If the abuser has been convicted of a crime, can s/he keep or buy a gun?
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)