HR 8297
District of Columbia Firearm Freedom Act
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Bill overview
The District of Columbia Firearm Freedom Act aims to restore and protect the Second Amendment rights of residents and visitors to Washington, D.C., by modernizing the District’s firearm laws. It prohibits prior authorization requirements for firearm acquisition, repeals the District’s firearm registration system, bans feature-based firearm bans, establishes concealed constitutional carry, and allows District residents to purchase firearms from licensed dealers in neighboring states. The bill seeks to align D.C. law with federal regulations regarding firearms.
Key provisions
- Prohibits prior authorization requirements for firearm acquisition, possession, or importation.
- Repeals the District’s firearm registration system and related regulations.
- Bans firearm bans based on features like pistol grips or adjustable stocks.
- Establishes concealed constitutional carry for eligible residents.
- Allows District residents to purchase firearms from licensed dealers in Virginia and Maryland.
- Prohibits the District from imposing restrictions on firearm transfers based on the location of the seller.
- Creates a civil cause of action for individuals harmed by violations of the Act or its enforcement.
- Provides for attorneys’ fees in successful lawsuits.
Who is affected
- Residents of the District of Columbia
- Visitors to the District of Columbia
- Federal firearms licensees
- Gun Owners
- District of Columbia government officials
Notable changes
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Primary sponsor
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119th CONGRESS — 2d Session
H. R. 8297
IN THE HOUSE OF REPRESENTATIVES
A BILL
To restore and protect the Second Amendment rights of residents and United States citizens who visit the District of Columbia by modernizing the District’s firearm laws, eliminating prior restraints on acquisition and possession, establishing concealed constitutional carry, prohibiting feature-based firearm bans, and facilitating lawful purchases through Federally licensed dealers in neighboring States, and for other purposes.
This Act may be cited as the District of Columbia Firearm Freedom Act
.
Congress finds the following:
Article I, section 8, clause 17 of the Constitution grants Congress plenary legislative authority over the District of Columbia.
The Second Amendment protects an individual’s right to keep and bear arms, and the District must maintain laws consistent with that constitutional guarantee.
United States citizens visiting the National Capital and those who reside or work in the District should not have their constitutionally protected Second Amendment rights infringed.
The District’s regulatory structure has imposed undue burdens on legal gun owners and residents wishing to be legal gun owners, prior restraints on purchasing and concealed carrying firearms, and feature-based restrictions that unduly burden lawful acquisition, possession, and carrying of firearms by responsible residents and visitors.
In this Act:
The term District means the District of Columbia.
The term firearm has the meaning given that term in section 921(a)(3) of title 18, United States Code.
The term licensee means a person licensed under section 923 of title 18, United States Code (a Federal firearms licensee).
No law, regulation, rule, or policy of the District may require any person to obtain, before acquiring, receiving, possessing, or bringing into the District a firearm otherwise lawful under Federal law, any license, certificate, registration, approval, permit, or other authorization as a condition precedent to such acquisition, receipt, possession, or importation.
No person may be arrested, prosecuted, or subjected to criminal penalties under District law solely because the person acquired, received, possessed, or brought into the District a firearm without first obtaining District authorization described in subsection (a), if the person is not a prohibited person under Federal law.
requires a registration certificate, registration card, or proof of registration;
makes lawful possession, transport, storage, use, purchase, sale, transfer, carrying, or receipt of a firearm contingent upon registration; or
authorizes seizure, forfeiture, or arrest solely for a registration-related violation, is preempted and may not be enforced.
Notwithstanding any other provision of District of Columbia law, no law, regulation, rule, or policy of the District may prohibit the possession, acquisition, sale, transfer, transport, or use of any firearm on the basis of—
the firearm being semiautomatic;
the capacity to accept a detachable magazine; or
any feature, characteristic, component, or configuration that is based on appearance, ergonomics, or other nonfunctional or commonly possessed attributes, including a pistol grip, adjustable stock, barrel shroud or handguard, muzzle device, threaded barrel, forward grip, or accessory rail.
Nothing in this section shall be construed to permit possession of firearms prohibited under Federal law, including items regulated under the National Firearms Act (26 U.S.C. 5801 et seq.), except to the extent Federal law otherwise permits such possession.
Any District of Columbia provision defining or prohibiting assault weapons (or substantially similar term) in a manner inconsistent with this section is hereby preempted and shall have no force or effect.
Sections 601(b) and 601(c) of the Firearms Control Regulations Act of 1975 are hereby repealed.
The District may not require any license, permit, training, fingerprinting, good cause, suitability determination, or other discretionary or nondiscretionary prerequisite as a condition to carrying a firearm concealed.
The District may prohibit concealed carry only in locations where prohibitions are consistent with the Constitution and Federal law, including—
secure areas of law enforcement facilities;
courthouses and courtrooms;
detention facilities;
polling places on election day (as narrowly tailored);
any place where possession is prohibited by Federal statute.
Nothing in this Act shall be construed to prohibit the District from issuing a carry credential on an optional basis for residents seeking reciprocity in other jurisdictions, provided that such a credential is not required for any person to carry concealed within the District under this Act.
Nothing in this Act shall be construed to require the District to permit open carry. The District’s laws restricting or prohibiting the open carrying of firearms, to the extent otherwise consistent with the Constitution, shall not be preempted by this Act.
In-StateBuyers for Virginia and Maryland Federal Firearm License Purchases
Section 922(b)(3) of title 18, United States code is amended by striking the semicolon at the end and inserting , and (C) shall not apply to the sale or delivery of a firearm by a licensee whose licensed premises are located in the Commonwealth of Virginia or the State of Maryland to a resident of the District of Columbia if (i) the transferee appears in person at the licensee’s premises; (ii) the transfer is completed in compliance with section 922(t) (including a NICS background check or a lawful alternative under Federal law); (iii) the transferee is not a prohibited person; and (iv) the sale, delivery, and receipt would be lawful if the transferee were a resident of the State in which the licensee’s premises are located, except that the District of Columbia shall not be treated as a
.State
for purposes of imposing any additional restriction;
Nothing in this section shall be construed to—
alter Federal prohibitions on possession or receipt of firearms by prohibited persons; or
alter Federal requirements applicable to licensees, including recordkeeping.
The Attorney General shall, not later than 60 days after enactment, update any implementing guidance necessary to ensure NICS and licensee compliance for transfers authorized by this section.
This Act supersedes and preempts any law, regulation, rule, or policy of the District that is inconsistent with this Act, and such inconsistent provisions shall have no force or effect.
The District may not enforce any portion of a preempted provision by reissuing it under a different name, authority, or rulemaking vehicle.
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, may bring a civil action in the United States District Court for the District of Columbia for declaratory and injunctive relief.
In an action under subsection (a), the court may award appropriate relief, including—
temporary, preliminary, and permanent injunctive relief;
compensatory damages (where otherwise available); and
reasonable attorneys’ fees and costs to a prevailing plaintiff.
This Act, and the amendments made by this Act, shall take effect on the date that is 60 days after the date of the enactment of this Act.