In these gun laws pages, we refer to both “federal gun laws” and “state gun laws.”  The major difference between the two has to do with who makes the law, who prosecutes someone who violates the law, and what the penalty is for breaking the law.

One reason why it is important for you to know that there are these two sets of gun laws is so that you can understand all of the possible ways that the abuser might be breaking the law, and you can better protect yourself.  Throughout this section, we will be referring mostly to state laws.  Be sure to also read our Federal Gun Laws pages to see if any federal laws apply to your situation as well.  You will need to read both state and federal laws to see which ones, if any, the abuser might be violating.

If you are calling the police because you believe the abuser has violated a gun law, you do not necessarily need to be able to tell the police which law was violated (state versus federal) but local police cannot arrest someone for violating federal law, only for violating state/local laws.  Only federal law enforcement, the Bureau of Alcohol, Tobacco and Firearms (“ATF”), can arrest someone for violating federal laws.  If the local police believe that a state law is being violated, they could arrest the abuser and hand the case over to the state prosecutor. If the local police believe a federal law is being violated, hopefully, the police department will notify the ATF or perhaps the U.S. Attorney’s office in your state (which is the federal prosecutor).  For information on how you can contact ATF directly to report the violation of federal gun laws, go to Who do I notify if I think the abuser should not have a gun? If the abuser is breaking both state and federal laws, s/he might be prosecuted in both state and federal court.

Under Washington, D.C. law, it is illegal for a person to have a gun if s/he:

• has been convicted in any court of a felony crime;
• is not licensed to sell weapons and has been convicted of violating that law;
• is a “fugitive from justice”;
• is addicted to any drug (controlled substance);
• was convicted within the past five years of one of the following in any state:
  • an intrafamily offense; or
  • stalking or attempted stalking;
• is subject to a civil protection order that:
  • was issued after a hearing that the respondent received actual notice of, and at which the respondent had an opportunity to participate; or remained in effect after the respondent failed to appear for a hearing that s/he was notified of;
  • restrains the respondent from assaulting, harassing, stalking, or threatening the petitioner or any other person named in the order; or requires the respondent to stay away from, or have no contact with, any other person or a location; and
  • requires the respondent to give up possession of any firearms.¹

Also, under Washington, D.C. law, a person has to first apply for a registration certificate before legally owning a firearm. The following additional people (aside from those listed above) should be denied the certificate according to Washington, D.C. law, and therefore, cannot legally possess a firearm:

• a minor;
• someone convicted of a felony in any state;
• someone convicted of or under indictment for a weapons offense (with the exception of certain infractions or misdemeanor weapons offenses);
• someone under indictment for a crime of violence;
• someone convicted within the past five years of:
  • a crime related to the use, possession, or sale of drugs;
  • assault or threatened assault in a menacing manner, stalking, threats to do bodily harm, or something similar in another state;
  • two or more violations for driving under the influence of alcohol or drugs;
  • the misdemeanor offense of improper storage of a firearm;
  • a domestic violence offense (“intrafamily offense”) punishable as a misdemeanor;
  • violation of an extreme risk protection order;
• someone who, within the past five years:
  • was acquitted of any criminal charge by reason of insanity (unless the person presents a medical certification that s/he has recovered from the insanity);
  • the court says is a “chronic alcoholic” (unless the person presents a medical certification that s/he has recovered from alcoholism);
  • voluntarily admitted him/herself to a mental health facility or was involuntarily committed to a mental health facility or to a mental institution by the court;
  • was determined to be an “incapacitated individual” or a “mental defective” by a court;
  • has had a history of violent behavior;
  • had a final civil protection order against him/her in any state (if the order expired or was vacated, s/he must wait five years from the date it ended before being eligible for the registration certificate);
• someone who currently has a final civil protection order against him/her;
• someone who currently has an ex parte or final extreme risk protection order against him/her;
• someone suffering from a physical defect (including blindness), which indicates that the applicant would not be able to possess and use a firearm safely and responsibly; or
• someone who was found by a court to be negligent in handling a firearm, which caused death or serious injury to another person.²

If any of these situations apply to the abuser, it may be illegal for him/her to have a gun. Also, federal laws, which apply to all states, restrict an abuser’s right to have a gun if you have a restraining order against him/her that meets certain requirements. Go to Federal Gun Laws to get more information.

¹ DC Code § 22-4503(a)
² DC Code § 7-2502.03(a)

Washington, D.C. law does not prohibit an abuser who has a temporary protection order against him/her from possessing a firearm. However, you may be able to request in your petition for a temporary protection order that the judge prohibit the abuser from possessing a gun while the order is in effect since there is a section where the petitioner can request “additional protections.” It may be helpful if you list the known firearms that s/he has (or the possible access to firearms) and specifically request in your paperwork that the abuser be prohibited from possessing firearms while your temporary order is in effect.

In Washington, D.C., the firearm ban should automatically be written on your civil protection order, informing the abuser that s/he cannot possess, purchase, receive or sell any firearm or ammunition.

You may also want to ask the judge to specifically write in the terms of the order that the abuser must give up his/her firearms. It also may be helpful if the judge:

• requires the abuser to give his/her guns to the police, or requires the police to go to the abuser’s house and get them;
• makes it clear to both you and the abuser how long the guns will be kept away from the abuser;
• orders that the police notify you when the guns are returned to the abuser.

Under Washington, D.C. law, it is illegal for a person to have a gun if s/he:

• has been convicted in any court of a felony crime;
• is not licensed to sell weapons and has been convicted of violating that law;
• is a “fugitive from justice”; or
• was convicted within the past five years of one of the following in any state:
  • an intrafamily offense; or
  • stalking or attempted stalking.¹

Also, under Washington, D.C. law, a person has to first apply for a registration certificate before legally owning a firearm. The following additional people (aside from those listed above) should be denied the certificate according to Washington, D.C. law, and therefore, cannot legally possess a firearm:

• someone convicted of a felony in any state;
• someone convicted of or under indictment for a weapons offense (with the exception of certain infractions or misdemeanor weapons offenses);
• someone under indictment for a crime of violence;
• someone convicted within the past five years of:
  • a crime related to the use, possession, or sale of drugs;
  • assault or threatened assault in a menacing manner, stalking, threats to do bodily harm, or something similar in another state;
  • two or more violations for driving under the influence of alcohol or drugs;
  • the misdemeanor offense of improper storage of a firearm;
  • a domestic violence offense (“intrafamily offense”) punishable as a misdemeanor;
  • violation of an extreme risk protection order; or
• someone who, within the past five years, was acquitted of any criminal charge by reason of insanity (unless the person presents a medical certification that s/he has recovered from the insanity).²

If any of these situations apply to the abuser, it may be illegal for him/her to have a gun. Also, federal laws, which apply to all states, restrict an abuser’s right to have a gun if you have a restraining order against him/her that meets certain requirements. Go to Federal Gun Laws to get more information.

¹ DC Code § 22-4503(a)
² DC Code § 7-2502.03(a)

If you think the abuser is violating state firearm laws, you can call your local police or sheriff department or the state police.  If you think the abuser is violating federal firearm laws, you can call the Bureau of Alcohol, Tobacco and Firearms (ATF).

You can find contact information for sheriff departments in your area on our DC Sheriff Departments page.

You can find ATF field offices in Washington, D.C. on the ATF website.  For reporting illegal firearm activity, a person can also call 1-800-ATF-GUNS (1-800-283-4867).  Many ATF offices have victim advocates on staff (called “victim/witness coordinators”) and so perhaps you may ask to speak one of these advocates if you are having a hard time connecting with (or receiving a call back from) an ATF officer.

A local domestic violence organization in your area may also be able to answer your questions and assist you in talking to the necessary law enforcement officials.  You will find contact information for organizations in your area on our DC Advocates and Shelters page.

Note: Generally, the abuser does not have to have knowledge of the law in order to be arrested for breaking the law.  If the abuser has or buys a gun in violation of the law, the abuser can be arrested, whether or not s/he knows that s/he was in violation of the law.¹

¹United States v. Lippman, 369 F. 3d 1039 (8th Cir. 2004); United States v. Henson, 55 F. Supp. 2d 528 (S.D. W.V. 1999)

A person who violates Washington, D.C.’s criminal law regulating gun possession (which is explained in I am a victim of domestic violence and the abuser has a gun. Is that legal?) can be punished as follows:

• for violating the prohibition against convicted felons having a gun, s/he can be sentenced to between 1 year and 15 years in prison (depending on his/her criminal history), subject to a fine of up to $37,500, or both;¹ and
• for violating any other section of the law (including having a gun while there is a civil protection order against him/her), s/he can be sentenced to between 2 to 10 years in prison, subject to a fine of up to $10,000, or both.¹

Also, anyone who has or buys a gun in violation of the federal firearm law can be punished by a fine, jail time for up to 10 years, or both.³  For more information, see our Federal Gun Laws page.

¹ DC Code §§ 22-4503(b)(1), (b)(3); 22-3571.01(b)(8)
² DC Code §§ 22-4503(c); 22-3571.01(b)(7)
³ 18 USC § 924(a)(2)

In Washington, D.C., in addition to convicted criminals and respondents in protection order cases, the following people cannot possess firearms.

It is illegal for to possess a firearm if the person:

• ​is a “fugitive from justice”; or
• is addicted to any controlled substance (drug).¹

Also, under Washington, D.C. law, a person has to first apply for a registration certificate before legally owning a firearm. The following additional people (aside from those listed above) should be denied the certificate according to Washington, D.C. law, and therefore, cannot legally possess a firearm:

• a minor;
• someone under indictment for a weapons offense (with the exception of certain infractions or misdemeanor weapons offenses);
• someone under indictment for a crime of violence;
• someone who, within the past five years:
  • was acquitted of any criminal charge by reason of insanity (unless the person presents a medical certification that s/he has recovered from the insanity);
  • the court says is a “chronic alcoholic” (unless the person presents a medical certification that s/he has recovered from alcoholism);
  • voluntarily admitted him/herself to a mental health facility or was involuntarily committed to a mental health facility or to a mental institution by the court;
  • was determined to be an “incapacitated individual” or a “mental defective” by a court; or
  • has had a history of violent behavior;
• someone suffering from a physical defect (including blindness), which indicates that the applicant would not be able to possess and use a firearm safely and responsibly;
• someone who currently has an ex parte or final extreme risk protection order against him/her; or
• someone who was found by a court to be negligent in handling a firearm, which caused death or serious injury to another person.²

If none of these situations apply, you can still make a plan for your safety. See our Staying Safe page for more information. You can also contact your local domestic violence organization for additional help. You may want to talk to them about whether leaving the area - either long term or for a little while - might help improve your safety. See our DC Advocates and Shelters page to find a local domestic violence organization near you.

For additional information on gun laws in the District of Columbia, you can go to the Giffords Law Center website.

Also, federal laws, which apply to all states, restrict an abuser’s right to have a gun under other circumstances. Go to Federal Gun Laws to get more information.

¹ DC Code § 22-4503(a)
² DC Code § 7-2502.03(a)