses or violent crimes, they are limited from gun ownership.

In Washington, DC, guns are allowed to be used for many lawful purposes, such as self-defense of property, life, and home. They can also be used for target practice, marksmanship, lawful hunting, and in a place of business. Members of the armed forces and law enforcement officers, including police officers, are also lawful users.

Conclusion

The laws governing gun possession at the state level differ from those at the federal level. Typically, federal gun laws take effect when a firearm is crossing international borders or state lines. Therefore, if you are leaving DC and intend to travel with your gun, ensure you are aware of the state’s gun laws and requirements.