Federal law prohibits the purchase and possession of firearms and ammunition by people who have been convicted of domestic violence offenses and those subject to active domestic violence protection orders. Similarly, District law also prohibits people from accessing firearms if they have been convicted of domestic violence offenses within the previous 5 years, or are subject to active civil protection orders.

Firearm Prohibitions for Domestic Violence MisdemeanORS

To obtain a registration certificate, which is required to purchase or possess a firearm or ammunition in the District, an applicant must pass a background check. The applicant will not pass the background check if he or she:

• Has been convicted within the previous five years of any intrafamily offense punishable as a misdemeanor, including any similar offense in another jurisdiction;¹ (“Intrafamily offense” is defined as interpersonal, intimate partner, or intrafamily violence).² or
• Is otherwise ineligible to possess a firearm under D.C. Code Ann. § 22-4503 (including people convicted of an offense punishable by more than one year in prison or people convicted within the previous five years for an intrafamily offense in the District, punishable as a misdemeanor, or any similar offense in another jurisdiction).³

Firearm Prohibitions for Domestic Violence Protective Orders

The District also will not issue a registration certificate to any person if he or she:

• Is or has been the respondent in an intrafamily proceeding in which a civil protection order was issued against her or him, or in a proceeding in which a foreign protection order was issued against her or him (an applicant who has been the subject of such an order shall be eligible for registration if the applicant has submitted to the Chief of Police a certified court record establishing that the order has expired or has been rescinded for a period of five years or more);⁴ or
• Is ineligible to possess a firearm under D.C. Code Ann. § 22-4503 (including any person subject to a final court order restraining him or her from assaulting, harassing, stalking, or threatening a petitioner or any other person named in the order and that requires the person restrained to relinquish possession of any firearms).⁵

While a judge has discretion whether to order the relinquishment of firearms pursuant to a permanent protection order,⁶ a temporary protection order must require that the respondent relinquish possession of any firearms or ammunition and prohibit the respondent from having possession or control of, purchasing, or receiving any firearm or ammunition while the protection order is in effect.⁷

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Our experts can speak to the full spectrum of gun violence prevention issues. Have a question? Email us at media@giffords.org.

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1. D.C. Code Ann. § 7-2502.03(a)(4)(D).[↩]
2. D.C. Code Ann. § 7-2501.01(9B) (referencing the definitions for intrafamily offense proceedings under D.C. Code Ann. § 16-1001(8) ). “Interpersonal violence” means an act punishable as a criminal offense that is committed or threatened to be committed by an offender upon a person: 1) with whom the offender shares or has shared a mutual residence; or 2) who is or was married to, in a domestic partnership with, divorced or separated from, or in a romantic, dating, or sexual relationship with another person who is or was married to, in a domestic partnership with, divorced or separated from, or in a romantic, dating, or sexual relationship with the offender. D.C. Code Ann. § 16-1001(6). “Intimate partner violence” means an act punishable as a criminal offense that is committed or threatened to be committed by an offender upon a person: 1) to whom the offender is or was married; 2) with whom the offender is or was in a domestic partnership; or 3) with whom the offender is or was in a romantic, dating, or sexual relationship. D.C. Code Ann. § 16-1001(7). “Intrafamily violence” means an act punishable as a criminal offense that is committed or threatened to be committed by an offender upon a person to whom the offender is related by blood, adoption, legal custody, marriage, or domestic partnership, or with whom the offender has a child in common. D.C. Code Ann. § 16-1001(9).[↩]
3. D.C. Code Ann. § 22-4503(a)(6).[↩]
4. D.C. Code Ann. § 7-2502.03(a)(12).[↩]
5. D.C. Code Ann. § 7-2502.03(a)(9).[↩]
6. D.C. Code Ann. § 16-1005(c)(10).[↩]
7. D.C. Code Ann. § 16-1004(h)(2).[↩]