H.R. 8297 — District of Columbia Firearm Freedom Act

This section prohibits the District of Columbia from requiring any license, certificate, registration, approval, permit, or other prior authorization as a condition for acquiring, receiving, possessing, or importing a firearm lawful under federal law. It further bars the arrest, prosecution, or imposition of criminal penalties under District law solely for lacking such authorization if the person is not prohibited from possessing firearms under federal law.

This section repeals the District of Columbia's firearm registration requirement for privately owned firearms and preempts related District provisions that (1) establish or authorize firearm registries; (2) require registration certificates, cards, or proof of registration; (3) condition lawful possession, transport, storage, use, purchase, sale, transfer, carrying, or receipt of a firearm on registration; or (4) authorize seizure, forfeiture, or arrest solely for registration violations. It further prohibits the District from establishing or maintaining any system that functions as firearm registration—including requirements to report or record firearm identifying information as a precondition to lawful possession, purchase, transfer, transport, or carrying—except to the extent required of federal firearms licensees under federal law; directs cessation of registration processing on the effective date and destruction of existing records within 180 days thereafter (except records needed for pending criminal prosecutions or required by federal law); and bars use of such records for probable cause, reasonable suspicion, or adverse actions. (Thus, District residents may lawfully possess unregistered privately owned firearms, subject to federal background checks and prohibitions.)

This section preempts District of Columbia laws, regulations, rules, or policies prohibiting the possession, acquisition, sale, transfer, transport, or use of any firearm based on (1) the firearm being semiautomatic, (2) the capacity to accept a detachable magazine, or (3) any feature, characteristic, component, or configuration based on appearance, ergonomics, or other nonfunctional or commonly possessed attributes (e.g., pistol grip, adjustable stock, barrel shroud or handguard, muzzle device, threaded barrel, forward grip, or accessory rail). It clarifies that this preemption does not authorize possession of firearms prohibited under federal law, including those regulated under the National Firearms Act, and nullifies any D.C. provisions defining or prohibiting assault weapons (or similar terms) inconsistent with these restrictions.

This section authorizes any person at least 21 years of age who is not prohibited from possessing a firearm under federal law to carry a concealed handgun in the District of Columbia without a District-issued license or permit. The section (1) prohibits the District from requiring any license, permit, training, fingerprinting, good cause, or other prerequisite for concealed carry; (2) limits District prohibitions on concealed carry to specified sensitive places, including secure areas of law enforcement facilities, courthouses, detention facilities, polling places on election day (as narrowly tailored), school zones consistent with 18 U.S.C. §§921(a) and 922(q), and locations prohibited by federal statute; (3) preserves private property owners' rights to prohibit firearms with posted notice or express notice to entrants; (4) permits the District to issue optional carry credentials for reciprocity with other jurisdictions; and (5) states that the section does not require the District to authorize open carry of firearms.

This section authorizes federal firearms licensees (FFLs) in Virginia or Maryland to sell or deliver firearms to District of Columbia residents who appear in person at the licensee's premises, subject to (1) compliance with the National Instant Criminal Background Check System (NICS) requirements of 18 U.S.C. §922(t); (2) the transferee not being a prohibited person; and (3) the sale, delivery, and receipt being lawful as if the transferee resided in Virginia or Maryland (disregarding any additional D.C. restrictions). The section clarifies that it does not alter federal prohibitions on possession or receipt by prohibited persons or FFL recordkeeping requirements and directs the Attorney General to issue conforming NICS guidance within 60 days of enactment.

This section preempts any District of Columbia law, regulation, rule, or policy inconsistent with this Act, rendering such provisions without force or effect. The section further prohibits the District from enforcing preempted provisions by reissuing them under a different name, authority, or rulemaking vehicle.

This section establishes a private right of action in the United States District Court for the District of Columbia for any person adversely affected by a violation of this Act or by the enforcement or threatened enforcement of a District law preempted by this Act, authorizing declaratory and injunctive relief. Remedies include (1) declaratory relief; (2) temporary, preliminary, and permanent injunctive relief; (3) compensatory damages (where otherwise available); and (4) reasonable attorneys’ fees and costs to a prevailing plaintiff.