Trump Admin Ends Shotgun and Rifle Ban in DC
In a significant policy shift, federal prosecutors in the District of Columbia have been directed to stop bringing felony charges against individuals solely for carrying rifles or shotguns. The new directive, confirmed by U.S. Attorney for D.C. Jeanine Pirro, stems from a Justice Department determination that the city's longstanding ban on the public carry of long guns is unconstitutional in light of recent Supreme Court precedent.
This change arrives at a seemingly contradictory moment, as the Trump administration simultaneously intensifies federal law enforcement presence in D.C. to combat crime. While the White House has highlighted the seizure of dozens of firearms under this new "surge," this policy carves out a major exception for non-violent possession of certain weapons.
The Legal Rationale: Heller and Bruen
The U.S. Attorney's Office argues that D.C.'s law, which makes it a crime to carry rifles or shotguns outside the home or business without a rarely-granted permit, is no longer legally defensible. This conclusion rests on two landmark Supreme Court decisions that have reshaped the legal landscape of the Second Amendment.
District of Columbia v. Heller (2008): This pivotal case established for the first time that the Second Amendment protects an individual's right to possess a firearm for self-defense within the home. The Court struck down D.C.'s then-existing ban on handguns, ruling that a complete prohibition on a class of firearms commonly used for lawful purposes was unconstitutional. However, the Heller decision was explicitly limited to the context of the home.
New York State Rifle & Pistol Association, Inc. v. Bruen (2022): The Bruen decision dramatically expanded upon Heller. The Court affirmed that the Second Amendment's protections extend outside the home. More importantly, it established a new, stringent test for all modern gun control laws. To be constitutional, the government must now demonstrate that a firearm regulation is consistent with the nation's "historical tradition of firearm regulation." If a modern law doesn't have a clear analogue from the 18th or 19th centuries, it is presumptively unconstitutional.
It is this "history and tradition" test from Bruen that underpins the Justice Department's new policy in D.C. Prosecutors believe the city's broad prohibition on carrying long guns would not survive a court challenge under this standard.
The Power of Prosecutorial Discretion
This policy change is a clear exercise of prosecutorial discretion, a core principle of the American legal system. Prosecutors have broad authority to decide which cases to pursue, what charges to file, and when to decline prosecution altogether. This power is not arbitrary; it is guided by several factors:
Evidence Strength: Is there enough evidence to secure a conviction?
Resource Allocation: With limited time and money, prosecutors must prioritize the most serious offenses.
Interests of Justice: Would a prosecution serve the public good in a specific case?
Constitutionality: Prosecutors take an oath to uphold the Constitution. They can, and often do, refuse to enforce laws they believe are unconstitutional, as doing so would be a waste of resources and a potential violation of civil rights.
In this instance, the U.S. Attorney's Office is using its discretion to proactively stop enforcing a law it has concluded is unconstitutional based on binding Supreme Court precedent, rather than waiting for the law to be inevitably struck down in court.
Policy in Practice
It is critical to note the specific limitations of this new directive. The U.S. Attorney's office will continue to vigorously prosecute other firearms offenses. The policy does not:
Apply to handguns, which account for the vast majority of firearms offenses in the District.
Prevent prosecutors from charging a convicted felon found in possession of any firearm, including a rifle or shotgun.
Stop charges for crimes involving gun violence or firearms trafficking, regardless of the weapon type.
The directive specifically targets the standalone charge of possessing a registered rifle or shotgun, separating the act of simple possession from its use in a violent crime. According to ATF data from 2023, authorities recovered 98 rifles and 38 shotguns in D.C., compared to 2,842 pistols and revolvers, illustrating the scale of the issue. The new policy represents a strategic legal decision to align prosecution with the current interpretation of constitutional law, even as the political rhetoric focuses on a broad crackdown on crime.
