§ 22-4503 — Unlawful possession of firearm.

District of Columbia § 22-4503

• Jurisdiction: District of Columbia
• Title 22: Criminal Offenses and Penalties.
• Ch. 45: Weapons and Possession of Weapons.

Text

(a) No person shall own or keep a firearm, or have a firearm in his or her possession or under his or her control, within the District of Columbia, if the person:

(1) Has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year;

(2) Is not licensed under § 22-4510 to sell weapons, and the person has been convicted of violating this chapter;

(3) Is a fugitive from justice;

(4) Is addicted to any controlled substance, as defined in § 48-901.02(4) ;

(5) Is subject to a court order that:

(i) Was issued after a hearing of which the person received actual notice, and at which the person had an opportunity to participate; or

(ii) Remained in effect after the person failed to appear for a hearing of which the person received actual notice;

(B) Restrains the person from assaulting, harassing, stalking, or threatening any person named in the order, or requires the person to stay away from, or have no contact with, any other person or a location; and

(C) Requires the person to relinquish possession of any firearms; or

(6) Has been convicted within the past 5 years of:

(A) An intrafamily offense, as that term is defined in § 16-1001(8) , or any similar provision in the law of another jurisdiction; or

(B) Stalking or attempted stalking, pursuant to Chapter 31A of this title , or any similar provision in the law of another jurisdiction.

(1) A person who violates subsection (a)(1) of this section shall be sentenced to imprisonment for not more than 10 years and shall be sentenced to imprisonment for a mandatory-minimum term of 1 year, unless she or he has a prior conviction for a crime of violence other than conspiracy, in which case she or he shall be sentenced to imprisonment for not more than 15 years and shall be sentenced to a mandatory-minimum term of 3 years.

(2) A person sentenced to a mandatory-minimum term of imprisonment under paragraph (1) of this subsection shall not be released from prison or granted probation or suspension of sentence prior to serving the mandatory-minimum sentence.

(3) In addition to any other penalty provided under this subsection, a person may be fined an amount not more than the amount set forth in § 22-3571.01 .

(c) A person who violates subsection (a)(2) through (a)(6) of this section shall be sentenced to not less than 2 years nor more than 10 years, fined not more than the amount set forth in § 22-3571.01 , or both.

(1) It shall be unlawful for any person knowingly to possess or receive any firearm which has had the importer's or manufacturer's serial number removed, obliterated, or altered.

(2) It shall be unlawful for any person to receive, possess, conceal, store, barter, sell, or dispose of any stolen firearm or stolen ammunition, or pledge or accept as security for a loan any stolen firearm or stolen ammunition, knowing or having reasonable cause to believe that the firearm or ammunition was stolen.

(c-2) A person who violates subsection (c-1) of this section shall upon conviction be fined no more than the amount set forth in § 22-3571.01 , or incarcerated no less than 2 years nor more than 5 years, or both.

(d) For the purposes of this section, the term:

(1) “Crime of violence” shall have the same meaning as provided in § 23-1331(4) , or a crime under the laws of any other jurisdiction that involved conduct that would constitute a crime of violence if committed in the District of Columbia, or conduct that is substantially similar to that prosecuted as a crime of violence under the District of Columbia Official Code.

(2) “Fugitive from justice” means a person who has:

(A) Fled to avoid prosecution for a crime or to avoid giving testimony in a criminal proceeding; or

(B) Escaped from a federal, state, or local prison, jail, halfway house, or detention facility or from the custody of a law enforcement officer.

Legislative History

July 8, 1932, 47 Stat. 651, ch. 465, § 3; June 29, 1953, 67 Stat. 93, ch. 159, § 204(b); May 21, 1994, D.C. Law 10-119, § 15(b), 41 DCR 1639; Apr. 24, 2007, D.C. Law 16-306, § 223(c), 53 DCR 8610; Dec. 10, 2009, D.C. Law 18-88, § 219(b), 56 DCR 7413; June 3, 2011, D.C. Law 18-377, § 13, 58 DCR 1174; Sept. 29, 2012, D.C. Law 19-170, § 3(c), 59 DCR 5691; June 11, 2013, D.C. Law 19-317, §§ 240(a), 304, 60 DCR 2064; July 8, 1932, 47 Stat. 651, ch. 465, § 3c; July 8, 1932, 47 Stat. 651, ch. 465, § 3d