H.R. 2038House108th Congress (2003-2005)In Committee

Assault Weapons Ban and Law Enforcement Protection Act of 2003

Legislative Activity

Stay on top of the latest movement without scrolling through every action

8 earlier actions

HouseIntro Referral Latest Action

Sponsor introductory remarks on measure. (CR H4618)

June 21, 2004

View full timeline

HouseIntro Referral

Introduced in House

May 8, 2003

HouseIntro Referral

Referred to the House Committee on the Judiciary.

Judiciary Committee

May 8, 2003

HouseIntro Referral

Sponsor introductory remarks on measure. (CR E906)

May 9, 2003

HouseCommittee

Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.

Crime and Federal Government Surveillance Subcommittee

June 25, 2003

HouseIntro Referral

Sponsor introductory remarks on measure. (CR H539)

February 24, 2004

HouseIntro Referral

Sponsor introductory remarks on measure. (CR H729)

March 2, 2004

HouseIntro Referral

Sponsor introductory remarks on measure. (CR H1097)

March 16, 2004

HouseIntro Referral

Sponsor introductory remarks on measure. (CR H1614)

March 29, 2004

HouseIntro Referral

Sponsor introductory remarks on measure. (CR H4618)

June 21, 2004

Floor Debate

22 members

What members said about H.R. 2038 on the floor

+17

6 Republicans16 Democrats

Rep. Mark E. SouderR-IN-3 · Sep 29, 2004

Mr. Speaker, pursuant to House Resolution 803, I call up the bill (H.R. 3193) to restore second amendment rights in the District of Columbia, and ask for its immediate consideration. Mr. Speaker, I…

Mr. Speaker, pursuant to House Resolution 803, I call up the bill (H.R. 3193) to restore second amendment rights in the District of Columbia, and ask for its immediate consideration.

Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks on H.R. 3193, and to include extraneous material thereon.

Mr. Speaker, I yield myself such time as I may consume.

Today, we will be debating a bill that will go a long way in protecting the constitutional rights of the residents of the District of Columbia.

As all may know, currently in Washington, D.C., citizens are prevented from owning any handgun at all. I am bringing before you today a bill that would restore the second amendment rights of D.C. citizens. I think it is important to note that my bill would not repeal any provision of D.C. law that bans gun possession by criminals, or that punishes violent crime.

In 1976, 2 years after Congress had granted the District of Columbia home rule, the D.C. City Council passed a bill which repealed the handgun ban in the District. The handgun ban actually arrested progress. In the 5 years before 1976, when the handgun ban was put into effect, the murder rate in the District of Columbia had fallen to 27 per 100,000 from 37 per 100,000, according to researchers at the American Enterprise Institute. Five years after the ban, the murders had climbed back to 35 for every 100,000 residents. From that point, it became worse.

In the 13 years between 1987 and 2000, D.C. earned the dubious distinction as the murder capital of the United States. In 2002, it once again had the highest murder rate per 100,000 residents, making it the murder capital of the United States 14 of the last 15 years.

There have been a lot of misunderstandings and miscommunication about what this bill does and does not do. So I will address the bill's provisions in the order in which they appear in the bill.

First, the bill prohibits the District from prohibiting residents from possessing a firearm that is legal for them to possess under Federal law, while still maintaining the Federal ban on private possession of any firearm regulated by the National Firearms Act.

Second, the bill would bring the District's definition of a machine gun into conformity with Federal law and the laws of the States. Currently, the District defines the term machine gun to include firearms that fire only one shot when the trigger is pulled. That is not what a machine gun is, of course. A machine gun fires repeatedly when the trigger is pulled and held back. The District's definition is simply factually incorrect, and this bill will perform the necessary correction.

Third, the bill eliminates the District's firearms registration requirement and, logically, eliminates the penalty for the possession of an unregistered firearm. This does not, however, in any way change the Federal requirement that firearm dealers maintain records of firearm sales. Dealers will still be required to maintain Federal forms which identify the purchasers of firearms by name, address, date and place of birth, and other factors.

Fourth, the bill eliminates the District's ban on private possession of handguns and handgun ammunition.

Fifth, the bill eliminates the District's ban on the use of firearms for protection at home. Currently, the District prohibits a person from having even a lawfully owned firearm at home, loaded and assembled, and unlocked.

While some States have laws designed to have people keep firearms secured in a similar fashion when they are unattended, the District's law requires people to keep firearms unloaded and disassembled or locked even if a violent criminal is attacking them in their homes.

The U.S. Constitution, the constitutions of 44 States, Federal law, and the laws of all 50 States, and the vast majority of Americans recognize the right to use firearms for personal protection. Only the District of Columbia prohibits a person from having a firearm assembled and loaded at home for the purpose of self-defense.

That is why 229 Members of this body are not supporters of the bill, they are cosponsors of this bill. Forty-four of the cosponsors are Democrats. This is truly bipartisan legislation that has come up from the demands of the American people.

Mr. Speaker, I reserve the balance of my time.

Mr. Speaker, I yield myself such time as I may consume.

Mr. Speaker, facts are stubborn things, and the fact is that today D.C.'s murder rate is still 8 times higher than the national average.

Mr. Speaker, I yield 2\1/2\ minutes to the gentleman from Tennessee (Mr. Wamp).

Mr. Speaker, it would be illegal to shoot such a weapon now, and it would continue to be illegal to shoot such a weapon at an armored truck or anybody else under my legislation.

Mr. Speaker, I yield 2 minutes to the distinguished gentleman from Indiana (Mr. Hostettler).

(Mr. HOSTETTLER asked and was given permission to revise and extend his remarks.)

Mr. Speaker, I yield 2 minutes to the gentlewoman from Tennessee (Mrs. Blackburn), a distinguished member of the Subcommittee on Criminal Justice of the Committee on Government Reform.

Mr. Speaker, I yield 2 minutes to the distinguished gentlewoman from Colorado (Mrs. Musgrave).

Mr. Speaker, I yield myself such time as I may consume.

One would think that the District of Columbia has a good record rather than eight times the national average, leading the Nation 14 of the past 15 years in the murder rate. As a former mayor said, ``Other than the killings, their crime rate is not too bad.'' ``Other than the killings'' is a relevant thing here. We are trying to make sure honest citizens can protect themselves, not just the criminals.

Mr. Speaker, I yield 2 minutes to the distinguished gentleman from Texas (Mr. Carter), a member of the Criminal Justice, Drug Policy and Human Resources Subcommittee, and a former judge.

Mr. Speaker, I yield 2 minutes to the distinguished gentleman from Pennsylvania (Mr. Shuster).

Mr. Speaker, I yield 2 minutes to the distinguished gentlewoman from the State of Florida (Ms. Ginny Brown-Waite).

Mr. Speaker, I yield 7 minutes to the distinguished gentleman from Arkansas (Mr. Ross), the lead Democratic cosponsor of this bill. We have 44 Democratic cosponsors, and I very much appreciate his leadership and help on this issue.

Mr. Speaker, I yield 2 minutes to the gentleman from Missouri (Mr. Graves).

Mr. Speaker, I include for the Record a series of stories of individuals who were terrified but defended themselves and could have been prosecuted under the D.C. law.

I will also include for the Record, what would the District of Columbia's gun laws look like after this law passes?

What Would the District of Columbia's Gun Laws Look Like After H.R.

3193?

Even if H.R. 3193 were signed into law in its present form,

it would leave in place an extensive set of laws governing

possession, sale and use of guns. District laws would still

be far more restrictive than the laws of most states:

It would still be illegal to carry firearms outside one's

own property, either openly or concealed. Violations would

still be punishable by a fine of up to $1000 or imprisonment

for not moire than one year for a first offense, and up to

$10,000 and 10 years' imprisonment, or both, for a second

offense or for any violation by a convicted felon. All

penalties are doubled for illegal carry in a ``gun free

zone'' within 1000 feet of a school, day care center,

college, or various youth recreation facilities such as

swimming pools and video arcades.

Possession or use of a firearm while committing a crime of

violence would remain punishable by up to 30 years in prison,

with a minimum of 5 years served before parole or probation.

Handgun possession would remain illegal for drug addicts,

convicted felons, and persons convicted of various public

order offenses such as vagrancy.

It would still be illegal to possess machineguns, sawed-off

shotguns or short-barreled rifles. The definition of ``sawed-

off shotgun'' is more restrictive than federal law.

It would still be illegal to manufacture firearms or

ammunition in the District.

Vehicles used to illegally transport firearms would still

be subject to seizure and forfeiture.

All these provisions are in addition to federal laws that

extensively regulate commerce in firearms, and which provide

strict penalties for gun possession by convicted felons and

other ``prohibited persons'' and for use of firearms in

violent crimes.

H.R. 3193 focuses entirely on restoring fundamental self-

defense rights to honest citizens, by repealing the handgun

ban, gun registration laws, and laws on carry and storage in

the home that prevent people from exercising those rights.

Mr. Speaker, I yield 2 minutes to the gentlewoman from Wyoming (Mrs. Cubin).

Mr. Speaker, I reserve the right to close.

Mr. Speaker, I yield myself such time as I may consume.

In closing, I would just like to say that the citizens of D.C. have a right to defend themselves, a constitutional right to defend themselves. This has

been the murder capital of the United States for 14 of the last 15 years, currently is eight times the national average. American citizens have a right to defend themselves.

The only people who have a right to guns right now are criminals. They will still be punished. Anybody who violates the law will still be punished. Anybody who uses the type of weapons we have heard described away from their property are still going to be punished.

The question is, can law-abiding citizens defend themselves in their homes and in their businesses?

Mr. Speaker, I will insert for the Record at this time a list of the 229 cosponsors of this bill, including 44 Democratic sponsors.

--------------------------------------------------------------------------------------------------------------------------------------------------------

Office State Staff contact First contact R or D Govt. reform -------------------------------------------------------------------------------------------------------------------------------------------------------- Tim Johnson.......................... IL...................... Erik Woehrmann.............. 3-Sep.................. R Jim DeMint........................... SC...................... Kara Borie.................. 3-Sep.................. R Joe Wilson........................... SC...................... Laurin Groover.............. 3-Sep.................. R Jo Ann Davis......................... VA...................... Jonathan Kidwell............ 4-Sep.................. R X Ed Schrock........................... VA...................... Cheryl Clark................ 4-Sep.................. R X Dan Burton........................... IN...................... Mary Valentino.............. 4-Sep.................. R X Pete Sessions........................ TX...................... Tucker Anderson............. 5-Sep.................. R Jeb Hensarling....................... TX...................... Derek Baker................. 5-Sep.................. R John Carter.......................... TX...................... Ryan Henery................. 5-Sep.................. R X Kevin Brady.......................... TX...................... Gene Irisari................ 5-Sep.................. R Sam Johnson.......................... TX...................... Spencer Ritchie............. 9-Sep.................. R Michael Burgess...................... TX...................... Stacey DeFino............... 9-Sep.................. R Dennis Rehberg....................... MT...................... Jay Martin.................. 9-Sep.................. R Lamar Smith.......................... TX...................... Allison Beach............... 9-Sep.................. R Randy Neugebauer..................... TX...................... Peter Andres................ 9-Sep.................. R David Vitter......................... LA...................... Greg Facchiano.............. 9-Sep.................. R Ron Paul............................. TX...................... Anamarie Pratt.............. 10-Sep................. R Terry Everett........................ AL...................... Jeff Rabren................. 10-Sep................. R Chris Cannon......................... UT...................... Trevor Kolego............... 10-Sep................. R X Butch Otter.......................... ID...................... Brandon Heiner.............. 10-Sep................. R Adam Putnam.......................... FL...................... Casey Welch................. 11-Sep................. R X Todd Platts.......................... PA...................... Nate Sloan.................. 11-Sep................. R X Joe Barton........................... TX...................... Joby Fortson................ 11-Sep................. R Candice Miller....................... MI...................... David Hemenway.............. 12-Sep................. R X Virgil Goode......................... VA...................... Ward Anderson............... 12-Sep................. R Phil Gingrey......................... GA...................... Jonathan Osborne............ 16-Sep................. R Barbara Cubin........................ WY...................... Brandi Ladd................. 16-Sep................. R Ron Lewis............................ KY...................... Josh Nacey.................. 17-Sep................. R X John Sullivan........................ OK...................... John Rainbolt............... 17-Sep................. R X Spencer Bachus....................... AL...................... Johanna Cole................ 22-Sep................. R Marsha Blackburn..................... TN...................... Mike Platt.................. 23-Sep................. R X John Duncan.......................... TN...................... Patra Stephen............... 23-Sep................. R X Bill Janklow......................... SD...................... Marshall Damgard............ 24-Sep................. R X Bob Ney.............................. OH...................... Greg Mesack................. 24-Sep................. R Nathan Deal.......................... GA...................... Todd Smith.................. 24-Sep................. R X Ernest Istook........................ OK...................... John Albaugh................ 24-Sep................. R John Mica............................ FL...................... Gary Burns.................. 24-Sep................. R X Pat Toomey........................... PA...................... Brain Wild.................. 25-Sep................. R Bob Goodlatte........................ VA...................... Branden Ritchie............. 25-Sep................. R John Doolittle....................... CA...................... Kara Dougherty.............. 26-Sep................. R Roscoe Bartlett...................... MD...................... Chris Tontz................. 26-Sep................. R Mac Collins.......................... GA...................... Shawn Friesen............... 26-Sep................. R Mike Rogers.......................... AL...................... Amy Albro................... 26-Sep................. R Jeb Bradley.......................... NH...................... Brien Miller................ 29-Sep................. R Wally Herger......................... CA...................... Dan MacLean................. 29-Sep................. R Thaddeus McCotter.................... MI...................... Patrick Rothwell............ 29-Sep................. R Steve King........................... IA...................... Brenna Findley.............. 29-Sep................. R Cass Ballenger....................... NC...................... Tim Linker.................. 29-Sep................. R Roger Wicker......................... MS...................... Susan Sweat................. 29-Sep................. R Duke Cunningham...................... CA...................... Katie Hanvey................ 29-Sep................. R Marilyn Musgrave..................... CO...................... Jacob Leis.................. 29-Sep................. R Ginny Brown-Waite.................... FL...................... Bob Honold.................. 30-Sep................. R Robin Hayes.......................... NC...................... Jon Causey.................. 30-Sep................. R Sam Graves........................... MO...................... Paul Sass................... 30-Sep................. R Trent Franks......................... AZ...................... John Graves................. 30-Sep................. R Tom Feeney........................... FL...................... Ryan Visco.................. 30-Sep................. R Jim Gibbons.......................... NV...................... Dan Waters.................. 30-Sep................. R Chip Pickering....................... MS...................... Mike Hurst.................. 30-Sep................. R Chris Chocola........................ IN...................... Rich Dunn................... 30-Sep................. R Steve Pearce......................... NM...................... Matt Meagher................ 30-Sep................. R Gresham Barrett...................... SC...................... Greg Thomas................. 30-Sep................. R Eric Cantor.......................... VA...................... Bill Doblow................. 30-Sep................. R Jeff Miller.......................... FL...................... Steve Holton................ 30-Sep................. R John Hostettler...................... IN...................... Erin Berry.................. 1-Oct.................. R Duncan Hunter........................ CA...................... Lorissa Bounds.............. 1-Oct.................. R Todd Akin............................ MO...................... Franz Kohler................ 1-Oct.................. R Jo Bonner............................ AL...................... ............................ 1-Oct.................. R Henry Brown.......................... SC...................... Joe Gleboki................. 2-Oct.................. R John Boozman......................... AR...................... Brian Bullard............... 2-Oct.................. R John Culberson....................... TX...................... Ellie Essalih............... 3-Oct.................. R Roy Blunt............................ MO...................... Amy Field................... 3-Oct.................. R Johnny Isakson....................... GA...................... Tucker Shumack.............. 6-Oct.................. R John Kline........................... MN...................... Jim McGuire................. 6-Oct.................. R Mike Simpson......................... ID...................... John Revier................. 7-Oct.................. R Rick Renzi........................... AZ...................... Joanne Keene................ 7-Oct.................. R Don Young............................ AK...................... Justin Sprinzen............. 7-Oct.................. R Todd Tiahrt.......................... KS...................... AmyClair Brusch............. 8-Oct.................. R Bill Shuster......................... PA...................... Alex Mistri................. 8-Oct.................. R Mike Pence........................... IN...................... Trip Radtke................. 8-Oct.................. R Jack Kingston........................ GA...................... Stephen Anderson............ 9-Oct.................. R Donald Manzullo...................... IL...................... Conor Brown................. 9-Oct.................. R Philip Crane......................... IL...................... Andrew Wankum............... 9-Oct.................. R Charlie Norwood...................... GA...................... Jason Paluskiewiz........... 10-Oct................. R Jim Ryun............................. KA...................... Marcus Friesen.............. 10-Oct................. R Rob Bishop........................... UT...................... Miriam Harmer............... 14-Oct................. R Richard Baker........................ LA...................... Scott Kirkpatrick........... 14-Oct................. R Joseph Pitts......................... PA...................... Cindy Diggs................. 15-Oct................. R Lee Terry............................ NE...................... Robert Stein................ 15-Oct................. R Mike Rogers.......................... MI...................... Mike Ward................... 15-Oct................. R Zach Wamp............................ TN...................... Alex Richard................ 17-Oct................. R Robert Aderholt...................... AL...................... Brian Johnston.............. 20-Oct................. R Jerry Weller......................... IL...................... Troy Babson................. 20-Oct................. R Jim McCrery.......................... LA...................... Bob Brooks.................. 20-Oct................. R Bob Beauprez......................... CO...................... Bruce Miller................ 21-Oct................. R Randy Forbes......................... VA...................... Andy Halataei............... 21-Oct................. R Henry Bonilla........................ TX...................... Patrick Anderson............ 21-Oct................. R Thomas Petri......................... WI...................... Elizabeth Foy............... 21-Oct................. R Melissa Hart......................... PA...................... William Rys................. 23-Oct................. R Billy Tauzin......................... LA...................... James White................. 27-Oct................. R Steve Buyer.......................... IN...................... Myrna Dugan................. 28-Oct................. R Deborah Pryce........................ OH...................... Peter Freeman............... 29-Oct................. R Fred Upton........................... MI...................... Charles Yessiaian........... 29-Oct................. R Thomas Reynolds...................... NY...................... Tina Mufford................ 30-Oct................. R

William Jenkins...................... TN...................... Megan Caldwell.............. 30-Oct................. R Steve Chabot......................... OH...................... Kevin Fitzpatrick........... 31-Oct................. R Wiliam Thornberry.................... TX...................... Trey Bahm................... 3-Nov.................. R Cliff Stearns........................ FL...................... Alan Hill................... 3-Nov.................. R Scott Garrett........................ NJ...................... Jay Fahrer.................. 5-Nov.................. R Ken Calvert.......................... CA...................... Deena Contreras............. 7-Nov.................. R Phil English......................... PA...................... Christine Rogala............ 12-Nov................. R Devin Nunes.......................... CA...................... Kedrin Simms................ 18-Nov................. R Max Burns............................ GA...................... Zach Procter................ 19-Nov................. R Tom Tancredo......................... CO...................... Mac Zimmerman............... 21-Nov................. R Jim Nussle........................... IA...................... Luke........................ 24-Nov................. R Tom Cole............................. OK...................... Chris Arnold................ 1-Dec.................. R Rick Keller.......................... FL...................... Mike Shutley................ 9-Jan.................. R Scott McInnis........................ CO...................... Jack Allen.................. 22-Jan................. R Walter Jones......................... NC...................... Anne Cassity................ 26-Jan................. R Sue Myrick........................... NC...................... Matt Priest................. 28-Jan................. R John Peterson........................ PA...................... Angela Ambrose.............. 29-Jan................. R Dana Rohrabacher..................... CA...................... Meredith Curcio............. 29-Jan................. R Mario Diaz-Balart.................... FL...................... Charles Cooper.............. 29-Jan................. R Paul Ryan............................ WI...................... Ryan........................ 4-Feb.................. R Joel Hefley.......................... CO...................... Larry Hoja.................. 9-Feb.................. R Nick Smith........................... MI...................... Alan Knapp.................. 26-Feb................. R Frank Lucas.......................... OK...................... Marna Harris................ 26-Feb................. R Darrell Issa......................... CA...................... Josh Brown.................. 9-Mar.................. R Gary G. Miller....................... CA...................... Sandra...................... 11-Mar................. R Jeff Flake........................... AZ...................... Margaret Klessig............ 12-Mar................. R Tom Latham........................... IA...................... Kevin Berents............... 22-Mar................. R Kenny Hulshof........................ MO...................... Shaun Duignan............... 25-Mar................. R Nicholas Lampson..................... TX...................... Aaron Schmidt............... 31-Mar................. R Gary Miller.......................... CA...................... John Rothrock............... 1-Apr.................. R Curt Weldon.......................... PA...................... Mary........................ 5-Apr.................. R George Radanovich.................... CA...................... Emma........................ 23-Apr................. R Sherwood Boehlert.................... NY...................... Sam......................... 23-Apr................. R Charles Taylor....................... NC...................... Adam Shepard................ 26-Apr................. R Dave Weldon.......................... FL...................... Eric........................ 26-Apr................. R Jo Ann Emerson....................... MO...................... Tony Eberhard............... 28-Apr................. R Greg Walden.......................... OR...................... Dallas...................... 28-Apr................. R Shelley M. Capito.................... WV...................... Adam........................ 4-May.................. R Richard Pombo........................ CA...................... Josh Rolph.................. 5-May.................. R Harold Rogers........................ KY...................... Ben......................... 12-May................. R Katherine Harris..................... FL...................... Stuart Mallory.............. 17-May................. R X Dave Camp............................ MI...................... Chris Wenk.................. 17-May................. R Jim Gerlach.......................... PA...................... William Tighe............... 19-May................. R Gil Gutknecht........................ MN...................... Ryan McLaughlin............. 19-May................. R Mark Kennedy......................... MN...................... Tim Morrison................ 1-Jun.................. R Steven LaTourette.................... OH...................... Ryan........................ 2-Jun.................. R X Anne Northup......................... KY...................... Brooken Smith............... 4-Jun.................. R Richard Burr......................... NC...................... Ricky Welborn............... 4-Jun.................. R John Shimkus......................... IL...................... Bill........................ 9-Jun.................. R Howard McKeon........................ CA...................... Brandi...................... 9-Jun.................. R George Nethercutt.................... WA...................... Rob......................... 9-Jun.................. R Don Sherwood......................... PA...................... John Ormasa................. 9-Jun.................. R Doc Hastings......................... WA...................... Jenny Gorski................ 9-Jun.................. R John McHugh.......................... NY...................... Melanie Turpin.............. 9-Jun.................. R X Jerry Moran.......................... KS...................... Jenny Guttery............... 14-Jun................. R Ed Whitfield......................... KY...................... Benjamin Beaton............. 15-Jun................. R Charles Bass......................... NH...................... Jennifer Warren............. 16-Jun................. R Tom DeLay............................ TX...................... Elliot Burke................ 16-Jun................. R John Linder.......................... GA...................... Mike Swansburg.............. 16-Jun................. R John Boehner......................... OH...................... Gary........................ 17-Jun................. R John Sweeney......................... NY...................... Jim Christopolous........... 17-Jun................. R Kay Granger.......................... TX...................... Darin....................... 17-Jun................. R Patrick Tiberi....................... OH...................... Adam (LD)................... 17-Jun................. R X Ed Royce............................. CA...................... Darin Schrader.............. 17-Jun................. R Ander Crenshaw....................... FL...................... Francis..................... 17-Jun................. R Paul Gillmor......................... OH...................... Andrew Beck................. 18-Jun................. R Joseph Knollenberg................... MI...................... Kelly Haskin................ 20-Jun................. R Michael Bilirakis.................... FL...................... Jerry White................. 20-Jun................. R Jerry Lewis.......................... CA...................... Arlene...................... 20-Jun................. R Lincoln Diaz-Balart.................. FL...................... Ceaser Gonzo................ 22-Jun................. R John Shadegg......................... AZ...................... Stephen Prather............. 22-Jun................. R Elton Gallegly....................... CA...................... Michelle M.................. 22-Jun................. R Ileana Ros-Lehtinen.................. FL...................... ............................ 6-Jul.................. R X Howard Coble......................... NC...................... Anna Sagley................. 15-Jul................. R Jim Kolbe............................ AZ...................... ............................ ....................... R Judy Biggert......................... IL...................... ............................ ....................... R Micheal Turner....................... OH...................... ............................ 8-Jul.................. R X Michael Oxley........................ OH...................... ............................ 21-Jul................. R Peter Hoekstra....................... MI...................... ............................ 21-Jul................. R Rob Portman.......................... OH...................... ............................ ....................... R Ralph Regula......................... OH...................... ............................ ....................... R --------------------------------------------------------------------------------------------------------------------------------------------------------

Mr. Speaker, I yield back the balance of my time.

Mr. Speaker, I demand a recorded vote.

Rep. Eleanor Holmes NortonD-DC · Sep 29, 2004

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I am compelled to begin by noting the ludicrous logic on which this debate has already begun. The gentleman from Indiana (Mr.…

Mr. Speaker, I yield myself such time as I may consume.

Mr. Speaker, I am compelled to begin by noting the ludicrous logic on which this debate has already begun. The gentleman from Indiana (Mr. Souder), the prime sponsor, has just argued that gun safety laws cause murders by arguing the fallacious notion of causation. I am embarrassed for the statement.

Mr. Speaker, in my nearly 14 years in Congress, I have come to regard Members not only as colleagues but as friends. At the same time, I have seen various Members of Congress try to do some low-down, dirty, mean things to the people of the District of Columbia, all to promote their own political agendas against the will of the people who live here.

This bill to repeal the city's gun safety laws, when child gun killings have sharply increased, scrapes the bottom of the lowest level yet. As citizens, we in the District of Columbia do not take attacks on our all-American right to self-government lying down. I am grateful that these attacks occur less frequently today, and am particularly grateful to the appropriators who have

discouraged the use of the D.C. appropriation for such attacks.

Congress has seen that we are prepared to fight and fight hard, with D.C. appropriation fights in the past sometimes lasting 8 to 10 hours, with vetoes of our appropriation that we encourage to compel changes. And Congress has seen that we are always prepared to take the fight to the home district of a Member to let his own constituents know that their Member is taking time from their concerns to mettle in the local business of a local jurisdiction far from home.

Notwithstanding prior fights on D.C. matters, the attempt to repeal our gun safety laws is a brand new low for this body. That we are here discussing this matter is yet a new low. Repeal shows special contempt for the people who live here because the city has sharply reduced its homicide rate, now at a 20-year low, down almost 25 percent this year alone, and down 55 percent since the assault weapon ban and the Brady bill were passed in 1994. At the same time, the city is heartbroken that 16 children have been killed by gunfire, more than in any recent year.

Repeal advocates claim they want guns here to help people protect themselves. Can repeal help the children killed by guns in increasing numbers here in the Nation's Capital to protect themselves?

Mr. Speaker, I include for the Record the 16 names of the children killed by gunfire this year, and an article on Chelsea Cromartie, the youngest of these children.

More Guns Mean More Children Dying

Robert Adams, 16; Chelsea Cromartie, 8; Devaun Drayton, 17;

Javon Gaskins, 16; Timothy Hamilton, 15; Jahkema Hansen, 14;

Antoine Holroyd, 16; Myesha Lowe, 15; David McMorris, 16;

James Richardson, 17; Michael Simms, 17; Franklin Smith, 17;

Wardell Smith, 17; Michael Swann, 13; Roderick Valentine, 16

and Ashley Walker, 16.

D.C. Homicides Down 24% this year but, more children slain

by guns in the first 5 months of this year than in all of

last year and more than in any recent years.

Save Our Children.

Mr. Speaker, I yield 3 minutes to the gentleman from California (Mr. Waxman), the ranking member of the full committee with jurisdiction over this bill.

Mr. Speaker, I take the gentleman's suggestion that we can scare criminals away by yelling ``gun'' but not that we have guns in our own homes fully assembled, loaded and ready to go.

Mr. Speaker, I yield 2 minutes to the gentlewoman from California (Ms. Harman).

Mr. Speaker, for the information of the gentlewoman, 100,000 guns are registered in the District of Columbia. We encourage people to use rifles for sports.

Mr. Speaker, I am pleased to yield 1\1/2\ minutes to the gentlewoman from California (Mrs. Capps).

Mr. Speaker, I am pleased to yield 1\3/4\ minutes to the gentlewoman from Indiana (Ms. Carson).

Mr. Speaker, I yield 2 minutes to the distinguished gentleman from Virginia (Mr. Tom Davis), chairman of the Committee on Government Reform.

Mr. Speaker, I yield myself such time as I may consume.

My law-abiding citizens in the southeast and everywhere else in the District of Columbia have not elected this Member but only the Member before him. So I would appreciate the courtesy of his not telling me what the law-abiding citizens of the southeast want or need. They will get rid of me if I am doing the wrong thing today. They cannot touch him, unfortunately, if he does the wrong thing.

Mr. Speaker, I yield 1\1/2\ minutes to the gentlewoman from New York (Mrs. McCarthy).

Mr. Speaker, I yield 1 minute to the gentleman from Missouri (Mr. Clay).

Mr. Speaker, I yield myself such time as I may consume.

Mr. Speaker, in all deference to the gentleman from Arkansas, handguns in homes in this town are not used by people. Those guns, according to the police chief, quickly make their way to the streets and do not stay at home. At home, however, they are overwhelmingly used for domestic violence.

Mr. Speaker, I yield 1 minute to the gentleman from Pennsylvania (Mr. Fattah), the ranking member of the Subcommittee on the District of Columbia of the Committee on Appropriations.

Mr. Speaker, I include for the Record an article on al Qaeda seeking ties to local gangs that appeared in the Washington Times.

[From the Washington Times, Sept. 28, 2004]

Al Qaeda Seeks Tie to Local Gangs

(By Jerry Seper)

A top al Qaeda lieutenant has met with leaders of a violent

Salvadoran criminal gang with roots in Mexico and the United

States--including a stronghold in the Washington area--in an

effort by the terrorist network to seek help infiltrating the

U.S.-Mexico border, law enforcement authorities said.

Adnan G. El Shukrijumah, a key al Qaeda cell leader for

whom the U.S. government has offered a $5 million reward, was

spotted in July in Honduras meeting with leaders of El

Salvador's notorious Mara Salvatrucha gang, which immigration

officials said has smuggled hundreds of Central and South

Americans--mostly gang members--into the United States.

Although they are actively involved in alien, drug and

weapons smuggling, Mara Salvatrucha members in America also

have been tied to numerous killings, robberies, burglaries,

carjackings, extortions, rapes and aggravated assaults--

including at least seven killings in Virginia and a machete

attack on a 16-year-old in Alexandria that severely mutilated

his hands.

The Salvadoran gang, known to law enforcement authorities

as MS-13 because many members identify themselves with

tattoos of the number 13, is thought to have established a

major smuggling center in Matamoros, Mexico, just south of

Brownsville, Texas, from where it has arranged to bring

illegal aliens from countries other than Mexico into the

United States.

Authorities said al Qaeda terrorists hope to take advantage

of a lack of detention space within the Department of

Homeland Security that has forced immigration officials to

release non-Mexican illegal aliens back into the United

States, rather than return them to their home countries.

Less than 15 percent of those released appear for

immigration hearings. Nearly 60,000 illegal aliens designated

as other-than-Mexican, or OTMs, were detained last year along

the U.S.-Mexico border.

El Shukrijumah, born in Saudi Arabia but thought to be a

Yemen national, was spotted in Tegucigalpa, Honduras, in

July, having crossed the border illegally from Nicaragua

after a stay in Panama. U.S. authorities said al Qaeda

operatives have been in Tegucigalpa planning attacks against

British, Spanish and U.S. embassies.

Known to carry passports from Saudi Arabia, Trinidad,

Guyana and Canada, El Shukrijumah had sought meetings with

the Mara Salvatrucha gang leaders who control alien-smuggling

routes through Mexico and into the United States.

El Shukrijumah, 29, who authorities said was in Canada last

year looking for nuclear material for a so-called ``dirty

bomb'' and reportedly has family members in Guyana, was named

in a March 2003 material-witness arrest warrant by federal

prosecutors in Northern Virginia, where U.S. Attorney Paul J.

McNulty said he is sought in connection with potential

terrorist threats against the United States.

A former southern Florida resident and pilot thought to

have helped plan the September 11 attacks, El Shukrijumah was

among seven suspected al Qaeda operatives identified in May

by Attorney General John Ashcroft as being involved in plans

to strike new targets in the United States.

Citing ``credible intelligence from multiple sources,'' Mr.

Ashcroft said at the time that El Shukrijumah posed ``a clear

and present danger to America.'' In August, an FBI alert

described him as ``armed and dangerous'' and a major threat

to homeland security.

Earlier this month, Mr. Ashcroft confirmed that U.S. border

agents and inspectors had ramped up efforts to find El

Shukrijumah amid reports that the al Qaeda leader was thought

to be seeking entry routes into the United States along the

U.S.-Mexico border.

Mr. Ashcroft noted that increased enforcement efforts were

under way in the wake of a rise of arrests of border jumpers

from Afghanistan, Indonesia, Iran, Iraq, Jordan, Pakistan,

the Philippines, Saudi Arabia and Syria.

Authorities said Mara Salvatrucha gang members moved into

the Los Angeles area in the 1980s and developed a reputation

for being organized and extremely violent. The gang since has

expanded into the Washington area, including Virginia and

Maryland, and into Oregon, Alaska, Texas, Nevada, Utah,

Oklahoma, Illinois, Michigan, New York, Georgia and Florida.

More than 3,000 Mara Salvatrucha gang members are thought

to be in the Washington area, with a major operation in

Northern Virginia. Other gang centers, authorities said,

include Montgomery and Prince George's counties and the

Hispanic neighborhoods of Washington.

Mr. McNulty, whose office has prosecuted Mara Salvatrucha

gang members, has described the organization as the ``gang of

greatest interest'' to law enforcement authorities. He said

gang members are recruited predominantly from Hispanic

communities and typically among juveniles, some as young as

13. Recruits are ``jumped'' into the gang by being beaten by

members while others count to 13, he said.

Gang rules, he said, are indoctrinated into new recruits

and ruthlessly enforced. Those who cooperate with law

enforcement are given the ``green light,'' he said, meaning

that the gang had approved their killing.

In March, the Los Angeles City Attorney's Office filed an

injunction against Mara Salvatrucha, charging that the gang's

criminal activity constituted a ``public nuisance'' based on

the number of killings, robberies and drug crimes. The

injunction requires gang members, under public nuisance

statutes, to follow curfew rules and regulations and

prohibits them from associating, driving or appearing

together in designated areas of the city.

Mr. Speaker, I yield 1 minute to the gentleman from Illinois (Mr. Davis), a member of the full committee.

Mr. Speaker, I yield 1 minute to the gentleman from Maryland (Mr. Van Hollen).

Mr. Speaker, I yield 45 seconds to the gentlewoman from California (Ms. Woolsey).

(Ms. WOOLSEY asked and was given permission to revise and extend her remarks.)

Mr. Speaker, I yield myself such time as I may consume.

In closing, I would just like to give the Members a sense of what this bill would do. If it passes, it would allow someone to carry a 50- caliber sniper rifle in one hand, armor-piercing ammunition, and incendiary combination ammunition in the other, and go into our Metro, so long as he, and let me read this to my colleagues, Mr. Speaker, as long as he was on his way to an informal target practice or a dog obedience training class.

Mr. Speaker, this is sheer lunacy. Save yourself from embarrassment. Save our children. Save our Nation. Save this Congress from looking like idiots and fools in the middle of an orange alert by bringing more guns into the Nation's capital. Vote ``no'' on H.R. 3193.

Mr. Speaker, I yield back the balance of my time.

Rep. Louise McIntosh SlaughterD-NY-28 · Sep 29, 2004

Mr. Speaker, I rise in opposition to this rule and this bill. The rule before us is a closed rule allowing only 60 minutes of debate and prohibits consideration of all the Democratic amendments…

Mr. Speaker, I rise in opposition to this rule and this bill. The rule before us is a closed rule allowing only 60 minutes of debate and prohibits consideration of all the Democratic amendments offered to the Rules Committee.

Mr. Speaker, this bill repeals District of Columbia's laws that ban the sale and possession of handguns and semiautomatic weapons that have been in effect for over three decades.

Our constituents expect us to work on issues of national concern.

They expect us to complete the annual appropriations process and avoid a government

shutdown. Yet, today, with the end of the fiscal year 2 days away, Congress has only managed to complete one appropriation bill.

They expect us to continue to provide States with Federal assistance to build and maintain the Nation's highways. However, Congress has not acted to renew authorization for billions of dollars for critical surface transportation projects that expire on Friday. They expect us to take up the 9/11 Commission's recommendations to make America safer. They expect us to enact legislation to create new jobs and address the plight of the unemployed.

They do not expect us to waste the little time remaining on a bill that the chief sponsor in the other body has all but abandoned hope of getting to the President.

Why on earth is this body squandering the little time remaining in this session on this bill? One word. Politics. Brazen, election-year politics.

With only 7 legislative days left in this Congress, I know that my constituents sent me here to vote on bills of more importance to their lives.

H.R. 3193 repeals several District of Columbia firearms laws and limits the authority of the District to enact new firearms legislation.

Specifically, the bill repeals the District's ban on the sale and possession of handguns, handgun ammunition and semiautomatic weapons.

Mr. Speaker, I do not know where to begin in expressing my outrage about the legislation before us today.

The rule before us blocks consideration of meritorious amendments offered by my colleagues at Rules last night. These amendments would have reinstated the District's ban on semiautomatic assault weapons, reinstated the Federal ban on semiautomatic assault weapons, and reinstated the District's prohibition on the sale of armor-piercing bullets--the so-called ``cop-killer'' bullets.

I think the majority of our constituents would be appalled to learn that this bill exempts semiautomatic weapons that fire 12 or more shots without manual reload from the District's ``machine gun'' restrictions.

We should be here considering legislation to renew the national assault weapons ban that unceremoniously expired a couple of weeks ago--not making a mockery of DC's restrictions on semi-automatic weapons.

As DC Mayor Anthony Williams wrote to congressional leadership, ``It is unthinkable that while the Nation's capital is under alert, Congress should take action to expose more than half a million residents, almost 200,000 federal workers and 20 million tourists to greater danger.''

It is unthinkable to put our officers at greater risk at a time when Capitol Police--alone--are asking for $20 million to secure the Capitol Building for this year. The last thing they need to hear is that semi- automatic weapons can now be carried on the National Mall or cop-killer bullets are legal in the District.

It is worth pointing out the hypocrisy of my colleagues who support this bill by arguing that the District's gun laws infringe on DC citizens' second amendment right to bear arms.

While the bill changes the law to allow DC residents to carry pistols, open or concealed, in their homes and places of business, it does not repeal another DC gun law. The law we will not repeal today is the provision outlawing people from carrying or having readily access to a firearm ``upon the United States Grounds or within the Capital Buildings.''

So we will vote to approve guns in another person's workplace in DC, but not in our offices.

It is unthinkable that only 2 years after the Washington area was terrorized by snipers who killed 10 people in the region, and while the Nation's capital is still under a terrorist alert, Congress would take action on this bill.

We must not lose sight of the innocent victims of gun violence.

Yesterday, the front page of the Washington Post reported that a 13- year-old boy was fatally shot inside his apartment, the 21st child killed this year in DC.

When we voted on this same issue in the aftermath of the Columbine shootings, it failed by a vote of 175 to 250. I hope my colleagues remember their outrage to that senseless killing and recognize that this bill and the recent lapse of the 1994 Federal ban on semi- automatic weapons place our children in more danger.

So, Mr. Speaker, to recap, we are not considering bills to create jobs, we are not passing the budgets for Federal agencies and services, and we are not improving our homeland security. No, today we are debating legislation to allow more lethal guns and ammunition to be on the streets of our Nation's capital--in the hands of would-be terrorists, gang members, and other violent criminals.

Mr. Speaker, again, I strongly urge my colleagues to oppose this closed rule and to vote against the underlying bill.

Rep. Chris Van HollenD-MD-8 · Sep 29, 2004

Mr. Speaker, I am proud to join today with my colleague, the gentlewoman from the neighboring congressional district, the District of Columbia (Ms. Norton), in opposing this bill. The District of…

Mr. Speaker, I am proud to join today with my colleague, the gentlewoman from the neighboring congressional district, the District of Columbia (Ms. Norton), in opposing this bill.

The District of Columbia's gun laws have already been upheld by the Federal courts as constitutional, so the second amendment argument in this context is just a bogus one.

This bill represents the height of arrogance. Members of this body have got to stop treating the District of Columbia and the people of the District of Columbia as their personal playground where they impose their will on people who did not elect them. The people of the District of Columbia elected the gentlewoman from the District of Columbia (Ms. Norton). They elected the Mayor. They elected the D.C. Council. They elected the people who put these laws into effect.

This legislation is nothing more than a contemptible effort to placate certain special interests at the expense of the people of the District of Columbia.

We talk about a world upside down. The House leadership have prohibited this body from taking a vote on extending the ban on military-style assault weapons; and at the same time today we rush through a bill put at the top of the schedule to impose our will against the wishes of the people of the District of Columbia.

Mr. Speaker, I will insert for the Record a letter from the representatives of the business community of Washington, D.C., the Washington Board of Trade, opposing this legislation at this time.

September 20, 2004.

Hon. J. Dennis Hastert,

Speaker, House of Representatives.

Hon. Tom DeLay,

Majority Leader, House of Representatives.

Dear Speaker Hastert and Majority Leader DeLay: As the

unified voice of business in Washington, DC, we are deeply

troubled by efforts within the House Republican caucus to

repeal the gun safety laws that exist for the protection of

the families, workers and tourists of the District of

Columbia.

If passed by Congress into law, The District of Columbia

Personal Protection Act (H.R. 3193) would eliminate the ban

on handguns in the District of Columbia, eliminate the ban on

semiautomatic weapons, eliminate criminal penalties for

possession of unregistered firearms and even eliminate

registration requirements for ammunition and other firearms.

The rollback of these fundamental public safety laws would

have a significant, negative effect on the District's

business climate, and could undermine the foundations of our

city's economy and quality of life.

The leaders of this city are working hard every day to

sustain the progress of recent years by making this an even

more attractive destination for tourism, redevelopment and

relocation. We have had to overcome the lingering perception

that D.C. neighborhoods are especially unsafe, and that our

city is uniquely susceptible to terrorist attack in the

aftermath of 9/11.

To those ends, we have been very successful. Last year,

more than six million people visited Downtown Washington.

Large, international retailers have returned to the District,

making this a regional shopping destination once again. The

District's restaurant scene has never been more vibrant, as

nearly 30 restaurants have opened in the downtown area since

1999 alone, while the District's hotel market has nearly

returned to its pre-9/11 performance. Finally, the

performance of our city's office market is the best in the

nation--at this time, we are the only major downtown market

in the United States with a vacancy rate under ten percent.

However, much of our progress could be undone by passage of

this bill into law. This would fuel the harmful perception

that the District is a haven for weapons that have no place

in our society, and that visitors, employers and new

residents should come here at their own risk. Given the

continued efforts of the business community to sustain our

economic recovery, and the extraordinary steps of our state

and local governments to safeguard against terrorist attack,

the District of Columbia Personal Protection Act is the last

thing our city needs right now. We intend to pursue vigorous

efforts to see this bill defeated, and we hope that you will

not allow this bill to reach the floor of the House of

Representatives for a vote.

Thank you in advance for your consideration.

Sincerely,

Robert A. Peck, President, Greater Washington Board of

Trade.

Robert A. Malson, President, District of Columbia Hospital

Association.

John Childers, President and CEO, Consortium of

Universities of the Washington Metropolitan Area.

Barbara R. Lang, President and CEO, DC Chamber of Commerce.

William A. Hanbury, President and CEO, Washington, DC

Convention and Tourism Corporation.

Lynne Breaux, Executive Director, Restaurant Association

Metropolitan Washington.

Reba Pittman Walker, President, Hotel Association of

Washington, DC.

Rep. Mike RossD-AR-4 · Sep 29, 2004

I yield to the gentleman from Oklahoma. (Mr. CARSON of Oklahoma asked and was given permission to revise and extend his remarks.) Mr. Speaker, reclaiming my time, I rise today and join 43 of my…

I yield to the gentleman from Oklahoma.

(Mr. CARSON of Oklahoma asked and was given permission to revise and extend his remarks.)

Mr. Speaker, reclaiming my time, I rise today and join 43 of my Democratic colleagues to voice my support for H.R. 3193, a bill that would allow citizens of the District of Columbia to own rifles, shotguns and handguns.

The second amendment of the Constitution of the United States of America specifically grants all Americans the right to bear arms in order to protect themselves and their families. Under this bill, Washington, D.C. citizens would simply have the same self-defense rights as residents of the 50 States of America do.

In a New York Sun editorial printed on Thursday, September 23 of this year, a D.C. resident expressed his concerns on not being able to legally protect his home from intruders. He stated, ``The fact is, if you have an intruder come to your home, there is nothing you can do to protect yourself except wait for the police.'' This Washington, D.C. resident went on to describe an incident where he stared and waited as a man was attempting to break into his home.

This is absolutely inexcusable. No one, no one, should be forced to sit and wait while witnessing an intrusion upon their home, upon their family, possibly putting themselves and their family in danger.

Mr. Speaker, I stay in Washington, D.C. 3 or 4 nights most weeks, and I truly believe the police do a fine job in this city. But if someone were to break into my apartment, I would have to wait for them to arrive before any action to be taken.

If I were to have a gun, if I were to have gone through all the red tape, which includes taking an exam and paying money for fees and a license to have a shotgun in my home, I would have to take the time to assemble or unlock and load my gun. By that time, it could be too late to defend myself. No intruder is going to stand around and wait for me to assemble or unlock and load my gun, and they certainly are not going to wait for the police to arrive before completing the job they came to do.

Mr. Speaker, this is not just a matter of personal protection, it is a matter of constitutional freedom. The second amendment is a right bestowed upon us by our Founding Fathers. It is a right I have exercised my entire life in my home State of Arkansas.

Current Washington, D.C. law requires all guns to be registered with the Metropolitan Police Department. All handguns are banned unless they were registered before the gun ban was enacted, but, even so, Washington, D.C. citizens are prohibited from carrying their handguns in their homes, even those legal handgun owners. Rifles and shotguns can be legally registered and owned, but they must be stored unloaded and disassembled or locked.

The District of Columbia has some of the most restrictive gun laws in the Nation, but at the same time, the District has one of the highest murder rates in the United States of America. Prior to the enactment of the gun ban, homicide had been declining in Washington, D.C. but increased after the ban was imposed back in 1976. In 2002, the D.C. homicide rate was almost double the rate when the handgun ban took effect, and was five times higher than the national average.

H.R. 3193 simply allows law-abiding citizens to possess a firearm without going through the registration requirements and they would not suffer criminal penalties for such possession. This bill permits storage of armed firearms in one's home or place of business and repeals the ban on the possession of

ammunition, allowing citizens to protect their home and family in times of danger within Washington, D.C., as families can do in all 50 States across America.

H.R. 3193 would not affect any law directed at true criminal conduct. This bill leaves in place strict penalties for gun possession by criminals and for those who commit a violent crime with a gun.

Any criminal interested in obtaining a gun for harm against another can easily do so right now. This bill simply ensures that law-abiding citizens of the District of Columbia are able to protect themselves by legally owning a firearm, just as the citizens of the 50 States of America can do.

Mr. Speaker, this is a piece of commonsense legislation, and I urge my colleagues to join the 44 Democratic cosponsors of this legislation and vote in favor of the bill.

Show 8 more

Bill Text

Latest available legislative text

Reading Mode

Raw Text PDF

Introduced in HouseIssued May 8, 2003

        [Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2038 Introduced in House (IH)]

108th CONGRESS
1st Session
H. R. 2038

To reauthorize the assault weapons ban, and for other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

May 8, 2003

Mrs. McCarthy of New York (for herself, Mr. Shays, Mr. Conyers, Mr.
Smith of New Jersey, Mr. Nadler, Ms. Lofgren, Ms. Jackson-Lee of Texas,
Ms. Waters, Mr. Meehan, Mr. Delahunt, Mr. Wexler, Mr. Weiner, Ms. Linda
T. Sanchez of California, Mr. Emanuel, Mr. Case, Mrs. Maloney, Ms.
Corrine Brown of Florida, Mr. Kennedy of Rhode Island, Mr. Rangel, Ms.
Woolsey, Mr. Ackerman, Ms. Schakowsky, Mr. Honda, Mr. Stark, Ms. Solis,
Ms. Lee, Mr. Van Hollen, Mr. Waxman, Mr. Towns, Ms. Roybal-Allard, Mr.
Grijalva, Ms. Carson of Indiana, Ms. Norton, Mr. Lipinski, Mr. Rush,
Ms. Watson, Mr. Davis of Illinois, Mr. Lewis of Georgia, Mr. Jackson of
Illinois, Mr. Gutierrez, Mr. Owens, Mr. Blumenauer, Mr. Cummings, Ms.
Eddie Bernice Johnson of Texas, Mr. Farr, Ms. Loretta Sanchez of
California, Mr. Moran of Virginia, Mr. Markey, Mr. Andrews, Mr. Holt,
Mr. Payne, Mr. McGovern, Mr. Pascrell, Mr. Frank of Massachusetts, Mrs.
Tauscher, Ms. DeLauro, Mr. Engel, Mr. Capuano, Mr. Hoeffel, Mrs. Lowey,
Mr. Menendez, Ms. Velazquez, Mr. Tierney, Mr. Brady of Pennsylvania,
Mr. Rothman, Mr. Fattah, Ms. Harman, Mr. Bishop of New York, and Mr.
Langevin) introduced the following bill; which was referred to the
Committee on the Judiciary

_______________________________________________________________________

A BILL

To reauthorize the assault weapons ban, and for other purposes.

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Assault Weapons Ban and Law
Enforcement Protection Act of 2003''.

SEC. 2. DEFINITIONS.

(a) In General.--Section 921(a)(30) of title 18, United States
Code, is amended to read as follows:
``(30) The term `semiautomatic assault weapon' means any of the
following:
``(A) The following rifles or copies or duplicates thereof:
``(i) AK, AKM, AKS, AK-47, AK-74, ARM, MAK90, Misr,
NHM 90, NHM 91, SA 85, SA 93, VEPR;
``(ii) AR-10;
``(iii) AR-15, Bushmaster XM15, Armalite M15, or
Olympic Arms PCR;
``(iv) AR70;
``(v) Calico Liberty;
``(vi) Dragunov SVD Sniper Rifle or Dragunov SVU;
``(vii) Fabrique National FN/FAL, FN/LAR, or FNC;
``(viii) Hi-Point Carbine;
``(ix) HK-91, HK-93, HK-94, or HK-PSG-1;
``(x) Kel-Tec Sub Rifle;
``(xi) M1 Carbine;
``(xii) Saiga;
``(xiii) SAR-8, SAR-4800;
``(xiv) SKS with detachable magazine;
``(xv) SLG 95;
``(xvi) SLR 95 or 96;
``(xvii) Steyr AUG;
``(xviii) Sturm, Ruger Mini-14;
``(xix) Tavor;
``(xx) Thompson 1927, Thompson M1, or Thompson 1927
Commando; or
``(xxi) Uzi, Galil and Uzi Sporter, Galil Sporter,
or Galil Sniper Rifle (Galatz).
``(B) The following pistols or copies or duplicates
thereof:
``(i) Calico M-110;
``(ii) MAC-10, MAC-11, or MPA3;
``(iii) Olympic Arms OA;
``(iv) TEC-9, TEC-DC9, TEC-22 Scorpion, or AB-10;
or
``(v) Uzi.
``(C) The following shotguns or copies or duplicates
thereof:
``(i) Armscor 30 BG;
``(ii) SPAS 12 or LAW 12;
``(iii) Striker 12; or
``(iv) Streetsweeper.
``(D) A semiautomatic rifle that has an ability to accept a
detachable magazine, and that has--
``(i) a folding or telescoping stock;
``(ii) a threaded barrel;
``(iii) a pistol grip;
``(iv) a forward grip; or
``(v) a barrel shroud.
``(E)(i) Except as provided in clause (ii), a semiautomatic
rifle that has a fixed magazine with the capacity to accept
more than 10 rounds.
``(ii) Clause (i) shall not apply to an attached tubular
device designed to accept, and capable of operating only with,
.22 caliber rimfire ammunition.
``(F) A semiautomatic pistol that has the ability to accept
a detachable magazine, and has--
``(i) a second pistol grip;
``(ii) a threaded barrel;
``(iii) a barrel shroud; or
``(iv) the capacity to accept a detachable magazine
at a location outside of the pistol grip.
``(G) A semiautomatic pistol with a fixed magazine that has
the capacity to accept more than 10 rounds.
``(H) A semiautomatic shotgun that has--
``(i) a folding or telescoping stock;
``(ii) a pistol grip;
``(iii) the ability to accept a detachable
magazine; or
``(iv) a fixed magazine capacity of more than 5
rounds.
``(I) A shotgun with a revolving cylinder.
``(J) A frame or receiver that is identical to, or based
substantially on the frame or receiver of, a firearm described
in any of subparagraphs (A) through (I) or (L).
``(K) A conversion kit.
``(L) A semiautomatic rifle or shotgun originally designed
for military or law enforcement use, or a firearm based on the
design of such a firearm, that is not particularly suitable for
sporting purposes, as determined by the Attorney General. In
making the determination, there shall be a rebuttable
presumption that a firearm procured for use by the United
States military or any Federal law enforcement agency is not
particularly suitable for sporting purposes, and a firearm
shall not be determined to be particularly suitable for
sporting purposes solely because the firearm is suitable for
use in a sporting event.''.
(b) Related Definitions.--Section 921(a) of such title is amended
by adding at the end the following:
``(36) Barrel shroud.--The term `barrel shroud' means a shroud that
is attached to, or partially or completely encircles, the barrel of a
firearm so that the shroud protects the user of the firearm from heat
generated by the barrel, but does not include a slide that encloses the
barrel, and does not include an extension of the stock along the bottom
of the barrel which does not encircle or substantially encircle the
barrel.
``(37) Conversion kit.--The term `conversion kit' means any part or
combination of parts designed and intended for use in converting a
firearm into a semiautomatic assault weapon, and any combination of
parts from which a semiautomatic assault weapon can be assembled if the
parts are in the possession or under the control of a person.
``(38) Detachable magazine.--The term `detachable magazine' means
an ammunition feeding device that can readily be inserted into a
firearm.
``(39) Fixed magazine.--The term `fixed magazine' means an
ammunition feeding device contained in, or permanently attached to, a
firearm.
``(40) Folding or telescoping stock.--The term `folding or
telescoping stock' means a stock that folds, telescopes, or otherwise
operates to reduce the length, size, or any other dimension, or
otherwise enhances the concealability, of a firearm.
``(41) Forward grip.--The term `forward grip' means a grip located
forward of the trigger that functions as a pistol grip.
``(42) Pistol grip.--The term `pistol grip' means a grip, a
thumbhole stock, or any other characteristic that can function as a
grip.
``(43) Threaded barrel.--The term `threaded barrel' means a feature
or characteristic that is designed in such a manner to allow for the
attachment of a firearm as defined in section 5845(a) of the National
Firearms Act (26 U.S.C. 5845(a)).''.

SEC. 3. ELIMINATION OF SUNSET.

Section 110105 of the Violent Crime Control and Law Enforcement Act
of 1994 is amended--
(1) by striking ``--'' and all that follows through
``(1)''; and
(2) by striking ``; and'' and all that follows through
``that date''.

SEC. 4. GRANDFATHER PROVISIONS.

Section 922(v)(2) of title 18, United States Code, is amended--
(1) by inserting ``(A)'' after ``(2)'';
(2) by striking ``on the date of the enactment of this
subsection'' and inserting ``as of September 13, 1994''; and
(3) by adding after and below the end the following:
``(B) Paragraph (1) shall not apply to any firearm the possession
or transfer of which would (but for this subparagraph) be unlawful by
reason of this subsection, and which is otherwise lawfully possessed on
the date of the enactment of this subparagraph.''.

SEC. 5. REPEAL OF CERTAIN EXEMPTIONS.

Section 922(v)(3) of title 18, United States Code, is amended by
striking ``(3)'' and all that follows through the 1st sentence and
inserting the following:
``(3) Paragraph (1) shall not apply to any firearm that--
``(A) is manually operated by bolt, pump, level, or slide
action;
``(B) has been rendered permanently inoperable; or
``(C) is an antique firearm.''.

SEC. 6. REQUIRING BACKGROUND CHECKS FOR THE TRANSFER OF LAWFULLY
POSSESSED SEMIAUTOMATIC ASSAULT WEAPONS.

Section 922(v) of title 18, United States Code, is amended by
adding at the end the following:
``(5) It shall be unlawful for any person to transfer a
semiautomatic assault weapon to which paragraph (1) does not apply,
except through--
``(A) a licensed dealer, and for purposes of subsection (t)
in the case of such a transfer, the weapon shall be considered
to be transferred from the business inventory of the licensed
dealer and the dealer shall be considered to be the transferor;
or
``(B) a State or local law enforcement agency if the
transfer is made in accordance with the procedures provided for
in subsection (t) of this section and section 923(g).
``(6) The Attorney General shall establish and maintain, in a
timely manner, a record of the make, model, and date of manufacture of
any semiautomatic assault weapon which the Attorney General is made
aware has been used in relation to a crime under Federal or State law,
and the nature and circumstances of the crime involved, including the
outcome of relevant criminal investigations and proceedings. The
Attorney General shall annually submit the record to the Congress and
make the record available to the general public.''.

SEC. 7. STRENGTHENING THE BAN ON THE POSSESSION OR TRANSFER OF A LARGE
CAPACITY AMMUNITION FEEDING DEVICE.

(a) Ban on Transfer of Semiautomatic Assault Weapon With Large
Capacity Ammunition Feeding Device.--
(1) In general.--Section 922 of title 18, United States
Code, is amended by inserting after subsection (y) the
following:
``(z) It shall be unlawful for any person to transfer any assault
weapon with a large capacity ammunition feeding device.''.
(2) Penalties.--Section 924(a) of such title is amended by
adding at the end the following:
``(8) Whoever knowingly violates section 922(z) shall be fined
under this title, imprisoned not more than 10 years, or both.''.
(b) Certification Requirement.--
(1) In general.--Section 922(w) of such title is amended--
(A) in paragraph (2), by striking ``on or before
the date of enactment of this subsection'' and
inserting ``in the United States on or before September 13, 1994'';
(B) in paragraph (3)--
(i) by adding ``or'' at the end of
subparagraph (B); and
(ii) by striking subparagraph (C) and
redesignating subparagraph (D) as subparagraph
(C); and
(C) by striking paragraph (4) and inserting the
following:
``(4) It shall be unlawful for a licensed manufacturer, licensed
importer, or licensed dealer who transfers a large capacity ammunition
feeding device that was manufactured on or before September 13, 1994,
to fail to certify to the Attorney General before the end of the 60-day
period that begins with the date of the transfer, in accordance with
regulations prescribed by the Attorney General, that the device was
manufactured on or before September 13, 1994.''.
(2) Penalties.--Section 924(a) of such title is further
amended by adding at the end the following:
``(9) Whoever knowingly violates section 922(w)(4) shall be fined
under this title, imprisoned not more than 5 years, or both.''.

SEC. 8. UNLAWFUL WEAPONS TRANSFERS TO JUVENILES.

Section 922(x) of title 18, United States Code, is amended--
(1) in paragraph (1)--
(A) in subparagraph (B), by striking the period and
inserting a semicolon; and
(B) by adding at the end the following:
``(C) a semiautomatic assault weapon; or
``(D) a large capacity ammunition feeding device.''; and
(2) in paragraph (2)--
(A) in subparagraph (B), by striking the period and
inserting a semicolon; and
(B) by adding at the end the following:
``(C) a semiautomatic assault weapon; or
``(D) a large capacity ammunition feeding device.''.

SEC. 9. BAN ON IMPORTATION OF LARGE CAPACITY AMMUNITION FEEDING DEVICE.

(a) In General.--Section 922(w) of title 18, United States Code, as
amended by section 7(b)(1) of this Act, is further amended--
(1) in paragraph (1), by striking ``(1) Except as provided
in paragraph (2)'' and inserting ``(1)(A) Except as provided in
subparagraph (B)'';
(2) in paragraph (2), by striking ``(2) Paragraph (1)'' and
inserting ``(B) Subparagraph (A)''; and
(3) by inserting before paragraph (3) the following:
``(2) It shall be unlawful for any person to import or bring into
the United States a large capacity ammunition feeding device.''.
(b) Conforming Amendment.--Section 921(a)(31)(A) of such title is
amended by striking ``manufactured after the date of enactment of the
Violent Crime Control and Law Enforcement Act of 1994''.
<all>