H.R.645 - Second Amendment Enforcement Act
To restore Second Amendment rights in the District of Columbia.
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SECTION 1. SHORT TITLE.
SEC. 2. CONGRESSIONAL FINDINGS.
(1) 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
(2) The District of Columbia has among the highest per capita murder rates 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
(4) 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, transporting for legitimate purposes, 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 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.
‘(10) ‘Machine gun’ means any firearm which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger. The term ‘machine gun’ shall also include the frame or receiver of any such firearm, any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a firearm 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
SEC. 5. REPEAL REGISTRATION REQUIREMENT AND AUTHORIZE AMMUNITION SALES.
(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
(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
(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
(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
‘(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
(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
‘(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
‘(c) Any dealer licensed under the provisions of this Act 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. In the case of a sale or transfer of a handgun to a resident of the District of Columbia, a federally licensed importer, manufacturer, or dealer of firearms in Maryland or Virginia shall be treated as a dealer licensed under the provisions of this Act for purposes of the previous sentence, notwithstanding
section 922(b)(3) of title 18, United States Code, if the transferee meets in person with the transferor to accomplish the transfer, and the sale, delivery, and receipt fully comply with the legal conditions of sale in both the District of Columbia and the jurisdiction in which the transfer occurs.’;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(4), D.C. Official Code) is amended--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.
‘PENALTIES FOR ALLOWING ACCESS OF MINORS TO LOADED FIREARMS IF INJURY RESULTS
‘(1) the firearm was stored in a securely locked container and the person did not inform the minor of the location of the key to, or the combination of, the container’s lock;CommentsClose CommentsPermalink
‘(6) when discharging the firearm, the minor was engaged in hunting or target or sport shooting under the supervision of the minor’s parent or guardian, or under the supervision of another person over the age of 18 with the parent’s or guardian’s consent; orCommentsClose CommentsPermalink
‘(e) Special Rule if Victim of Shooting Is Child of Person Committing Violation- If a violation of this section leads to the accidental shooting of a minor who is the child of the person who committed the violation, the United States attorney shall consider both the extent of the minor’s injuries and the effect of the minor’s injury or death on both of the minor’s parents when deciding whether to file charges under this section. No prosecution shall be brought in such circumstances unless the person who committed the violation behaved in a grossly negligent manner, or unless similarly egregious circumstances exist.’.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 by striking paragraph (2) and redesignating paragraph (3) as paragraph (2).CommentsClose CommentsPermalink
(b) Effective Date- The amendment 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. REGULATING INOPERABLE PISTOLS AND HARMONIZING DEFINITIONS FOR CERTAIN TYPES OF FIREARMS.
‘(2A) ‘Firearm’ means any weapon, regardless of operability, which will, or is designed or redesigned, made or remade, readily converted, restored, or repaired, or is intended to, expel a projectile or projectiles by the action of an explosive. Such term does not include--CommentsClose CommentsPermalink
SEC. 10. PROHIBITIONS OF FIREARMS FROM PRIVATE AND SENSITIVE PUBLIC PROPERTY.
‘PROHIBITIONS OF FIREARMS FROM PRIVATE AND SENSITIVE PUBLIC PROPERTY
‘Sec. 3A. (a) Private persons or entities owning property in the District of Columbia may prohibit or restrict the possession of firearms on their property by any persons, other than law enforcement personnel when lawfully authorized to enter onto the property or lessees occupying residential or business premises.CommentsClose CommentsPermalink
‘(b) The District of Columbia may prohibit or restrict the possession of firearms within any building or structure under its control, or in any area of such building or structure, which has implemented security measures (including but not limited to guard posts, metal detection devices, x-ray or other scanning devices, or card-based or biometric access devices) to identify and exclude unauthorized or hazardous persons or articles, except that no such prohibition or restriction may apply to lessees occupying residential or business premises.’.CommentsClose CommentsPermalink
SEC. 11. REGULATING THE CARRYING OF FIREARMS.
(a) Carrying Rifles or Shotguns- Section 4 of the Act of July 8, 1932 (sec. 22-4504, D.C. Official Code), is amended by inserting after subsection (a) the following new subsection:CommentsClose CommentsPermalink
‘(a-1) Except as otherwise permitted by law, no person shall carry within the District of Columbia a rifle or shotgun. A person who violates this subsection shall be subject, as applicable, to the criminal penalties set forth in section 15 and paragraph (2) of subsection (a).’.CommentsClose CommentsPermalink
(b) Authority To Carry Firearm in Certain Places and for Certain Purposes; Lawful Transportation of Firearms- The Act of July 8, 1932 (sec. 22-4501 et seq., D.C. Official Code), is amended by inserting after section 4 the following new sections:CommentsClose CommentsPermalink
‘AUTHORITY TO CARRY FIREARM IN CERTAIN PLACES AND FOR CERTAIN PURPOSES
‘Sec. 4A. Notwithstanding any other law, a person not otherwise prohibited by law from shipping, transporting, possessing, or receiving a firearm may carry such firearm, whether loaded or unloaded--CommentsClose CommentsPermalink
‘LAWFUL TRANSPORTATION OF FIREARMS
‘Sec. 4B. (a) Any person who is not otherwise prohibited by law from shipping, transporting, possessing, or receiving a firearm shall be permitted to transport a firearm for any lawful purpose from any place where he may lawfully possess the firearm to any other place where he may lawfully possess the firearm if the firearm is transported in accordance with this section.CommentsClose CommentsPermalink
‘(b)(1) If the transportation of the firearm is by a vehicle, the firearm shall be unloaded, and neither the firearm nor any ammunition being transported shall be readily accessible or directly accessible from the passenger compartment of the transporting vehicle.CommentsClose CommentsPermalink
‘(2) If the transporting vehicle does not have a compartment separate from the driver’s compartment, the firearm or ammunition shall be contained in a locked container other than the glove compartment or console, and the firearm shall be unloaded.CommentsClose CommentsPermalink
SEC. 12. INCLUDING TOY AND ANTIQUE PISTOLS IN PROHIBITION AGAINST USING AN IMITATION FIREARM TO COMMIT A VIOLENT OR DANGEROUS CRIME.
Section 13 of the Act of July 8, 1932 (sec. 22-4513, D.C. Official Code), is amended by striking ‘section 2 and section 14(b)’ and inserting ‘sections 2, 4(b), and 14(b)’.CommentsClose CommentsPermalink
SEC. 13. PROVIDING JURISDICTION TO OFFICE OF ADMINISTRATIVE HEARINGS TO HEAR CASES PERTAINING TO DENIAL OR REVOCATION OF FIREARM DEALER LICENSES.
Section 6 of the Office of Administrative Hearings Establishment Act of 2001 (D.C. Law 14-76; sec. 2-1831.03, D.C. Official Code) is amended by inserting after subsection (b-1) the following new subsection:CommentsClose CommentsPermalink
‘(b-2) In addition to those adjudicated cases listed in subsections (a), (b), and (b-1), this Act shall apply to all adjudicated cases involving the denial or revocation of a dealer license pursuant to section 406 of the Firearms Control Regulations Act of 1975.’.CommentsClose CommentsPermalink
SEC. 14. REPEALS OF DISTRICT OF COLUMBIA ACTS.
Effective on the day before the date of the enactment of this Act, the Firearms Registration Amendment Act of 2008 (D.C. Law 17-372) and the Inoperable Pistol Amendment Act of 2008 (D.C. Law 17-388) are repealed, and any provision of law amended or repealed by either of such Acts is restored or revived as if such Acts had not been enacted into law.CommentsClose CommentsPermalink
SEC. 15. SEVERABILITY.
Notwithstanding any other provision of this Act, if any provision of this Act, or any amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the other provisions of this Act and any other amendments made by this Act, and the application of such provision or amendment to other persons or circumstances, shall not be affected thereby.CommentsClose CommentsPermalink