District of Columbia Firearm Freedom Act
- Sponsor
- Rep. Crenshaw, Dan [R-TX-2]
- Committees
- Oversight and Government Reform Committee (primary)
- Last action
- Apr 15, 2026
Bottom line
The bill overrides the District of Columbia's strict firearm regulations, significantly expanding gun rights for residents and visitors by eliminating registration, allowing permitless concealed carry, and facilitating out-of-state purchases.
What it actually does
This bill significantly alters the District of Columbia's firearm laws by eliminating its registration system and prior approval requirements for firearm acquisition. It establishes permitless concealed carry for non-prohibited individuals aged 21 and older, preempts D.C.'s feature-based firearm bans, and allows D.C. residents to purchase firearms from federally licensed dealers in Virginia and Maryland. The bill also creates a private cause of action for individuals adversely affected by D.C. laws inconsistent with its provisions.
Proponents argue
Proponents argue that the bill is a necessary measure to restore and protect the Second Amendment rights of law-abiding residents and visitors in the District of Columbia. They contend that D.C.'s current firearm laws impose unconstitutional burdens and prior restraints on individuals' ability to acquire, possess, and carry firearms for self-defense, and that the bill aligns D.C. with constitutional guarantees and practices in many other states.
Opponents contend
Opponents contend that this bill represents an egregious infringement on the District of Columbia's home rule and its ability to enact local laws necessary for public safety. They argue that dismantling D.C.'s firearm registration system, allowing permitless concealed carry, and repealing bans on certain firearms will lead to a dangerous increase in gun violence and make the nation's capital less safe for its residents and visitors.
The bill is relatively short and clearly structured, making it accessible for a thorough read and understanding of its core provisions.
Title I, Sec. 101
Prohibition on Prior Restraints for Firearm Acquisition or Possession
This provision prohibits the District of Columbia from requiring any license, certificate, registration, approval, permit, or other authorization as a precondition for acquiring, receiving, possessing, or bringing a firearm into the District, provided the individual is not otherwise prohibited from possessing firearms under Federal law. It also specifies that no person may face criminal penalties solely for lacking such prior District authorization.
Supporters argue
Proponents argue this provision removes unconstitutional barriers to Second Amendment rights, aligning D.C.'s laws with the constitutional guarantee of an individual's right to keep and bear arms without undue government interference.
Critics contend
Opponents contend that eliminating prior approval undermines D.C.'s ability to vet potential firearm owners, potentially increasing the risk of firearms falling into the wrong hands and compromising public safety.
Tradeoffs
This provision balances individual Second Amendment rights against the local government's perceived need for pre-acquisition screening and control over firearm ownership for public safety.
Title I, Sec. 102
Repeal of District Firearm Registration System and Record Destruction
This section repeals D.C.'s firearm registration system, prohibiting the District from requiring registration or conditioning lawful possession on it. It mandates that D.C. destroy all existing firearm registration records within 180 days of the Act's effective date, except those needed for pending criminal prosecutions or required by Federal law. Furthermore, it prohibits the use of any existing registration record as a basis for probable cause, reasonable suspicion, or adverse action.
Title II, Sec. 201
Preemption of Feature-Based and Assault Weapon Bans
This section prohibits the District of Columbia from banning the possession, acquisition, sale, transfer, transport, or use of any firearm based on its semi-automatic nature, capacity to accept a detachable magazine, or any cosmetic or nonfunctional feature (e.g., pistol grip, adjustable stock, muzzle device). It explicitly preempts any D.C. provision defining or prohibiting 'assault weapons' inconsistently with this section.
Title II, Sec. 202
Repeal of Prohibition on Large Capacity Ammunition Feeding Device
This section directly repeals Sections 601(b) and 601(c) of the Firearms Control Regulations Act of 1975, thereby eliminating the District of Columbia's prohibition on large capacity ammunition feeding devices (commonly known as high-capacity magazines).
Title III, Sec. 301
Concealed Constitutional Carry
This section establishes permitless concealed carry in the District of Columbia, allowing any non-prohibited person 21 years of age or older to carry a concealed handgun without a District-issued license or permit. It prohibits D.C. from requiring any prerequisite for concealed carry, but allows D.C. to prohibit concealed carry in constitutionally consistent 'sensitive places' (e.g., courthouses, detention facilities, school zones) and on private property with proper notice. It also clarifies that D.C. is not required to permit open carry.
Title IV, Sec. 401
Authority for Licensees in Virginia and Maryland to Transfer Firearms to District Residents
This section amends Federal law (18 U.S.C. 922(b)(3)) to allow federally licensed firearm dealers (FFLs) in Virginia and Maryland to sell or deliver firearms to residents of the District of Columbia. These transactions must comply with federal background check requirements (NICS) and would be lawful if the D.C. resident were a resident of Virginia or Maryland, effectively treating D.C. residents as 'in-state' buyers for these purposes. D.C. is explicitly prevented from imposing additional restrictions.
Title V, Sec. 501
Preemption of Inconsistent District Laws
This section explicitly states that the Act supersedes and preempts any law, regulation, rule, or policy of the District of Columbia that is inconsistent with its provisions, rendering such inconsistent provisions without force or effect. It also includes an 'anti-circumvention' clause, prohibiting D.C. from reissuing preempted provisions under different names or authorities.
Title V, Sec. 502
Enforcement; Cause of Action; Attorneys' Fees
This section establishes a private cause of action, allowing any person adversely affected by a violation of this Act, or by the enforcement of a preempted D.C. law, to bring a civil action in the United States District Court for the District of Columbia. The court may award various forms of relief, including declaratory relief, injunctive relief, compensatory damages (where available), and reasonable attorneys' fees and costs to a prevailing plaintiff.
This subsection explicitly states that no person may be arrested, prosecuted, or subjected to criminal penalties under District law solely for acquiring, receiving, possessing, or bringing a firearm into D.C. without prior District authorization, provided the person is not a federally prohibited person.
Title I, Sec. 101(b)
Why it matters:This is standard legislative practice to define the precise scope of new protections and ensure clarity regarding criminal liability following a major policy shift.
Case for: Supporters argue this provision is crucial for protecting individuals from retroactive or punitive enforcement of D.C. laws that are now preempted, ensuring due process and preventing individuals from being targeted for past non-compliance.
Case against: Critics might argue that this provision could complicate law enforcement efforts to address individuals who previously violated D.C.'s firearm laws, potentially creating a legal gray area for past actions.
Estimated impact: Prevents potential criminal charges for an unknown number of D.C. residents who previously possessed firearms without D.C. authorization, ensuring they are not penalized for actions now deemed lawful under federal preemption.
This subsection prohibits the use of any firearm registration record possessed by the District on or after the effective date of the Act as a basis for probable cause, reasonable suspicion, or any adverse action against any person.
Title I, Sec. 102(d)(3)
Why it matters:This is standard legislative practice to address the legal status and permissible uses of data collected under laws that are being repealed or preempted, ensuring consistency with the new legal framework.
Case for: Supporters argue this provision is essential to fully nullify the effects of the repealed registration system, ensuring that data collected under a system deemed unconstitutional cannot be used to penalize or target individuals, thereby reinforcing privacy and Second Amendment rights.
Case against: Law enforcement officials might argue that this provision removes a potential investigative tool, even if the underlying registration system is repealed, as historical data could still be relevant in certain criminal investigations.
Estimated impact: Protects D.C. residents whose firearm registration records exist from being targeted or subjected to adverse actions based on those records, effectively erasing the legal utility of the past registration data.