District of Columbia

(as of March 1979)

Please Note: In addition to District of Columbia laws, the purchase, sale and (in certain circumstances) the possession and interstate transportation of firearms is regulated by the Federal Gun Control Act of 1968 and Title VII of the Omnibus Crime Control and Safe Streets Act. Details may be obtained by contacting local law enforcement authorities, and by consulting the ``State Laws and Published Ordinances--Firearms'', available from the U.S. Government Printing Office, Washington D.C. 20402.

Quick Reference Chart

                          Rifles and
                          Shotguns     Handguns
                          _____________________
Permit to Purchase           Yes        Yes* 
Registration of Firearm      Yes        Yes
Licensing of Owner           Yes        Yes
Permit to Carry              Yes        Yes
  * Permit required to carry concealed.
Note: The District of Columbia has two sets of laws applicable to firearms. One, passed by Congress, is part of the D.C. Code (Section 22:3201-3217) and regulates the purchase, possession and carrying of firearms. A newer law, passed in 1976 by the D.C. City Council, requires all firearms to be registered, all owners to be licensed, and prohibits the sale of new handguns. It also prohibits anyone from bringing a handgun into the District or transporting a handgun through the city.

This digest summarizes both the Congressional law and the City Council law. In many respects, the City Council law duplicates, and adds additional restrictions on possession and purchase of firearms. In some instances, the superimposed requirements of the City Council law conflict with the D.C. Code requirement.

Readers are cautioned that obeying the law requires compliance with both laws (or, in the the case of conflict, the stricter of the two).

Possession

Rifles and Shotguns

All rifles and shotguns must be registered with the Metropolitan Police. To obtain a registration certificate, the applicant must be 21 years old (or be over 18 and have a liability statement signed by his guardian), pass a vision test or have a valid D.C. driver's license, and not be:

  1. Convicted of a crime of violence or a weapons offense.
  2. Under indictment for a crime of violence.
  3. Convicted of a narcotics, assault or battery charge within the last five years.
  4. Acquitted of a crime by reason of insanity or adjudicated an alcoholic within the past five years.
  5. Committed to a mental hospital within the past five years.
  6. Suffering from a physical defect which might render his possession of a gun unsafe.
  7. Found negligent in any firearm mishap.
No firearm may be acquired unless an application is first filed with the Metropolitan Police Department and a registration certificate issued.

Any person bringing a rifle or shotgun into the District must ``immediately'' notify the Identification and Records Division. An application for registration must be filed within 48 hours after such notification.

Handguns

No handgun can be legally possessed in the District unless it is registered. All handguns registered in the District prior to Sept. 23, 1976, were required to have been re-registered by Feb. 5, 1977. After that date, no more handguns could be registered.

Thus it is unlawful to possess, acquired, or bring into D.C. any handgun which was not registered as of Feb. 5, 1977.

Purchase

Rifles and Shotguns

A person may buy or sell a firearm only from or to a licensed dealer in the District. Delivery cannot be made until the registration certificate for the firearm is approved by the Metropolitan Police Dept. Ammunition may be bought only for the caliber or gauge of a firearm registered to the buyer.

Handguns

The sale of handguns in the District is prohibited.

Carry

Carrying a handgun in the District is prohibited.

All firearms are to be kept at one's home or place of business.

All firearms must be unloaded and disassembled or locked with a trigger lock except when kept at a registrant's place of business or while being used for lawful ``recreational'' purposes.

Self-defense in one's home with a firearm is therefore legally precluded.

Non-Residents

Non-residents are prohibited (subject to the recreational activity exception) from carrying or possessing a firearm while traveling through the District unless the gun has been registered with the Metropolitan Police.

Note: As a practical matter, the police have advised that they will not interfere with non-residents passing through the District with a firearm, providing the person does not stop, and the firearm is unloaded, securely wrapped and carried in the trunk.

Recreational Activity Exception

Residents and non-residents of the District may possess firearms while going to or from and while engaged in lawful recreational firearms-related activity, provided that their firearms are legally possessed in their place of residence. In addition, the person should be able to ``exhibit proof'' that he is on his way to such an activity and must transport the firearm ``unloaded, securely wrapped and carried in open view.''

Note:A district resident must ensure that his firearms are registered with the police and he may not borrow, loan, give or rent another person's firearms.

Antiques and Replicas

Antiques, defined as ``any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system manufactured in or before 1898'' are exempt from the above regulations.

Replicas of antique firearms ``not designed or redesigned for using rimfire or conventional centerfire fixed ammunition'' or which use ammunition which is no longer manufactured and not readily available also are exempt from the above regulations.

Note The reader should be aware that there is a problem with conflicting definitions of replicas. The old Code only exempted pistols ``unsuitable for use'' from the statutory restrictions. The D.C. police have advised that they are not registering replicas, but a loaded operational replica will be considered a ``lethal weapon'' and cannot be possessed in that condition.

Machine Guns

Machine guns, which are defined as firearms which automatically fire more than one shot by a single function of the trigger and includes semi-automatic weapons which fire more than 12 shots without manual reloading are prohibited.

NoteThis prohibition extends to all semi-automatic firearms which can be fitted with a clip or magazine containing 12 or more cartridges. This includes .22 caliber rifles with 15 shot tube magazines as well as automatic pistols with 14 shot clips.

Miscellaneous

D.C. residents are prohibited from the purchase of firearms in contiguous states.

Any person who commits a crime of violence ``when armed with or having readily available any pistol or other firearm (or imitation thereof)" shall, in addition to the sentence received for the crime itself, also receive an additional sentence.

It is unlawful to possess any firearm, including an imitation handgun, with intent to use it unlawfully against another.

It us unlawful to change alter, remove, or obliterate the maker's name, manufacturer's number or other mark of identification on any handgun. Possession of a handgun with an altered mark shall create a legal presumption that the possessor committed the offense.

Caution: The D.C. firearms law is subject to frequent change. The above summary is not to be considered as legal advice or restatement of law. To determine the applicability of these laws to specific situations which you may encounter, you are strongly urged to consult a local attorney. 

   (c)  1979 NRA Institute for Legislative Action.
                Permission to reprint 
   granted with appropriate credit to NRA Institute.

                                      ILA 20/M 8-79