HR 6842 RDSPCSCommentsClose CommentsPermalink

September 18 (legislative day, September 17), 2008CommentsClose CommentsPermalink

Received and read the first timeCommentsClose CommentsPermalink

To restore Second Amendment rights in the District of Columbia.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Second Amendment Enforcement Act’.CommentsClose CommentsPermalink

SEC. 2. CONGRESSIONAL FINDINGS.

Congress finds the following:CommentsClose CommentsPermalink





(1) The Second Amendment to the United States Constitution provides that the right of the people to keep and bear arms shall not be infringed.CommentsClose CommentsPermalink





(2) As the Congress and the Supreme Court of the United States have recognized, the Second Amendment to the United States Constitution protects the rights of individuals, including those who are not members of a militia or engaged in military service or training, to keep and bear arms.CommentsClose CommentsPermalink





(3) The law-abiding citizens of the District of Columbia are deprived by local laws of handguns, rifles, and shotguns that are commonly kept by law-abiding persons throughout the United States for sporting use and for lawful defense of their persons, homes, businesses, and families.CommentsClose CommentsPermalink





(4) The District of Columbia has the highest per capita murder rate in the Nation, which may be attributed in part to local laws prohibiting possession of firearms by law-abiding persons who would otherwise be able to defend themselves and their loved ones in their own homes and businesses.CommentsClose CommentsPermalink





(5) The Federal Gun Control Act of 1968, as amended by the Firearms Owners’ Protection Act of 1986, and the Brady Handgun Violence Prevention Act of 1993, provide comprehensive Federal regulations applicable in the District of Columbia as elsewhere. In addition, existing District of Columbia criminal laws punish possession and illegal use of firearms by violent criminals and felons. Consequently, there is no need for local laws which only affect and disarm law-abiding citizens.CommentsClose CommentsPermalink





(6) Officials of the District of Columbia have indicated their intention to continue to unduly restrict lawful firearm possession and use by citizens of the District.CommentsClose CommentsPermalink





(7) Legislation is required to correct the District of Columbia’s law in order to restore the fundamental rights of its citizens under the Second Amendment to the United States Constitution and thereby enhance public safety.CommentsClose CommentsPermalink

SEC. 3. REFORM D.C. COUNCIL’S AUTHORITY TO RESTRICT FIREARMS.

Section 4 of the Act entitled ‘An Act to prohibit the killing of wild birds and wild animals in the District of Columbia’, approved June 30, 1906 (34 Stat. 809; sec. 1-303.43, D.C. Official Code) is amended by adding at the end the following: ‘Nothing in this section or any other provision of law shall authorize, or shall be construed to permit, the Council, the Mayor, or any governmental or regulatory authority of the District of Columbia to prohibit, constructively prohibit, or unduly burden the ability of persons not prohibited from possessing firearms under Federal law from acquiring, possessing in their homes or businesses, or using for sporting, self-protection or other lawful purposes, any firearm neither prohibited by Federal law nor subject to the National Firearms Act. The District of Columbia shall not have authority to enact laws or regulations that discourage or eliminate the private ownership or use of firearms. Nothing in the previous two sentences shall be construed to prohibit the District of Columbia from regulating or prohibiting the carrying of firearms by a person, either concealed or openly, other than at the person’s dwelling place, place of business, or on other land possessed by the person.’.CommentsClose CommentsPermalink

SEC. 4. REPEAL D.C. SEMIAUTOMATIC BAN.

(a) In General- Section 101(10) of the Firearms Control Regulations Act of 1975 (sec. 7-2501.01(10), D.C. Official Code) is amended to read as follows:CommentsClose CommentsPermalink





‘(10) ‘Machine gun’ means any firearm which shoots, is designed to shoot, or readily restored to shoot automatically, more than 1 shot without manual reloading by a single function of the trigger, and includes the frame or receiver of any such weapon, any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a weapon into a machine gun, and any combination of parts from which a machine gun can be assembled if such parts are in the possession or under the control of a person.’.CommentsClose CommentsPermalink





(b) Conforming Amendment to Provisions Setting Forth Criminal Penalties- Section 1(c) of the Act of July 8, 1932 (47 Stat. 651; sec. 22--4501(c), D.C. Official Code) is amended to read as follows:CommentsClose CommentsPermalink





‘(c) ‘Machine gun’, as used in this Act, has the meaning given such term in section 101(10) of the Firearms Control Regulations Act of 1975.’.CommentsClose CommentsPermalink

SEC. 5. REPEAL REGISTRATION REQUIREMENT.

(a) Repeal of Requirement-CommentsClose CommentsPermalink





(1) IN GENERAL- Section 201(a) of the Firearms Control Regulations Act of 1975 (sec. 7-2502.01(a), D.C. Official Code) is amended by striking ‘any firearm, unless’ and all that follows through paragraph (3) and inserting the following: ‘any firearm described in subsection (c).’.CommentsClose CommentsPermalink





(2) DESCRIPTION OF FIREARMS REMAINING ILLEGAL- Section 201 of such Act (sec. 7-2502.01, D.C. Official Code) is amended by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(c) A firearm described in this subsection is any of the following:CommentsClose CommentsPermalink





‘(1) A sawed-off shotgun.CommentsClose CommentsPermalink





‘(2) A machine gun.CommentsClose CommentsPermalink





‘(3) A short-barreled rifle.’.CommentsClose CommentsPermalink





(3) CONFORMING AMENDMENT- The heading of section 201 of such Act (sec. 7--2502.01, D.C. Official Code) is amended by striking ‘Registration requirements’ and inserting ‘Firearm Possession’.CommentsClose CommentsPermalink





(b) Conforming Amendments to Firearms Control Regulations Act- The Firearms Control Regulations Act of 1975 is amended as follows:CommentsClose CommentsPermalink





(1) Sections 202 through 211 (secs. 7-2502.02 through 7-2502.11, D.C. Official Code) are repealed.CommentsClose CommentsPermalink





(2) Section 101 (sec. 7--2501.01, D.C. Official Code) is amended by striking paragraph (13).CommentsClose CommentsPermalink





(3) Section 401 (sec. 7--2504.01, D.C. Official Code) is amended--CommentsClose CommentsPermalink





(A) in subsection (a), by striking ‘the District;’ and all that follows and inserting the following: ‘the District, except that a person may engage in hand loading, reloading, or custom loading of ammunition for firearms lawfully possessed under this Act.’; andCommentsClose CommentsPermalink





(B) in subsection (b), by striking ‘which are unregisterable under section 202’ and inserting ‘which are prohibited under section 201’.CommentsClose CommentsPermalink





(4) Section 402 (sec. 7--2504.02, D.C. Official Code) is amended--CommentsClose CommentsPermalink





(A) in subsection (a), by striking ‘Any person eligible to register a firearm’ and all that follows through ‘such business,’ and inserting the following: ‘Any person not otherwise prohibited from possessing or receiving a firearm under Federal or District law, or from being licensed under section 923 of title 18, United States Code,’; andCommentsClose CommentsPermalink





(B) in subsection (b), by amending paragraph (1) to read as follows:CommentsClose CommentsPermalink





‘(1) The applicant’s name;’.CommentsClose CommentsPermalink





(5) Section 403(b) (sec. 7--2504.03(b), D.C. Official Code) is amended by striking ‘registration certificate’ and inserting ‘dealer’s license’.CommentsClose CommentsPermalink





(6) Section 404(a)(3) (sec. 7--2504.04(a)(3)), D.C. Official Code) is amended--CommentsClose CommentsPermalink





(A) in subparagraph (B)(i), by striking ‘registration certificate number (if any) of the firearm,’;CommentsClose CommentsPermalink





(B) in subparagraph (B)(iv), by striking ‘holding the registration certificate’ and inserting ‘from whom it was received for repair’;CommentsClose CommentsPermalink





(C) in subparagraph (C)(i), by striking ‘and registration certificate number (if any) of the firearm’;CommentsClose CommentsPermalink





(D) in subparagraph (C)(ii), by striking ‘registration certificate number or’; andCommentsClose CommentsPermalink





(E) by striking subparagraphs (D) and (E).CommentsClose CommentsPermalink





(7) Section 406(c) (sec. 7--2504.06(c), D.C. Official Code) is amended to read as follows:CommentsClose CommentsPermalink





‘(c) Within 45 days of a decision becoming effective which is unfavorable to a licensee or to an applicant for a dealer’s license, the licensee or application shall--CommentsClose CommentsPermalink





‘(1) lawfully remove from the District all destructive devices in his inventory, or peaceably surrender to the Chief all destructive devices in his inventory in the manner provided in section 705; andCommentsClose CommentsPermalink





‘(2) lawfully dispose, to himself or to another, any firearms and ammunition in his inventory.’.CommentsClose CommentsPermalink





(8) Section 407(b) (sec. 7--2504.07(b), D.C. Official Code) is amended by striking ‘would not be eligible’ and all that follows and inserting ‘is prohibited from possessing or receiving a firearm under Federal or District law.’.CommentsClose CommentsPermalink





(9) Section 502 (sec. 7--2505.02, D.C. Official Code) is amended--CommentsClose CommentsPermalink





(A) by amending subsection (a) to read as follows:CommentsClose CommentsPermalink





‘(a) Any person or organization not prohibited from possessing or receiving a firearm under Federal or District law may sell or otherwise transfer ammunition or any firearm, except those which are prohibited under section 201, to a licensed dealer.’;CommentsClose CommentsPermalink





(B) by amending subsection (c) to read as follows:CommentsClose CommentsPermalink





‘(c) Any licensed dealer may sell or otherwise transfer a firearm to any person or organization not otherwise prohibited from possessing or receiving such firearm under Federal or District law.’;CommentsClose CommentsPermalink





(C) in subsection (d), by striking paragraphs (2) and (3); andCommentsClose CommentsPermalink





(D) by striking subsection (e).CommentsClose CommentsPermalink





(10) Section 704 (sec. 7--2507.04, D.C. Official Code) is amended--CommentsClose CommentsPermalink





(A) in subsection (a), by striking ‘any registration certificate or’ and inserting ‘a’; andCommentsClose CommentsPermalink





(B) in subsection (b), by striking ‘registration certificate,’.CommentsClose CommentsPermalink





(c) Other Conforming Amendments- Section 2(4) of the Illegal Firearm Sale and Distribution Strict Liability Act of 1992 (sec. 7--2531.01(2)(4), D.C. Official Code) is amended--CommentsClose CommentsPermalink





(1) in subparagraph (A), by striking ‘or ignoring proof of the purchaser’s residence in the District of Columbia’; andCommentsClose CommentsPermalink





(2) in subparagraph (B), by striking ‘registration and’.CommentsClose CommentsPermalink

SEC. 6. REPEAL HANDGUN AMMUNITION BAN.

Section 601(3) of the Firearms Control Regulations Act of 1975 (sec. 7-2506.01(3), D.C. Official Code) is amended by striking ‘is the holder of the valid registration certificate for’ and inserting ‘owns’.CommentsClose CommentsPermalink

SEC. 7. RESTORE RIGHT OF SELF DEFENSE IN THE HOME.

Section 702 of the Firearms Control Regulations Act of 1975 (sec. 7-2507.02, D.C. Official Code) is repealed.CommentsClose CommentsPermalink

SEC. 8. REMOVE CRIMINAL PENALTIES FOR POSSESSION OF UNREGISTERED FIREARMS.

(a) In General- Section 706 of the Firearms Control Regulations Act of 1975 (sec. 7-2507.06, D.C. Official Code) is amended--CommentsClose CommentsPermalink





(1) by striking ‘that:’ and all that follows through ‘(1) A’ and inserting ‘that a’; andCommentsClose CommentsPermalink





(2) by striking paragraph (2).CommentsClose CommentsPermalink





(b) Effective Date- The amendments made by subsection (a) shall apply with respect to violations occurring after the 60-day period which begins on the date of the enactment of this Act.CommentsClose CommentsPermalink

SEC. 9. REMOVE CRIMINAL PENALTIES FOR CARRYING A FIREARM IN ONE’S DWELLING OR OTHER PREMISES.

(a) In General- Section 4(a) of the Act of July 8, 1932 (47 Stat. 651; sec. 22--4504(a), D.C. Official Code) is amended--CommentsClose CommentsPermalink





(1) in the matter before paragraph (1), by striking ‘a pistol,’ and inserting the following: ‘except in his dwelling house or place of business or on other land possessed by that person, whether loaded or unloaded, a firearm,’; andCommentsClose CommentsPermalink





(2) by striking ‘except that:’ and all that follows through ‘(2) If the violation’ and inserting ‘except that if the violation’.CommentsClose CommentsPermalink





(b) Conforming Amendment- Section 5 of such Act (47 Stat. 651; sec. 22--4505, D.C. Official Code) is amended--CommentsClose CommentsPermalink





(1) by striking ‘pistol’ each place it appears and inserting ‘firearm’; andCommentsClose CommentsPermalink





(2) by striking ‘pistols’ each place it appears and inserting ‘firearms’.CommentsClose CommentsPermalink

SEC. 10. AUTHORIZING PURCHASES OF FIREARMS BY DISTRICT RESIDENTS.

Section 922 of title 18, United States Code, is amended in paragraph (b)(3) by inserting after ‘other than a State in which the licensee’s place of business is located’ the following: ‘, or to the sale or delivery of a handgun to a resident of the District of Columbia by a licensee whose place of business is located in Maryland or Virginia,’.CommentsClose CommentsPermalink

Passed the House of Representatives September 17, 2008.CommentsClose CommentsPermalink

Attest:CommentsClose CommentsPermalink

LORRAINE C. MILLER,CommentsClose CommentsPermalink

Clerk.CommentsClose CommentsPermalink