The High Stakes of Firearms Prosecutions
In the Washington, D.C. and Maryland region, few offenses are prosecuted with as much political zeal and aggressive enforcement as gun crimes. The penalties are notoriously severe, frequently involving mandatory minimum sentences that strip judges of their discretion.
Successfully defending a gun case requires a mastery of rapidly evolving constitutional law, an aggressive approach to search and seizure violations, and a deep understanding of the forensic science surrounding ballistics and DNA.
Representative Defense Strategies
Constructive Possession Defenses
A staggering number of firearms cases are built on the legal fiction of "constructive possession"—where a gun is found in a car, an apartment, or a shared space, and the government attempts to attribute it to whoever happens to be nearby. Proving that our clients lacked the requisite knowledge or intent to control the firearm is a cornerstone of our trial strategy.
Fourth Amendment Violations (Search & Seizure)
Guns are frequently discovered during traffic stops, street encounters, or residential raids. If law enforcement lacked reasonable suspicion to initiate a stop, prolonged a stop unlawfully, or searched without probable cause or a valid warrant, the recovery of the weapon is fruit of the poisonous tree. We relentlessly litigate Motions to Suppress to exclude illegally obtained evidence.
Forensic & Evidentiary Challenges
The government relies heavily on forensic links—fingerprints, touch DNA, and operability testing. We aggressively cross-examine government experts and scrutinize lab reports to expose flawed methodologies, contaminated evidence, and reasonable doubt.
The Shifting Second Amendment Landscape
Following the Supreme Court's landmark decision in New York State Rifle & Pistol Association v. Bruen, firearms laws—particularly in restrictive jurisdictions like D.C. and Maryland—are under unprecedented constitutional scrutiny. Stanton Law DC stays at the cutting edge of Second Amendment jurisprudence, ready to mount facial and as-applied constitutional challenges.
Commonly Charged Federal Gun Offenses
| Statute & Offense | Description | Penalties |
|---|---|---|
| Prohibited Person in Possession18 U.S.C. § 922(g) | Possession by a convicted felon, fugitive, or person subject to certain court orders. | Maximum: 15 Years |
| Possession in Furtherance of a Crime18 U.S.C. § 924(c) | Using or carrying a firearm during and in relation to a crime of violence or drug trafficking crime. | 5-Year Min. (Possession) 7-Year Min. (Brandishing) 10-Year Min. (Discharging) Must run consecutively. |
| Armed Career Criminal Act (ACCA)18 U.S.C. § 924(e) | A § 922(g) violation with three previous convictions for violent felony or serious drug offense. | 15-Year Mandatory Min. Maximum: Life |
Commonly Charged District of Columbia Offenses
| Statute & Offense | Description | Penalties |
|---|---|---|
| Carrying a Pistol Without a License (CPWL)D.C. Code § 22-4504(a) | Carrying a pistol in a public space without a D.C.-issued license. | Up to 5 Years Up to $12,500 Fine |
| Felon in Possession (FIP)D.C. Code § 22-4503 | Possession by an individual with a prior felony conviction. | 1-Year Min. (if prior was a crime of violence) Up to 10 Years |
| Unregistered Firearm / Unlawful AmmunitionD.C. Code § 7-2502.01 | Possessing a firearm or ammunition without valid registration. | Up to 1 Year per charge Up to $2,500 Fine |
Commonly Charged Maryland Gun Offenses
| Statute & Offense | Description | Penalties |
|---|---|---|
| Wear, Carry, or Transport a HandgunMD Crim. Law § 4-203 | Carrying a handgun without a permit. | Up to 3 Years (First Offense) |
| Possession by Prohibited PersonMD Pub. Safety § 5-133 | Possession by a convicted felon or disqualifying crime. | Up to 15 Years 5-Year Min. (prior crime of violence) |
| Use of Firearm in Crime of ViolenceMD Crim. Law § 4-204 | Using a firearm in the commission of a felony. | 5-Year Mandatory Min. Maximum: 20 Years Must run consecutively. |