Traveling with a gun in Washington, DC can raise many issues. The standards are stringent and details count. But if the gun isn’t stored correctly, what looks like an easy excursion can turn into a legal headache. The same is true if someone is not legally allowed to possess the handgun. DC has its own transportation restrictions. Federal law also safeguards some interstate firearm travel. Understanding how these principles go together might help you avoid costly mistakes. If you have been charged already, do not try to sort it out yourself. Once the police or prosecutors are engaged, a gun case can proceed fast.
What Is the Law on Transporting Firearms?
DC law clearly lays out the regulations for transferring guns. The person must be lawfully authorized to transfer, ship or receive the handgun. The journey must also be for an authorized reason. The person must be legally authorized to own and carry the handgun at both ends of the travel. The laws of storage will depend on how you travel. If you are in a motor vehicle, the handgun shall be unloaded. The firearm and ammunition are not easily accessible from the passenger compartment. What if your car has no separate boot? If so, the firearm or ammunition must be in a locked container. The needed container does not include the glove box or the center console. That's a minor detail with a big legal punch.
What If I Carry a Gun?
DC legislation also includes transportation outside of a vehicle. The firearm must be unloaded and locked in a container. And it’s gotta stay away from the ammo, too. That means simply having a gun in a backpack without bullets isn’t enough. The manner the gun is stored makes a difference. It is contingent upon where you're going and why you're carrying it. There is an exception for those who have a valid DC concealed carry license. The only exemption is if the individual is carrying a registered weapon concealed on their person. A license does not mean all guns or all places are open season. The facts remain the facts.
What about the drivers passing through DC?
This is a question that gets asked a lot. someone living outside DC might have to travel via the District to travel interstate. That’s what the D.C. police are for. Nonresidents who travel with an unlicensed firearm through DC should pass through without stopping or changing their route, according to the MPD. The firearm must also be transported in accordance with DC law . That doesn't imply travelers are all hit with criminal charges. Certain interstate travelers are protected by federal law, 18 U.S.C. § 926A. The individual must meet the legal requirements for such protection. So don’t count on the words “I’m just passing through.” Facts are still facts.
Where does the federal law come in?
Some people can cross state lines with guns protected by federal law. Section 926A allows a person to transfer a handgun for a lawful purpose between places where he or she may lawfully possess and carry that firearm. The firearm must be UNLOADED during the travel. The firearm and ammo must not be readily accessible from the passenger area. If the vehicle does not have a separate compartment, the firearm or ammunition must be in a locked container. The glove box and console don’t count. This federal rule can matter when a person crosses state lines. But it isn’t a catch-all shield. An individual who is barred from possessing the handgun may not use interstate travel to acquire protection.
Do DC Firearms Need to Be Registered?
DC has a separate firearm registration system. District law has provisions for registration of firearms and regulation of ownership in the District. There are limited exclusions, such as those firearms controlled by government entities or certified federal firearms dealers. For nonresidents passing through, it can be another story. MPD advises if you are a non-resident carrying firearms that are not registered in D.C., you should proceed through the District without stopping or changing your path. But the gun still has to be moved legally. That’s one reason travelers shouldn’t think the rules of their home state will be the same in D.C.
What Makes a Transport Problem a Criminal Case?
A number of facts may be of concern: If a gun is loaded and being transported, a person can get in trouble. The same can happen if the firearm was easily available in the vehicle. It also depends on the person’s legal standing. DC law prohibits some types of firearm possession and carrying. Carrying a firearm without a license from the District of Columbia is a serious crime. The situation can escalate when prosecutors say the gun was tied to another crime. So it's not always a question of, 'Was there a gun in the car?' A more intelligent question: What was the gun, who owned it, where was it, and why was it there? Those nuances can influence the case.
What to Do if Police Find Your Gun?
The police may take the gun into custody as part of an inquiry. They may also ask inquiries about ownership, travel, storage and the rationale for carrying it. If you are stopped, be calm. Don’t just make something up because you’re nervous. Don't guess a rule you don't know. You also don't have to convert a traffic stop into a comprehensive presentation of your case. If you are taken into custody or asked to come down to the station, ask to see a lawyer. Keep your court paperwork and release papers. Then get your lawyer to investigate what happened.
Can a Lawyer Fight the Search?
Sometimes the search itself is part of the defense. A lawyer may look into why cops stopped the vehicle. They could look into whether the cops had a lawful basis to search the car. The lawyer will also consider where the gun was recovered and what officers said about the search. What you say at the stop can also be crucial. A defense counsel might look at the whole timeline, not just the gun. That’s where the crucial stuff often turns up.
What Should Defendants Do Going Forward?
If you are charged with a firearms infraction, don’t take it lightly. Do not post specifics of the case on line. Do not remove mails or other records. Do not contact witnesses and tell them what to say. Get your documents together and jot down your memories. Then talk to a criminal defense counsel who handles gun matters. A DC Gun Attorney can discuss your circumstances and explain your legal options if you need help. David Benowitz of Capital Criminal & DUI Defense Group defends persons charged with crimes in Washington, DC. Mr. Benowitz is a highly competent criminal defense attorney with a proven track record of defending clients. He is AV rated by Martindale-Hubbell and is a member of the National College of DUI Defense. The firm is located in Washington, DC.
It’s The Little Things
Don’t speculate about transporting firearms. A locked case, empty gun and careful storage can be important. So can your starting location, destination, reason for travel and legal status. Some interstate travelers may be protected by federal law. DC law still has its own norms and the facts must suit the appropriate legislation. If you are charged, don’t think the conclusion is predetermined. A good defense starts with a look at what really transpired.
Ask us questions We’ve answered some common questions
1. Can I take an unloaded gun with me in Washington, DC?
Yes, given the standards of DC are fulfilled, some travel is permitted. The firearm must be unloaded and not directly accessible from the passenger compartment. Other conditions related to the travel and the person's legal authority to own the pistol also exist.
2. Do I need to have a secured case when I carry a gun in my car?
That depends on the car. If the vehicle does not have a distinct compartment, under DC law, the firearm or ammunition must be in a lockable container. The glove compartment and center console are gone.
3. Are there any federal protections for people traveling through DC with guns?
Federal law protects this under 18 U.S.C. § 926A for certain interstate passengers. The person must be legally entitled to have and carry the firearm at both ends of the travel. The gun must also be emptied and stowed as necessary.
4. Can I stop in DC on the way with a firearm?
Stopping can create questions as to whether your travel still meets the facts supporting lawful interstate transportation. MPD's advice to those nonresidents with unregistered firearms is to drive through DC with no stops or change in route.
5. Should I Talk to a DC Gun Attorney After a Gun Charge?
Yes. A lawyer can examine the stop, search, storage of firearms, ownership, and justification for travel. They can also help you identify whether DC law, federal law or both are applicable to your issue.
