Federal prosecutors in Washington, D.C., have been directed not to pursue felony charges against individuals carrying rifles or shotguns in the city, regardless of available evidence, according to U.S. Attorney Jeanine Pirro and an internal Department of Justice email.
The policy shift, announced Tuesday and detailed in an email reviewed by The Washington Post, was developed by the DOJ in consultation with the solicitor general’s office, according to Pirro.
It marks a significant departure from prior practice, under which prosecutors pursuing criminal cases regularly invoked the District’s prohibition on carrying such firearms.
In the past, the law was used in several high-profile prosecutions, including a 2019 shotgun attack in Northeast Washington and the 2016 “Pizzagate” shooting in Chevy Chase, Maryland.
The new directive comes as the Trump administration expands federal law enforcement in the capital as part of a broader campaign to reduce crime. The White House said this week the surge had already led to the seizure of 68 firearms.
Pirro, sworn in earlier this month as the District’s top federal prosecutor, said her office will continue to charge violent crimes and firearms trafficking involving rifles or shotguns. Handgun prosecutions, which make up the majority of D.C. gun cases, will not be affected.
In a statement, Pirro argued the District’s blanket ban on carrying rifles and shotguns is unconstitutional under Supreme Court precedent. She cited District of Columbia v. Heller (2008), which struck down a handgun ban and recognized an individual’s right to possess firearms at home, and N.Y. State Rifle & Pistol Association v. Bruen (2022), which ruled that gun restrictions must align with the nation’s historical tradition.
“Without question, President Donald Trump and I are committed to prosecuting gun crime,” Pirro said. “This unprecedented number of gun prosecutions in both federal and local courts is carried out only in a manner consistent with the Constitution and the laws of the land.”
She said the policy does not prevent prosecutors from charging felons with possessing firearms, including rifles or shotguns, but bars separate charges for carrying registered long guns.
The Washington, D.C., U.S. Attorney’s office is the only federal office that handles both federal and local prosecutions.
Under District law, people are prohibited from carrying rifles or shotguns outside their home or business without a permit, which is rarely granted. Convictions can bring up to five years in prison. D.C. also does not recognize out-of-state permits, a frequent point of contention for Second Amendment advocates.
The D.C. attorney general’s office has limited jurisdiction in firearms cases, focusing mainly on juvenile offenses and some misdemeanors.
According to the Bureau of Alcohol, Tobacco, Firearms and Explosives, authorities recovered 98 rifles and 38 shotguns in D.C. in 2023, along with 2,842 pistols and revolvers. Not all were tied to crimes.
Earlier this month, Trump declared a crime emergency in the capital and deployed additional federal agents. In an Aug. 11 executive order, he said violence in the city “urgently endangers public servants, citizens, and tourists.”
While police data show violent crime in D.C. is at its lowest levels in three decades, Trump and Pirro contend it remains unacceptably high. Pirro, a former judge and television commentator, has defended the administration’s enforcement push and pledged to target illegal gun possession.
At a news conference last week, she displayed photos of teenagers killed by gunfire and vowed to intensify prosecutions. “I guarantee you that every one of these shootings was with an illegal gun,” she said. “And I want to send a message that we are going to catch you.”
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