Weapon Charges in District of Columbia in DC… | CGMIMM
Criminal Defense · DC
Weapon Charges in District of Columbia
District of Columbia weapons charges range from misdemeanor possession to felony armed-criminal-action. Federal § 922(g) lifetime bars apply on top of state law.
Published May 7, 2026
## Weapon charges in District of Columbia
Weapons offenses combine state-specific possession / carry / use rules with strict federal prohibitions on certain classes of people.
## Common weapon charges
**1. Felon in possession.** Federal 18 U.S.C. § 922(g)(1) — convicted felons cannot possess firearms or ammunition. Lifetime ban. State laws often parallel.
**2. Carrying a concealed weapon (CCW) without permit.** Required permit in many states; permitless carry in 28+ states. Permit-state violations are typically misdemeanors first offense, escalating with priors.
**3. Unlawful possession of a firearm.** Possession by:
- Felons
- Domestic violence misdemeanants (Lautenberg, § 922(g)(9))
- Persons subject to qualifying restraining orders (§ 922(g)(8))
- Persons adjudicated mentally defective
- Drug users (including marijuana — federal preemption)
- Illegal aliens
- Dishonorably discharged
- Renounced citizenship
- Fugitives
- Persons under indictment
**4. Possession in prohibited locations:**
- Schools and grounds
- Government buildings
- Courthouses
- Sterile airport areas
- Federal property
- Posted private property
- National parks (limited)
- Military installations
**5. Possession during commission of a crime.** Major sentencing enhancement in nearly every state. Federal § 924(c) adds 5+ years for using firearm during drug trafficking / violence.
**6. Straw purchase.** Buying for a prohibited person — federal felony.
**7. Falsifying ATF Form 4473.** Federal felony.
**8. NFA violations:**
- Unregistered short-barreled rifle (SBR)
- Unregistered short-barreled shotgun (SBS)
- Unregistered suppressor
- Unregistered machine gun
- Possession of full-auto switches / drop-in conversions
**9. Brandishing / displaying.** Pointing at another or displaying menacingly = assault, often elevated.
**10. Concealed carry violation.** Carrying without proper permit in permit-required state.
**11. Illegal modifications:**
- Solvent traps used as suppressors without registration
- Auto-sears / Glock switches
- Bump stocks (federally banned 2019; status uncertain post-litigation)
- Magazine capacity above state limits
- Assault-weapon features prohibited by state
**12. Sale to prohibited person.** Selling to someone you knew or should have known couldn't legally possess.
## Federal vs state prosecution
**Federal jurisdiction** applies for:
- NFA violations
- Felon-in-possession (§ 922(g))
- Crimes affecting interstate commerce
- Use of firearm in drug-trafficking / violence (§ 924(c))
- Operating without FFL
- Smuggling firearms across borders
Federal sentences are typically much harsher — § 922(g) carries up to 10 years; armed-career-criminal status (§ 924(e)) imposes 15-year mandatory minimum for felons with 3 violent / drug priors.
## Constitutional defenses
- **2nd Amendment challenges** — post-Bruen (2022), more challenges succeeding
- **4th Amendment** — illegal stop / search of weapon
- **5th Amendment** — coerced statements
- **6th Amendment** — right to counsel violations
- **"Bruen test"** — historical-tradition analysis of regulation
Many post-Bruen 2nd Amendment challenges target:
- Felon-in-possession (some non-violent felons winning)
- Domestic-violence misdemeanant bans (mixed results)
- Drug-user bans
- Unregistered NFA prosecution
- Specific state restrictions
## Common factual defenses
- **Constructive possession** challenges — wasn't actually mine
- **Knowledge** — didn't know item was prohibited
- **Identification** — wrong person
- **Permit** — actually had valid permit
- **Necessity / self-defense** — temporary possession to defend self
- **Reciprocity** — out-of-state permit valid
## Sentencing enhancements
Weapons crimes commonly trigger:
- **Mandatory minimum sentences** (state and federal)
- **Federal § 924(c)** — 5+ years consecutive for use during drug / violent crime
- **Armed Career Criminal Act (ACCA)** — 15-year minimum for felons with 3 priors
- **State "10-20-life"** statutes (FL, AZ, others) — fixed minimums based on use
- **Three-strikes** enhancements
## Collateral consequences
Weapons convictions add:
- Federal lifetime firearm prohibition (felony convictions)
- State firearm rights revocation
- Voting rights (felony, varies)
- Employment foreclosed (security, military, government)
- Professional licenses (medical, law, teaching, real estate)
- Immigration consequences (deportable for non-citizens)
- Loss of CCW permit if ever held
## Restoration of firearm rights
Possible paths:
- **Federal pardon** (extremely rare)
- **Expungement / set-aside** in some states (varies on whether it restores firearm rights)
- **Reduction to misdemeanor** (varies)
- **Civil rights restoration** (some states automatic; others require petition)
- **State-specific firearm-rights restoration** procedures
- **Successful appeal of underlying conviction**
Federal restoration via petition to ATF was historically possible but UNFUNDED since 1992 — effectively unavailable.
## What you should do
Weapons charges are serious — particularly federal cases. Hire criminal-defense counsel with weapons-charge experience IMMEDIATELY. Don't talk to ATF / police. Don't consent to home / vehicle searches. Don't post about weapons on social media. Most District of Columbia criminal-defense attorneys handling weapons cases offer free initial consultations.
---
*This guide is general information about District of Columbia and federal law as of early 2026 and is not legal advice. Weapons law shifts with court decisions and legislation. Talk to a licensed District of Columbia criminal-defense attorney about your specific case.*
This guide is for general information only and does not constitute legal advice. Laws change and outcomes depend on your specific situation — talk to a licensed attorney before acting on anything you read here.