Gun laws in DC are some of the strictest in the country, and are often prosecuted harshly when a violation is alleged to have occurred. There is no free pass for any gun related crimes and in fact, someone accused of a gun-related offense can expect to be arrested and held in custody for some length of time. In situations where a gun is found either on or around an individual or their belongings, police and prosecutors make sure that that individual is arrested, an investigation is done, and charges are filed. With this attitude in mind, it is imperative that anyone facing a gun related offense consult with a DC gun lawyer as soon as possible to begin building a defense. An experienced attorney can help not only in navigating their client through the legal process but also by mitigating the damage of their charge.
One factor that makes gun laws stricter in DC is that guns are so readily accessible and available in nearby jurisdictions. Enforcing strict gun laws in DC is a priority of prosecutors. To procure a gun, a person need only cross the river.
There are residential requirements, but if someone has lawfully purchased a gun in Virginia and wants to privately sell it to somebody else, under the law, they generally can do so. However, they cannot do it physically in DC because no one can possess an unregistered gun in DC legally (with certain exceptions, such as police and on-duty military personnel).
One of the reasons that gun laws are so strictly enforced is to try to stop that flow of illegal guns coming in by having a zero tolerance policy towards gun possession in DC.
With the first elected Attorney General of DC, Karl Racine, there is a change to some degree in the attitudes about and prosecutions of misdemeanor gun offenses handled by the Office of the Attorney General, such as possession of an unregistered firearm.
Previously any request for a diversion on a gun case was denied. That has softened somewhat. A diversion program is no longer outright banned by the prosecution. Under a diversion program, a person charged with a misdemeanor gun offense can complete community service, stay out of trouble, have their charges dropped, and their case dismissed. Now, in certain exception cases, the Office of the Attorney General extends such diversion offers. Those are still uncommon, and while not a change in the gun law in DC, it is a change in the position of that prosecutorial agency.
If someone wants more information about gun laws to ensure that they are not arrested for illegal possession of a firearm in DC, the best resource is an experienced gun attorney who specifically handles defending firearms cases in DC. Many people search online to research gun laws in DC, where they may be directed to the Metropolitan Police Department and can find information about the gun laws in DC. However, there may be further information that is applicable to their situation or the laws could have changed over the years based on court decisions interpreting them. Further, whether and to what extent the laws are currently being enforced by prosecutors is not written anywhere into the law. Therefore, the best advice for anyone who is planning to transport a firearm through DC, move to DC with a firearm, or who currently has a firearm in DC, is to talk to an attorney because they know what the law is and what steps should be taken in their case.
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