HR 367 IHCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

H. R. 367CommentsClose CommentsPermalink

To prohibit the knowing possession of a firearm near a venue at which a Member of Congress is performing an official and representational duty or campaigning for public office.CommentsClose CommentsPermalink

IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink

January 20, 2011CommentsClose CommentsPermalink

Ms. RICHARDSON introduced the following bill; which was referred to the Committee on the JudiciaryCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To prohibit the knowing possession of a firearm near a venue at which a Member of Congress is performing an official and representational duty or campaigning for public office.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 ‘Freedom to Serve Without Fear Act of 2011’.CommentsClose CommentsPermalink

SEC. 2. FINDINGS.

The Congress finds the following:CommentsClose CommentsPermalink





(1) A central tenet of representative democracy is that citizens enjoy the right to peaceably assemble and petition their government for redress of grievances.CommentsClose CommentsPermalink





(2) For this right to be exercised meaningfully, elected representatives must be able to make themselves accessible to their constituents.CommentsClose CommentsPermalink





(3) Fear of gun violence at events where elected representatives are performing their official or representational duties has a chilling effect on our democracy in at least 2 ways:CommentsClose CommentsPermalink





(A) by discouraging citizens from engaging in the public and personal dialogue with their representatives that is the lifeblood of vibrant democratic politics; andCommentsClose CommentsPermalink





(B) by leading elected representatives to reduce the frequency and extent of personal contact with their constituents as a reasonable precaution against unreasonable threats to their personal safety.CommentsClose CommentsPermalink





(4) During the summer of 2009, there were multiple cases of persons carrying firearms outside of venues at which the President of the United States was holding meetings and official events. In one instance, a man carried an AR-15 automatic assault rifle and a sidearm. In another instance, occurring hours before a presidential town hall a week earlier, a man was arrested for breaching a security perimeter at the location of the event, and was found to be in possession of an unlicensed and loaded handgun.CommentsClose CommentsPermalink





(5) In recent months, there has been a threefold increase in the number of reported threats against Members of the United States House of Representatives and Members of the United States Senate.CommentsClose CommentsPermalink

SEC. 3. PROHIBITION ON KNOWINGLY POSSESSING A FIREARM NEAR A VENUE AT WHICH A MEMBER OF CONGRESS IS PERFORMING AN OFFICIAL AND REPRESENTATIONAL DUTY OR CAMPAIGNING FOR PUBLIC OFFICE.

(a) Prohibition- Section 922 of title 18, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(aa)(1) Except as provided in paragraph (2), it shall be unlawful for any person, in or affecting interstate or foreign commerce, to knowingly carry a firearm--CommentsClose CommentsPermalink





‘(A) in, or within 250 feet of an entrance to or exit from, a building or structure where the person knows that a Member of Congress is--CommentsClose CommentsPermalink





‘(i) performing an official and representational duty of the Member;CommentsClose CommentsPermalink





‘(ii) engaging in campaign activity as a candidate for election for Federal office for purposes of the Federal Election Campaign Act of 1971; orCommentsClose CommentsPermalink





‘(iii) engaging in campaign activity as a candidate for election for State or local office, as determined pursuant to State law; orCommentsClose CommentsPermalink





‘(B) at, or within 500 feet of, any other place where the person knows that a Member of Congress is performing such a duty or engaging in such a campaign activity,CommentsClose CommentsPermalink





if there is visible, at each place that is at the applicable distance specified in this sentence from the building, structure, or other place, a sign which clearly and conspicuously states that a Member of Congress will be present at the building, structure, or other place, and so states the time interval during which the Member of Congress is scheduled to be so present.CommentsClose CommentsPermalink





‘(2) Paragraph (1) shall not apply to the carrying of a firearm--CommentsClose CommentsPermalink





‘(A) by a law enforcement officer (whether on- or off-duty) who is authorized to carry a firearm in the line of duty; orCommentsClose CommentsPermalink





‘(B) pursuant to the express written permission of--CommentsClose CommentsPermalink





‘(i) any Member of Congress present at the location involved, which permission has been filed with the chief of police of the locality involved; orCommentsClose CommentsPermalink





‘(ii) the chief of police of the locality involved;CommentsClose CommentsPermalink





‘(C) on real property owned or rented by the carrier of the firearm;CommentsClose CommentsPermalink





‘(D) on the premises of a business in which the carrier of the firearm is employed and authorized by the employer to carry the firearm; orCommentsClose CommentsPermalink





‘(E) which is in a locked container or otherwise not readily accessible for use.CommentsClose CommentsPermalink





‘(3) If Federal investigative or prosecutive jurisdiction is asserted for a violation of this subsection, such assertion shall suspend the exercise of jurisdiction by a State or local authority, under any applicable State or local law, until Federal action is terminated.CommentsClose CommentsPermalink





‘(4) Violations of this subsection shall be investigated by the Federal Bureau of Investigation. Assistance may be requested from any Federal, State, or local agency, including the Army, Navy, and Air Force, any statute, rule, or regulation to the contrary notwithstanding.’.CommentsClose CommentsPermalink





(b) Penalties- Section 924(a) of such title is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(8) Whoever knowingly violates section 922(aa) shall be fined under this title, imprisoned not more than 10 years, or both.’.CommentsClose CommentsPermalink

SEC. 4. ENCOURAGING STATES TO ADOPT FIREARMS PROHIBITIONS SIMILAR TO FEDERAL LAW TO PROTECT STATE AND LOCAL ELECTED AND APPOINTED OFFICIALS.

(a) In General- For each fiscal year after the expiration of the period specified in subsection (b)(1) in which a State receives funds for the Edward Byrne Memorial Justice Assistance Grant Program under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.), the State shall have in effect throughout the State laws and policies that prohibit any person to knowingly possess a firearm near a venue at which an elected or appointed State or local official is performing an official and representational duty or campaigning for public office if such possession would constitute an offense under subsection (aa) of section 922 of title 18, United States Code, if such official were a Member of Congress.CommentsClose CommentsPermalink





(b) Compliance and Ineligibility-CommentsClose CommentsPermalink





(1) COMPLIANCE DATE- Each State shall have not more than 1 year from the date of enactment of this Act to comply with subsection (a), except that--CommentsClose CommentsPermalink





(A) the Attorney General may grant an additional 1 year to a State that is making good faith efforts to comply with such subsection; andCommentsClose CommentsPermalink





(B) the Attorney General shall waive the requirements of subsection (a) if compliance with such subsection by a State would be unconstitutional under the constitution of such State.CommentsClose CommentsPermalink





(2) INELIGIBILITY FOR FUNDS- For any fiscal year after the expiration of the period specified in paragraph (1), a State that fails to comply with subsection (a) shall not receive 10 percent of the funds that would otherwise be allocated for that fiscal year to the State for the Edward Byrne Memorial Justice Assistance Grant Program under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.).CommentsClose CommentsPermalink





(c) Reallocation- Amounts not allocated under such Edward Byrne Memorial Justice Assistance Grant Program to a State for failure to fully comply with subsection (a) shall be reallocated under that program to States that have not failed to comply with such subsection.CommentsClose CommentsPermalink