District of Columbia Personal Protection Act
Legislative Activity
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Received in the Senate.
September 30, 2004
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Introduced in House
September 25, 2003
Referred to the House Committee on Government Reform.
September 25, 2003
Rules Committee Resolution H. Res. 803 Reported to House. Rule provides for consideration of H.R. 3193 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. A specified amendment is in order.
September 28, 2004 • 8:21 PM
Rule H. Res. 803 passed House.
September 29, 2004 • 11:34 AM
Considered under the provisions of rule H. Res. 803. (consideration: CR H7741-7749; text of measure as introduced: CR H7758)
September 29, 2004 • 12:55 PM
Rule provides for consideration of H.R. 3193 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read.
September 29, 2004 • 12:55 PM
DEBATE - The House proceeded with one hour of debate on H.R. 3193.
September 29, 2004 • 12:56 PM
DEBATE - The House continued with debate on H.R. 3193.
September 29, 2004 • 1:14 PM
The previous question was ordered pursuant to the rule.
September 29, 2004 • 2:06 PM
POSTPONED ROLL CALL VOTE - The Chair put the question on passage of the bill H.R. 3193, and by voice vote, announced that the ayes had prevailed. Mr. Souder demanded a recorded vote and the Chair postponed further proceedings on the question of passage until later in the legislative day.
September 29, 2004 • 2:07 PM
Considered as unfinished business. (consideration: CR H7758-7776)
September 29, 2004 • 2:29 PM
Passed/agreed to in House: On passage Passed by recorded vote: 250 - 171, 1 Present (Roll no. 477).(text: CR H7758-7759)
September 29, 2004 • 2:55 PM
On passage Passed by recorded vote: 250 - 171, 1 Present (Roll no. 477). (text: CR H7758-7759)
September 29, 2004 • 2:55 PM
Motion to reconsider laid on the table Agreed to without objection.
September 29, 2004 • 2:55 PM
Received in the Senate.
September 30, 2004
Voting History
1 vote recorded • Roll call available
Floor Debate
22 membersWhat members said about H.R. 3193 on the floor
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Floor Debate
22 membersWhat members said about H.R. 3193 on the floor
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.
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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.
Mr. Speaker, I thank the gentleman from Washington for yielding me the customary 30 minutes, and I yield myself such time as I may consume. Mr. Speaker, I rise in opposition to the so-called District…
Mr. Speaker, I thank the gentleman from Washington for yielding me the customary 30 minutes, and I yield myself such time as I may consume.
Mr. Speaker, I rise in opposition to the so-called District of Columbia Personal Protection Act and to this closed rule.
Mr. Speaker, today the Republican leadership is, once again, letting the American people down by considering the wrong bill at the wrong time under the wrong circumstances. Once again, we are considering legislation in the shadow of the November elections. With 5 weeks to go until Election Day, the Republican leadership has put the country's agenda on hold in order to force an unnecessary vote on a bad and stupid bill. Once again, the Republican leadership is catering to the special interests at the expense of the public good; and once again, the Republican leadership is squandering the House's very limited time with this foolish, misguided, election-year legislation.
Mr. Speaker, we are just one day away from the end of the fiscal year, and only one, and I repeat, one, appropriation bill has been sent to the White House. Not only are the remaining 12 appropriations bills left on the table, not only has the House failed to complete consideration of all of the appropriations bills, but the Republican leadership, which controls both Houses of Congress, cannot even agree upon a budget.
Mr. Speaker, the Republican leadership cannot get its act together on the highway bill, a bill that would create thousands of good-paying jobs. The Republican leadership cannot find the time to work on a bill to increase the minimum wage, even though wages are stagnant and over 4 million Americans have fallen out of the middle class and into poverty since George Bush became President. And the Republican leadership cannot even get its act together on the Department of Defense authorization or the FSC/ETI bill, each of which has languished in conference for months.
Mr. Speaker, as the House takes up this frivolous legislation today, the Republican leadership has yet to act on the recommendations of the 9/11 Commission report.
Although the other body is working on legislation to implement the 9/ 11 report and the Democratic leader of this
House has introduced legislation that addresses the report's recommendations, here we are today wasting precious time that could be used to debate the 9/11 report's recommendations. Will it take another September 11 anniversary before the Republican leadership will act? Will we see the Republican leaders' bill before the election? Will we have to wait until after November for the necessary reforms that will help make our country and our citizens safer against terror?
Mr. Speaker, if the American people want real leadership on real issues facing the Nation, they certainly should not look to this House of Representatives. Under this Republican leadership, this House has become a place where trivial issues are debated casually, and serious and important ones not at all.
In fact, today, we are debating H.R. 3193, a bill that would overturn Washington, D.C.'s laws and restrictions on the possession of firearms. Among its provisions, H.R. 3193 repeals the District's ban on semi- automatic assault weapons, its gun registration requirements and its ban on cop-killer ammunition.
That is right, Mr. Speaker, this bill puts cop-killer ammunition on the streets of our Nation's capital. Simply put, this legislation makes the Nation's capital a more dangerous place to be a police officer.
As D.C. Mayor Anthony Williams wrote to the 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, Mr. Speaker, to put our officers at greater risk at a time when Capitol Police expect $20 million in additional unbudgeted expenditures 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 of Columbia.
While the bill changes the law to allow District of Columbia residents to carry pistols, open or concealed, in their homes and places of business, it does not repeal another District of Columbia gun law. The law we will not repeal today is the provision outlawing people carrying or having readily access to firearms ``upon the United States grounds or within the Capitol Buildings.''
So we will vote to approve guns in another person's workplace in the District but not in our offices.
It is unthinkable that only 2 years after the Washington area was terrorized by snipers who killed ten people in the region and while the Nation's capital is still under terrorist alert, Congress would take action to expose more than half a million District residents, almost 200,000 Federal workers and 20 million tourists to greater danger.
This bill will make the District of Columbia a more dangerous place to live, to work and to study.
Although Members of this body may disagree on gun issues, surely, we can all agree that the citizens of the District of Columbia should not have to face fully-loaded assault weapons on their streets, in their neighborhoods and around their schools.
But, Mr. Speaker, this bill and this rule did not have to be so lousy. Last night, the Committee on Rules had the chance to make this a better bill and a better process. Instead, the leadership of the Committee on Rules decided to pass a rule that makes a mockery of the deliberative process Congress is supposed to follow when we consider bills.
First of all, the Republican leadership brought this bill to the floor without consideration by the committee of jurisdiction, the Committee on Government Reform. Then, last night, when members from both parties brought amendments to our committee, the Committee on Rules rejected them all. The rule does not make in order the gentlewoman from California's (Mrs. Bono) and the gentlewoman from New York's (Mrs. McCarthy) amendment addressing the fact that this bill repeals the ban on cop-killer bullets. This closed rule guarantees that this bill would emerge from this House with no real debate or consideration. This House floor has become a ``legislation-free zone.''
Mr. Speaker, this issue is about more than guns. This issue is about how the residents of Washington, D.C., are treated. Mr. Speaker, I do not believe that the Members of Congress from Indiana or Texas or Massachusetts have a monopoly on wisdom when it comes to local laws, and I would not presume to impose on the citizens and elected officials of the District of Columbia something that would never, never, never be allowed or accepted by my own city council or State legislature.
Mr. Speaker, not one constituent of any voting Member of Congress will benefit by today's action. As the Fort Wayne Journal Gazette stated in an editorial published just last week on September 21, 2004, ``This page believes Washington should be able to set its own gun- control laws but acknowledges that honest people can disagree regarding the city's second amendment rights. But there is little doubt that, right now, Souder's bill is simply a waste of Congress' time and does nothing to improve good government or help his constituents in Indiana.''
Mr. Speaker, let us follow what the Fort Wayne Journal Gazette wrote and address the real needs of our constituents.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield 3 minutes to the gentleman from Rhode Island (Mr. Kennedy).
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I am a little bit baffled by the previous speaker to imply that somehow the passage of this bill would make the residents of D.C. safer. If this bill is enacted, the following weapons would be lawful to possess:
The AK-47, the Israeli Semiautomatic Uzi Carbine, the Bushmaster X- 15, which was used by the D.C. area snipers to kill 10 people in 2002; the Barrett M82 A-1 50-caliber sniper weapon, which has the range of about 1 mile and is used by U.S. troops in Iraq and Afghanistan and worldwide to penetrate bunkers, to disable armored personnel carriers, and to take down enemy aircraft. This bill would allow fully-loaded assault weapons to be carried in public. This bill would allow armor- piercing ammunition, including cop-killing bullets. This bill would eliminate the District's registration program even for assault weapons. This bill would allow individuals to carry concealed hand guns in their places of business and property.
Mr. Speaker, I cannot believe that anybody can say with a straight face that this will make the residents of D.C. and this country safer.
Mr. Speaker, I yield 10 minutes to the gentlewoman from the District of Columbia (Ms. Norton).
Mr. Speaker, how much time remains on both sides?
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I include for the Record a letter from Mayor Anthony Williams and a letter from the Chief of Police, Charles Ramsey, in strong opposition to this legislation.
We have heard from the gentleman from Oklahoma and we have heard from the gentleman from Georgia who think they know everything about what the people of the District of Columbia need and deserve; how about listening to the mayor of this city and to the police chief of this city who say this is a bad bill which will make the streets of this city more dangerous?
Washington, DC, September 16, 2004.
Hon. Tom DeLay,
Majority Leader, House of Representatives,
Cannon House Office Building, Washington, DC.
Dear Representative DeLay: Princess Hansen. James
Richardson. Chelsea Cromartie. Myesha Lowe. These are the
names of four children who will never see adulthood. These
are the names of four children whose parents are devastated
by grief. These are the names of four children out of 14 who
were killed by illegal guns in the District since January.
On behalf of the residents of the nation's capital, I am
writing to express strong displeasure upon learning that
federal legislation to repeal the city's gun control laws
could shortly come to a vote in the House of Representatives.
The District of Columbia Personal Protection Act of 2004 is
not just a step back in our efforts to control crime--it is a
couple of football fields back.
I take sharp exception to this wholly inappropriate
intrusion into what is clearly a local matter. On behalf of
the residents of the District of Columbia, I urgently ask you
to take no further action on this legislation. It is
unthinkable that while the nation's capital is under alert,
Congress would take action to expose more than a half a
million District residents, almost 200,000 federal workers
and 20 million tourists to greater danger.
The District of Columbia has been governed by an elected
Mayor and thirteen elected Council members since 1975. During
the Council's first legislative session in 1976, the District
passed legislation that restricted the possession, use and
transfer of handguns and semiautomatic weapons. The courts
have upheld the constitutionality of this law and no bill has
been passed in the District to water down our gun-control
laws since.
District leaders have enacted gun safety legislation based
on our citizens' view that any increase in the number of guns
in the District increases the likelihood that crimes will be
committed with those guns. We have made significant progress
in reducing crime, although we still have work to do. This
year alone, District residents have witnessed a 24 percent
reduction in homicides and a 13 percent decrease in overall
crime. There is no way to argue that lifting our weapons bans
will not jeopardize this progress. My administration has
worked very hard to produce these results and I ask you to
respect our efforts by leaving one of our most important
anti-crime tools in place. My greatest frustration is that in
spite of the significant reduction in homicides, 14 children,
the largest number in five years, have been killed by guns
this year. These killings, some by children, are reason
enough to do no more harm by allowing more guns in our city.
Our residents know all too well the human costs exacted by
guns and violence. Eighty percent of all homicides in the
District last year were committed with guns, all of which
were brought into the city illegally. Because of the porous
nature of our borders, we can never rely on laws alone to
keep guns out of our city, but these laws are indispensable
local tools to combat crime. Our ability to reduce homicides
would be severely compromised if--in addition to confiscating
guns brought in from other jurisdictions--we were required to
combat gun violence from weapons maintained, carried and
bought within the District.
We are taking aggressive measures to further reduce
homicides and violent crime in the city by increasing the
number of sworn officers to 3,800, restructuring our Patrol
Service Areas, strengthening our investigative capacity, and
improving 911 response times.
For Princess Hansen. For James Richardson. For Chelsea
Cromartie. For Myesha Lowe. I implore you to take no further
action on the District of Columbia Personal Protection Act of
2004. The citizens of the District of Columbia want nothing
more than other American citizens would demand and get--the
right to make our own decisions about our public safety.
Sincerely yours,
Anthony A. Williams,
Mayor.
Mr. Speaker, I yield 4 minutes to the gentleman from Maryland (Mr. Wynn).
Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, let me begin by reading a ``Dear Colleague'' letter from the gentleman from California (Mr. Waxman), the ranking member, and the gentleman from Virginia (Chairman Tom Davis) entitled Please ``Oppose
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.
Mr. Speaker, I thank the gentleman for yielding me this time. Mr. Speaker, when this law was first introduced, it was simply regarded as another absurd piece of legislation. There are lots of them…
Mr. Speaker, I thank the gentleman for yielding me this time.
Mr. Speaker, when this law was first introduced, it was simply regarded as another absurd piece of legislation. There are lots of them during a session of Congress. When we moved toward a vote on this law, it left the realm of the absurd and entered the realm of the truly reckless, particularly reckless and callous at a time when 16 of our children are dead from guns in this city, far more than in any recent year; and at a time when, to their credit, the mayor of the city and the police chief of the city have reduced adult homicides by 25 percent.
I am on the floor this morning largely because this repeal will largely affect kids in the District of Columbia, and I cannot believe that that is the will of the great majority of the people of this House. There could not be a more wrong time or a more wrong place, a more wrong city, a more wrong region. This region still has not recovered from the sniper attack of 2002, which left 10 people in Maryland, Virginia and the District of Columbia dead, 5 more injured from a Bushmaster assault weapon that would now be legal to have in your homes, to have in your businesses, to have in your workplaces in the District of Columbia, in the Nation's Capital, which is now under an orange alert.
This bill did not move anyplace, Mr. Speaker. It was referred to the Committee on Government Reform, on which the gentleman from Indiana (Mr. Souder) and I both serve. He is the primary sponsor of this bill. There was no interest in the committee in this bill. The committee is deep into matters affecting Iraq and Homeland Security and Federal reorganization in the DOD, in the Department of Homeland Security, and even in the Subcommittee on Criminal Justice, Drug Policy and Human Resources, which I am pleased to serve on with the gentleman from Indiana (Mr. Souder).
Of course, this bill had to leap over every subcommittee and leap over the committee, because it never got a hearing, because there was no interest and there was no view that this is the kind of bill, particularly after 9/11, that any self-respecting Member of Congress would want to bring to the floor of the House. Yet here it has come, courtesy of the leadership of this House.
Moreover, this matter was considered a settled matter, if ever any matter is. The one group of local matters most prized as local in our country are criminal justice matters. And this matter has been settled by the people who
will be overwhelmingly affected if you vote for repeal today. It has been settled by the people of the District of Columbia, who alone have the right to make decisions as to how to safeguard their lives.
Thank you very much, you of the paternalistic variety who are going to tell us how to safeguard our lives. I am not going to tell you I do not expect you to tell my mayor, I do not expect you to tell my unanimous city council, I do not expect you to tell me, that is to say, if you still believe this is a Federal Government and you believe that we are as much citizens of the United States as you are, and we are.
When this bill came to the floor, with no opportunity to make any changes, of course, the only thing you can do is to go to the Committee on Rules. There we found a hostile attitude toward amendments, except amendments from one Member. Members came forward from both sides. This is a matter of compelling interest to the entire country. And the only Member to in fact get an amendment in order was the sponsor of the bill. He happens to be a Republican. No partisanship there, of course.
Actually, that fact, the one amendment coming from the gentleman from Indiana (Mr. Souder), the sponsor, is the front end of the partisanship of this bill. This bill is not about whether it will pass or fail. It comes a month before election, for reasons that the Members have not even tried to deny: Close to the election, let us hold up the Democrats, especially the Democrats from rural areas, from southern areas, from western areas. Let us dare them to vote for home rule, as they usually do. Let us take them down with NRA ads if they do. Everybody gets it. That is the only reason Democrats are on this bill. They saw Democrats taken out by NRA distortions of their positions on weapons just a few years ago.
The Souder amendment is really an amendment to wipe the red off the sponsor's face because he had sent a Dear Colleague, advising that a previous Dear Colleague saying that the bill would allow fully-loaded assault weapons to be carried in public was a matter of scare tactics. I can understand why the gentleman from Indiana made the mistake. It is not his law, it is not his business, he does not know what he is talking about, and he made the kind of mistake I would make if I tried to mess in the business of his jurisdiction. I am not familiar with what they do. He made a straight-out error. He said, oh, no, we were wrong; he was right.
Then, of course, he comes forward with an amendment, which is a mea culpa that admits that he was wrong. Actually, his amendment does not help very much, because it assumes an assault weapon, a Bushmaster, a loaded handgun which you could keep in your home, in your business, that somehow they are going to be contained in your homes, in your businesses, in your workplaces. Everybody knows that once you have a gun there, it stays there. That is, unless you have the experience of running the District of Columbia or living in the District of Columbia. And as our police chief says, there would be a moment, a moment in time before weapons in people's homes would find their ways to the streets to settle domestic violence matters, acquaintance quarrels, kids settling matters among themselves.
And, Mr. Speaker, we have even seen some of that when guns have gotten into kids' hands. We know what would happen with those guns because we live here and we know our people. They would make their way into Ward Six, where I live, which is close to the Capitol, and they would surely make their way to the streets in the poorest wards of the city, across the Anacostia River, where most of the killings of residents, and particularly of children, have taken place.
The gentleman from Indiana (Mr. Souder) does not know any better, and I can forgive him that. What I cannot forgive him is introducing and pressing this bill at a time when we have child killings at a record we have not seen in many years. Why in the world would anybody want to make laws for somebody else's jurisdiction?
So I said, well, if I could do only one amendment, what would I do? Because I knew that you would not want to put in a great many amendments to a bill that was being put forward for transparently political reasons. And I said, I know the one I would do, because I know what I have heard from my police chief. I would put in an amendment to say at least if you are going to have ammunition, let there be no cop killers' ammunition. And I came forward with an amendment that was aimed chiefly at doing whatever little we could do to protect our police officers and our children, the two categories of people most vulnerable because they are the disproportionate victims.
This amendment, however, like every Democratic amendment, was not made in order. I think it goes without saying that most Members would prefer not to have armor-piercing incendiary ammunition floating around their districts. The fact is that the kind of ammunition that my amendment would bar are not barred by Federal law. In fact, Congress, in fiscal year 2001, fiscal year 2002, and fiscal year 2003, in the DOD appropriation, actually added to the appropriation language that barred armor-piercing incendiary ammunition being transferred from DOD to private parties.
In the name of my children and police officers, I thought maybe they will throw me this sop. There are no sops to be thrown here. This bill not only is brought forward for political purposes, this bill is brought forward in callous disregard of these children. Their parents have been to the Hill, begging to have this vote rescinded. Our mayor, our new superintendent of schools, and our police chief were here yesterday to say this is exactly what we do not need.
I ask you to respect the people who know best, the people who will have to pay the price, the people who have had to go to the funerals. I ask you to defeat this bill.
Mr. Speaker, I rise to inquire of the majority leader the schedule for the coming week. I yield to the gentleman from Texas. Mr. Speaker, reclaiming my time, I thank the gentleman for his response.…
Mr. Speaker, I rise to inquire of the majority leader the schedule for the coming week.
I yield to the gentleman from Texas.
Mr. Speaker, reclaiming my time, I thank the gentleman for his response.
The gentleman has cited the marriage constitutional amendment. Mr. Speaker, this bill, as I understand it, has not been marked up in committee at this point in time. Is it the gentleman's expectation that this will come to the floor, the constitutional amendment, without being marked up in the committee?
I yield to the gentleman.
I am sorry? He does expect it to be brought to the floor without being marked up, but under a rule?
Mr. Speaker, I have not spoken to the gentleman from Michigan (Mr. Conyers) about that, but obviously, because it is a constitutional amendment, I understand there have been four hearings. Presumably those four hearings were an attempt to elicit some information about the merits of the constitutional amendment and any changes that may or may not be necessary, which could obviously be perfected by an amendment in the committee.
Does he expect any amendments to be considered in the Committee on Rules?
Mr. Speaker, I thank the gentleman for his answer.
Next Friday is the beginning of the new fiscal year, as the majority leader knows; and we only passed, as he knows, one fiscal year 2005 appropriation which has been signed by the President, and that, of course, is the Defense bill. Assuming we will have a CR, can the leader give us an idea for what time period that CR may be?
I further yield to the gentleman.
Mr. Speaker, I thank the gentleman for that range of possibilities.
Does the gentleman anticipate having another supplemental appropriation before we either adjourn or recess for the election?
Mr. Speaker, reclaiming my time, I thank the gentleman for his answer.
Another piece of business that has not been completed but is in the works or at least pending is the transportation reauthorization. Can the leader tell me whether or not there is an expectation of passing that bill or a relatively short-term extension prior to our leaving on whatever date we may leave?
I yield to the gentleman.
Mr. Speaker, I thank the gentleman. The gentleman had to leave early. I think he had a plane to catch. And the gentleman from Missouri (Mr. Blunt) and I had a colloquy on this. I will inform the leader that I think I am safe in speaking for my side of the aisle with reference to the transportation reauthorization. We believe, and I am sure the gentleman shares the view, that this is a very important piece of legislation to pass. We would have hoped it would have passed by last September when the authorization expired. This is a bill, as the gentleman knows, that for every billion dollars we spend, we get 42,000 American jobs.
My observation, Mr. Speaker, is that I believe on our side of the aisle we would support the number that passed, as we overwhelmingly did. We would vote for a compromise between what the House passed and what the Senate passed, or we would support the Senate-passed number. So I tell my friend that for his planning's sake, I believe my side of the aisle will support anything at the level that we passed at a compromise between the two or at the Senate-passed level. We would hope this bill would move, and we want to be cooperative in accomplishing that objective.
Mr. Speaker, reclaiming my time, I would partially agree with my friend, the leader, which is better than most times. I would partially agree that the problem is not in this House; but it is my observation that the problem is in another house, not the other side of the aisle.
White would be the color of the house. And I say that somewhat facetiously; but, frankly, as I said to the gentleman from Missouri (Mr. Blunt), I think this independent branch of government pretty much has a consensus on what we ought to do. We ought to do it, and if the other branch of government disagrees with us, under our system, he can send it back, and we will deal with it as we will deal with it. But we have been holding it, frankly, from our observation, Mr. Speaker, for a long period of time, not based upon real subsequent disagreements between the two Houses, we could accommodate those, but between the disagreement between this branch and the other branch; and we think that is unfortunate.
Mr. Speaker, reclaiming my time, and I appreciate the information, of course I do not have the specifics on what the house colored white agreed to in terms of a number; but I might inquire, is that number that they are keeping down the deficit more or less than the deficit we would add by the tax bill we passed just minutes ago?
Mr. Speaker, reclaiming my time, that is what happened in 2001?
It even happened after 1993, as I recall. The gentleman did not mention that. It happened in 1994 or, that is to say, after 1993.
But, Mr. Speaker, revenue went up after they occurred, and we balanced the budget 4 years in a row.
Mr. Speaker, reclaiming my time, on the intelligence legislation, obviously there has been a lot of discussion about that. We have been very concerned
about passing that legislation in a bipartisan fashion. The 9/11 Commission report has now been on our desks for many weeks now.
Can the leader inform us of where that legislation currently stands?
Mr. Speaker, I thank the gentleman for the information.
I have not talked to the gentlewoman from California (Ms. Harman) or the gentleman from Missouri (Mr. Skelton), and I see the gentleman from California (Mr. Hunter) is on the floor, about the substance of the proposal; but I will certainly discuss it with them. I hope they have been included in these deliberations of a bill that may be introduced because if they have, I think it would make it easier for us to get it passed in a bipartisan fashion in a very efficient and speedy way.
Mr. Speaker, I have no further inquiries as to the schedule, and I appreciate the leader's engaging in somewhat the colloquy about the transportation bill, which we feel very keenly about. I hope that we can speed that bill as quickly as possible. I thank the leader for his comments.
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Mr. Speaker, will the gentleman yield? Mr. Speaker, next week the House will convene on Tuesday at 12:30 p.m. for morning hour debates and 2 p.m. for legislative business. We will consider several…
Mr. Speaker, will the gentleman yield?
Mr. Speaker, next week the House will convene on Tuesday at 12:30 p.m. for morning hour debates and 2 p.m. for legislative business. We will consider several measures under suspension of the rules. A final list of those bills will be sent to the Members' offices by the end of this week.
Any votes on these measures will be rolled until 6:30 p.m.
On Wednesday and the balance of the week, we expect to consider additional legislation under suspension of the rules. Next week we also expect to consider two bills under a rule: H.R. 3193, the District of Columbia Personal Protection Act; and H.J. Res. 106, the Marriage Protection Amendment.
I thank the gentleman for yielding to me. I would be glad to answer any questions he may have.
Mr. Speaker, I appreciate the gentleman yielding to me.
The committee has held four hearings on this bill, and I do anticipate bringing it to the floor without being marked up by the committee, under a rule.
That is correct, Mr. Speaker.
Mr. Speaker, I appreciate the gentleman yielding to me.
I do not want to prejudice the action of the Committee on Rules, and I have no idea and I am not advised as to what considerations the Committee on Rules may or may not do as far as amendments are concerned.
Mr. Speaker, I appreciate the gentleman yielding to me.
There are ongoing discussions. There will be more discussions about that. Our tentative plan is to move a short-term continuing resolution that would fund government programs through October 8. This would give us an additional week to complete appropriations conference reports before we make decisions about how to best complete all the fiscal 2005 bills.
Appropriations, both in the House and the Senate, are having many discussions. Generally, both Democrats and Republicans are wishing to get the appropriations process done before we leave for the elections. How we do that is speculative; and, frankly, the date of the CR is speculative. It could be October 8. It could be October 15. It could be November 20. All of this is tied together with the understanding that we are trying to get the appropriations bills all finalized and done before we leave here for the elections.
Mr. Speaker, I thank the gentleman for yielding to me.
Within the last 2 weeks, the White House has submitted a request for emergency supplemental funds to deal with the damage caused by Hurricane Frances. The gentleman from Florida (Chairman Young) advises me that a revised request is on its way from the White House to account for Hurricane Ivan. Once we receive that request and complete assessing those needs, it is possible to move forward with a supplemental. Whether that be freestanding or included in some omnibus bill, I think, is too early to tell.
Mr. Speaker, I appreciate the gentleman yielding to me.
I will start by saying the House has not given up. We want to get this bill done. We have been working to get it done, and we hope to have a conference report for the Members before we adjourn. In the interim, we may have another short-term extension of the highway programs, and hopefully we will have a decision by the first of next week. In order to get the full 6-year highway bill done, I think a decision will have to be made by the first of next week as to how we would proceed.
Mr. Speaker, if the gentleman would further yield, I totally agree with the gentleman. And as his side has been part of the negotiations and the other body has been in intense negotiations, I think the gentleman knows that a number has been agreed on by at least the principles, Democrat and Republican; and I do not want to cast aspersions on anyone, but the trouble with the bill is not in this House. The trouble with the bill is over in the other body, and they are going to have to come to some sort of understanding amongst themselves in order to get this bill.
Mr. Speaker, is there a particular color of that house?
Mr. Speaker, I just have to slightly disagree with the gentleman in that the house that is colored white, I cannot say they have agreed to the number of the bill, but I do know that they played a significant part in holding down the spending on the bill and particularly spending that would add to the deficit. And I must say, without getting into a lot of detail, that has been set aside. The other body is just having problems coming to some agreement amongst themselves. We are ready to move on our side. I serve on the conference committee. We are ready to move in the House. Unfortunately, the other body is not ready.
Mr. Speaker, if the gentleman would further yield, actually it would be much less because, as we all know and history has proven, as we give tax relief and tax cuts, revenues go up as a result of those tax cuts. So our tax cuts are more than covered by revenues that are gained.
Yes, it certainly did. If the gentleman would further yield, it happened in 1981, it happened in 1986, it happened in 2001, it happened in 1997, it happened over the last 3 years.
Mr. Speaker, if the gentleman would yield, I do not remember too many tax cuts in 1993. I remember a lot of tax increases, without Republican votes.
Mr. Speaker, I appreciate the gentleman yielding to me. The committees have been working, and many committees have been working in a bipartisan way. I think a bill will be introduced in the next day or two, possibly tomorrow; and the committees have been instructed to mark up that bill, and I think that bill covers 12 different committees. Next week, and we hope to have the final product ready to come to the floor either by the end of next week or the following.
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.
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.
Mr. Speaker, first I would like to thank the gentleman from Washington (Mr. Hastings) for bringing up a very good rule today. I rise in support of this rule, and would like to alert all of my…
Mr. Speaker, first I would like to thank the gentleman from Washington (Mr. Hastings) for bringing up a very good rule today. I rise in support of this rule, and would like to alert all of my colleagues, the vote for a rule is a vote for allowing debate on restoring the second amendment rights to the District of Columbia residents.
Members have heard much of the debate today that citizens are prevented from owning a handgun at all. My bill says even if citizens have a gun, let me first state this, even if you have a gun, you store a rifle or shotgun, you are prohibited from using them to defend your own life, family, and home. District law threatens honest people with imprisonment if they unlock, assemble, or load their guns even when under attack.
For this reason, I am bringing before the House a bill that this rule would make in order 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.
The rule also makes two important changes to my bill which would clarify the original intent. There has been a misrepresentation in ``Dear Colleagues'' to this House that said we would allow concealed and open carrying of any firearm, loaded or unloaded, outside the owner's property. It did not. It said three times in the bill, property, home, business or other land, but this clarifies it. It also strengthens D.C. code by providing a more complete set of exemptions based on Maryland law to allow citizens to transport unloaded, cased firearms to and from lawful activities, such as hunting, target shooting, and firearm safety training.
I want to address a number of the things that have come up during debate. One is if someone has a gun in their home, could someone go in and rob? Of course they could. They can now. It is just the person defending their home cannot defend their home, but it is not loaded, it has to be encased and cannot be used. But if someone wants to steal the guns, they can do that now.
What happens if they go on the street with an illegal gun? Guess what; they are doing that now. That penalty stays in effect. If somebody steals the gun or goes off their property with the gun, it is already against the law. It will still be against the law, and all Members are arguing is the ineffectiveness of the law.
For years in the United States we have heard this rumor that if we ban guns, only the criminals would have guns. In D.C. that seems to have come true, because now what we are arguing is that people who follow the law are somehow going to turn into criminals. The people who are criminals are already making Washington, D.C. the murder capital of the United States 14 of the last 15 years. How can it get worse?
What we are doing is letting the people who are in the homes, as people have written in and stated, that when they told, even though the gun was illegal, when they said they had a gun inside, people left the attacking of their homes. This should increase property values in Washington, D.C. It
should make people safer, and I think it is the right thing to do.
Another subject that came up was the so-called AK-47s and Uzis. They are constantly mentioned, but they are not legal to import now. Even though the assault weapon ban has expired, those and other foreign-made guns were prohibited under the Federal Firearm Importation Act in 1989, and they will still remain prohibited.
We heard about so-called ``cop killer bullets.'' The fact is on the armor piercing ammunition bill, there was a bill passed in 1986 when the Democrats controlled this House. After several years of debate and discussion, Congress prohibited certain kinds of bullets that could be used in a handgun and which were capable of defeating the kinds of bullet-resistant vests that police officers wear for protection. Some wanted to ban all ammunition. That was defeated. It came up again.
In 1997, a study conducted by the Bureau of Alcohol, Tobacco and Firearms found that existing laws are working and no additional legislation regarding such laws is necessary. The study also found that no law enforcement officer had ever been killed or even injured because of these so-called bullets penetrating a bullet-resistant vest. It urged Congress to avoid any experimentation with police officer lives that could conceivably lead to numerous additional officer fatalities.
The problem here is all we are doing is making D.C. in conformance with the rest of the United States, which is a constitutional right to bear arms, and this rule would go forth and do that.
I include for printing in the Congressional Record the cosponsors of this bill.
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.
Mr. Speaker, I rise in opposition to the rule; and more importantly, I rise in opposition to the underlying bill. When I looked at this bill, I was compelled to ask the question of the supporters of…
Mr. Speaker, I rise in opposition to the rule; and more importantly, I rise in opposition to the underlying bill. When I looked at this bill, I was compelled to ask the question of the supporters of this legislation: What were they thinking?
Number one, we need less guns in the District of Columbia, not more guns.
Mr. Speaker, I represent the suburban districts in Prince George's County and Montgomery County, Maryland, just outside of Washington, D.C. The gun violence in D.C. bleeds over, excuse the expression, into our communities
so I have a great concern that we not have more violence and more guns.
Let me talk for a moment about the question of rights and the rights of D.C. citizens. My colleagues on the other side who are sponsoring this legislation are the same folks who are saying we have to have democracy in Iraq, we need to let the Iraqis decide. They would have the Iraqis decide their fate, but they will not let the citizens of the District of Columbia decide their fate. That does not make sense.
The citizens of the District of Columbia have not asked for this bill. The mayor is opposed to it, the police chief is opposed to it, the elected Representative is opposed to it. That is the democratic position, that the citizens of the District of Columbia, under the concept of home rule, should be allowed to make this decision, not people from Indiana and Georgia.
It is appalling to think that this measure would repeal the District of Columbia's ban on the sale and possession of handguns and semiautomatic weapons and eliminates criminal penalties for possessing unregistered handguns.
Earlier a gentleman talked about the facts. Let us talk about the reality. The reality is that most if not all of these young people did not die as a result of burglaries in their home, they died on the streets. They died on the streets as a result of handgun violence, not as a result of handguns purchased in the District of Columbia, but from Virginia and Maryland and other places.
That is the problem we have here. There are already too many handguns, too many semiautomatic weapons, too much street crime, and the sponsor of this measure would allow for more.
It is very interesting, we are in a period in which there is a great deal of concern about terrorism. And of course here in the capital, we are greatly concerned for obvious reasons. Why would we want more handguns in the possession of individuals in the District of Columbia that might pose a terrorist threat, or semiautomatic weapons in the hands of the people of District of Columbia who might pose a terrorist threat? It just does not make any sense. What were they thinking?
Under this bill, if a crime is committed and the weapon is found because they eliminate the registration process, detectives could not determine whose gun it was. It just does not make any sense.
And then how could people in this body forget the fact that on July 24, 1998, a gunman came into this Capitol and fired a handgun, killing Jacob Chestnut, a United States Capitol Police Officer, and Special Agent John Gibson? How can we forget the effects of handgun use, not to mention the handgun that was used to shoot at President Ronald Reagan?
The issue is not well, there is crime in the District of Columbia; yes, that is true. There is crime in every city. The issue is, do we want more crime and more violence as weapons are more readily available under this bill? Again, it just does not make any sense. Let me tell Members about the reality of what actually happens. Thieves not only break into homes for cash and jewelry, they also break into homes for weapons, weapons that can be fenced and transferred and sold through other means, and those same weapons that exist in the homes are also the weapons that are used to commit crimes.
So while the gentleman presents one anecdote of somebody who protected their family with a handgun, there is a lot more information about people who were victimized on the streets by handguns and semiautomatic weapons.
My colleague from the District of Columbia made an impassioned plea on behalf of young people, all under the age of 17, who were the victims of gun violence. I join her in that plea. Let us have some common sense, let us defeat this rule and then defeat the underlying bill.
Mr. Speaker, I rise in opposition to the District of Columbia Personal Protection Act, H.R. 3193, an outrageous effort spearheaded by my friend Representative Souder of Indiana, to repeal the ban on…
Mr. Speaker, I rise in opposition to the District of Columbia Personal Protection Act, H.R. 3193, an outrageous effort spearheaded by my friend Representative Souder of Indiana, to repeal the ban on the possession of firearms in the District of Columbia.
Mr. Speaker, I rise today to support Delegate Eleanor Holmes Norton, the DC elected officials, Mayor Anthony Williams, business, labor and civil rights groups and most importantly the District's local residents, who have spoken out against repealing this ban. If this Congress passes H.R. 3193, we will ignore their urgent cries--to spare their communities from further gun violence.
I think I should point out to those Members who believe that the NRA interests should trump the interests of the District's citizens, let's remember the principles of DC home rule that were recently cemented by the Federal courts in Seegars v. Ashcroft. In Seegars, the court held that because the District of Columbia is not a State, then the second amendment did not apply and the ban was not unconstitutional. Congress should respect the court's decision and the District's right to home rule to allow the gun ban to remain in place.
Just ask the parents of 16-year-old Ashley Walker, killed Sunday, September 26, 2004, and the parents of 13-year-old Michael Swan, killed Monday, September 27, 2004, if they believe that more guns should be permitted in the District. These parents know all too well what it means to lose someone to gun violence. They know the importance of maintaining this ban and that creating an environment of proliferation of guns is antithetical to saving lives.
Yet despite these tragedies, Mr. Speaker, the homicide rate in DC is approaching a 20-year low. In fact, DC homicides are down by 24 percent from last year and 55 percent since 1994. It is clear that this ban saves lives.
In my own district in Maryland, there has been an overwhelming decline of assault pistols used in crimes since the Maryland Assault Pistol Ban in 1994.
The Baltimore City Police Department concluded that since the ban's enactment that 55 percent fewer assault pistols were used in crimes. These are real statistics from cities that had been plagued by violence in the past decade; but these cities are also evidence of the success that has sprung from banning assault weapons.
Once again Mr. Speaker, with statistics such as these, we cannot ignore the fact that this ban saves lives.
There are Members of this body who will argue that this bill will give DC residents a sense of protection and restore their second amendment rights. I argue just the opposite. First, under the current law, DC residents may currently own registered guns--in fact over 100,000 firearms have been registered since 1976. Secondly, lifting the ban would engender all sorts of travesties: fully loaded assault weapons--to be carried in public in some instances--acquisition of armor-piercing ammunition--including ``cop-killer'' bullets-- elimination of the District's registration program--even for assault weapons--and issuance of permits to individuals to carry concealed handguns in their places of business. I and other reasonable-minded individuals agree that this legislation is a far cry from providing residents with a ``sense of protection.'' We would argue
that this legislation would only restore a culture of violence that the ban has significantly reduced.
Mr. Speaker, if H.R. 3193 is passed we will once again ignore the millions of Americans who have pleaded with the administration and this body to extend the ban in the District of Columbia and the national assault weapons ban, contained in H.R. 2038. We cannot fail the residents of the District like we failed the millions of Americans when we allowed the assault weapons ban to expire just weeks ago.
Mr. Speaker, we must listen to the residents of this District, citizens who do not have voting representation in Congress. I urge my colleagues to vote against repealing the DC gun ban--vote against H.R. 3193.
Mr. Speaker, I rise in support of House Resolution 3193, the District of Columbia Personal Protection Act. I am a cosponsor of this legislation that ensures greater respect for the right to bear arms…
Mr. Speaker, I rise in support of House Resolution 3193, the District of Columbia Personal Protection Act. I am a cosponsor of this legislation that ensures greater respect for the right to bear arms in Washington, DC.
H.R. 3193 repeals several of the more draconian citywide Washington, DC, gun restrictions enacted in 1976. Restrictions H.R. 3193 will repeal include the requirement that all firearms be registered. Gun registration in other countries has created government lists of who owns what guns. Such lists facilitate the harassment of gun owners and the confiscation of their guns. Also repealed are blanket bans on the possession of handguns and handgun ammunition as well as any semi- automatic guns. These bans exist despite the fact that handguns and semi-automatic guns are regularly used outside Washington, DC, for self-defense. Also repealed is the prohibition on carrying a gun on one's own property. It is hard to say a person is free if he is prohibited from using the means of protecting himself and his family even in his own home.
It is unfortunate that people in the federal capital city have for nearly 30 years faced some of the most restrictive gun control laws in the country. This fact is particularly unfortunate given Washington, DC's recent history as the murder capital of the United States. Ironically, the place where people most need to bear arms to defend themselves from violent crimes has been one of the places where the exercise of that right has been most restricted.
A strong case can be made that the high rate of violent crimes, including murders, in Washington, DC, is due in part to restrictions on the exercise of the right to bear arms. When potential victims are likely armed, criminals think twice about committing violent crimes; a gun in the hands of a law-abiding citizen is an excellent deterrent to crime. Across the Potomac River from Washington, DC, Virginia does not have this horrific crime and murder rate. Yet, people in Virginia can buy, own, and even carry guns in public.
I am hopeful that the House's consideration of H.R. 3193 indicates a new openness to legislation that will roll back other unconstitutional and dangerous restrictions on Americans' right to bear arms. For years, federal lawmakers have been passing gun control laws, even though they have no authority to do so. Crime control, the stated reason for passing gun control laws in the first place, is a function belonging to the states.
Enacting H.R. 3193 would be a good first step in adopting legislation to restore the Federal Government's respect for the right to bear arms throughout the United States. The Federal Government has trampled on gun rights nationwide--not just in Washington, DC. I have introduced several pieces of legislation this Congress that would help restore respect for the right to bear arms, including the Second Amendment Protection Act, H.R. 153, that would repeal the now-sunset semi-auto ban, repeal the 5-day waiting period and ``instant'' background check imposed on gun purchases, and delete the ``sporting purposes'' test that allows the Treasury Secretary to classify a firearm as a destructive device simply because the Secretary deems the gun to be ``non-sporting.'' Additionally, Congress should consider my Right to Keep and Bear Arms Act, H.R. 3125, that prohibits U.S. taxpayers' dollars from being used to support or promote any United Nations actions that could infringe on the second amendment.
In 1976, I spoke on the floor of the House against the adoption of restrictions on the right to bear arms in Washington, DC, that H.R. 3193 seeks to repeal. Unfortunately, my argument then was ruled out of order, and the restrictions went into effect. While it has been too long in coming, I am glad that the House is finally considering this important issue. The District of Columbia Personal Protection Act would restore some much needed respect for the fundamental rights of people in Washington, DC.
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Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 803 and ask for its immediate consideration. Mr. Speaker, for the purpose of debate only, I yield the customary 30…
Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 803 and ask for its immediate consideration.
Mr. Speaker, for the purpose of debate only, I yield the customary 30 minutes to the gentleman from Massachusetts (Mr. McGovern), pending which I yield myself such time as I may consume. During consideration of this resolution, all time yielded is for the purpose of debate only.
(Mr. HASTINGS of Washington asked and was given permission to revise and extend his remarks.)
Mr. Speaker, House Resolution 803 is a closed rule providing for the consideration of H.R. 3193, the District of Columbia Personal Protection Act. The rule provides 1 hour of debate in the House, equally divided and controlled by the chairman and ranking minority member of the Committee on Government Reform.
The rule waives all points of order against consideration of the bill, and provides that the amendment printed in the report of the Committee on Rules accompanying this resolution shall be considered as adopted. Finally, the rule provides one motion to recommit, with or without instructions.
Mr. Speaker, H.R. 3193 is a bipartisan measure sponsored by the gentleman from Indiana (Mr. Souder). The bill has 228 cosponsors from across the country, including 44 Democrats.
The bill simply permits law-abiding citizens of the District of Columbia to own firearms, a right currently denied them by act of the D.C. City Council. The Nation's capital has the toughest laws and regulations in the country prohibiting gun ownership by citizens. This bill would repeal the most onerous of those laws, thereby permitting individuals to protect themselves and their families in their own homes and otherwise enjoy privileges of gun ownership comparable to those enjoyed by most American citizens.
This bill would not affect any laws currently aimed at criminals and would place strict penalties on criminals who use guns to commit crimes. In addition, all penalties are doubled for illegal possession of a firearm in a ``gun-free zone'' within 1,000 feet of a school, day care center, college, or various youth 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 5 years served before eligibility for parole or probation.
Mr. Speaker, some have suggested that passage of H.R. 3193 may lead to an increase in violent crime, but I have to say that the facts suggest otherwise. Before the D.C. City Council imposed a handgun and home-defense ban in 1976, D.C.'s homicide rate had been declining. After the ban was instituted, however, D.C.'s homicide rate rose by more than 200 percent by 1991, while during the same period, the national homicide rate rose by just 12 percent. It is clear that this misguided and overly restrictive gun ban has not only failed to decrease violent crime in the District of Columbia, but it may have contributed to its increase. We have a chance today to do something about that.
So accordingly, Mr. Speaker, I urge my colleagues to support both the rule and the underlying bill.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I am pleased to yield 1\1/2\ minutes to the gentleman from Virginia (Mr. Wolf).
Mr. Speaker, I am pleased to yield 4 minutes to the gentleman from Georgia (Mr. Linder), the vice chairman of the Committee on Rules.
Mr. Speaker, I yield 3 minutes to the gentleman from Georgia (Mr. Gingrey).
Mr. Speaker, I yield 2 minutes to the gentleman from Oklahoma (Mr. Sullivan).
Mr. Speaker, I yield 8 minutes to the gentleman from Indiana (Mr. Souder), the sponsor of this measure.
Mr. Speaker, I yield back the balance of my time, and I move the previous question on the resolution.
The previous question was ordered.
Mr. Speaker, I rise today to express my strong opposition to H.R. 3193, the so-called District of Columbia Personal Protection Act. I do not agree with the premise that more hand guns and assault…
Mr. Speaker, I rise today to express my strong opposition to H.R. 3193, the so-called District of Columbia Personal Protection Act.
I do not agree with the premise that more hand guns and assault weapons in the District will mean less crime on the streets of our Nation's Capital. The experts don't either. The Mayor of the District, Anthony Williams, strongly opposes this bill. The District's Chief of Police, Charles Ramsey, recently said that ``to reduce crime and prevent more senseless tragedies like the recent killings in Anacostia and Ballou, we need fewer--not more--weapons. . .'' The District's Delegate in the Congress Eleanor Holmes Norton, is strongly against this legislation, as is the City Council.
Why, Mr. Speaker, do all these District leaders oppose this effort to overturn their gun laws? Because, to cite just recent examples, they have seen their neighbors, their family, and their co-workers mourn the loss of 16 local children killed by guns this year. And yet, today in the House, a place secured from weapons by metal detectors at every entrance and protected by our own dedicated police force, we are voting on legislation that will overrule the District's own sensible gun laws.
Today, I have heard from a number of my colleagues who support this legislation that the District of Columbia is the murder capital of the United States and that the best way to solve this problem is to increase access to hand guns and assault weapons. But what I want to ask is why we are not actually helping the District with its real underlying problems. Why are we not doing more to support the police officers on the streets of the District? Why are we not doing more to support after-school programs to keep children off the streets and away from guns and crime? Why are we not providing funds for job training and other educational programs for the District's residents, who desperately want to end the cycle of crime that plagues many of their District's communities? The simple answer is that this legislation is based not on sound public policy or on a desire to end gun-related crimes; this is a politically motivated attempt to curry favor with the National Rifle Association and other opponents of reasonable gun safety.
Mr. Speaker, I cannot understand why those who, day after day, rail on the floor of the House about their support for federalism are now taking significant steps to trample the right of the District to decide its own affairs. If my colleagues who support this measure really feel that the District should repeal its gun registration laws, repeal its assault weapons ban, and allow ``cop killer'' bullets on the streets, then I recommend that they register to vote in the District and lobby their local councilmember for such a change. This is the appropriate way to change the laws of the District of Columbia.
The elected leaders of the District of Columbia do not want this legislation. The people of the District of Columbia do not want this legislation. If passed, this legislation will put more people at risk of being shot with assault weapons or handguns--particularly at risk are children and police officers. It's time to stand up to the gun lobby and oppose legislation that will make the District of Columbia less safe. I strongly urge my colleagues to vote no on H.R. 3193.
Mr. Speaker, first. In addition to violating the Republicans' ``sacred oath'' to support ``states' rights;'' this body is violating the citizens of the District of Columbia's right to…
Mr. Speaker, first. In addition to violating the Republicans' ``sacred oath'' to support ``states' rights;'' this body is violating the citizens of the District of Columbia's right to self-determination with respect to guns . . . just because it can. Congress, in 1993, denied American citizens the right to statehood and continues to deny them voting rights. DC's young people are fighting, dying and being wounded in Iraq and Afghanistan in the name of democracy and self-determination . . . something they don't have back home in DC! So Republicans in Congress exercise outside control over DC citizens, and DC citizens have limited means of fighting back, since they have no voting representation in Congress.
Second. The other side is forcing us to vote on this bill just to send a political message back home. The Senate has already rejected it, so we know it will not become law this year. They are doing it for political reasons just before the election on November 2--which they would never even think about doing to another state because the Americans they represent have a member in the House and two in the Senate. They are exploiting the politically impotent citizens of DC. It reminds me of the big bully in school picking on the littlest and weakest kid in the class. Let's be clear. They are forcing us to vote on this legislation in order to politicize the gun issue on the eve of the election in order to send a political message back home.
Third. In addition to all of that, let's look at the Republican flip- flop on the gun issue! What was the Republican Party saying about guns in 1968? And, I might add for context, in 1967-1968 our cities were in rebellion and our colleague, Congressman Bobby Rush, was a Black Panther, and the Panthers had guns?
But let's look at the Republican Platform language in 1968!
republican party platform 1968
``We pledge an all-out federal-state-local crusade against
crime, including enactment of legislation to control
indiscriminate availability of firearms.''
republicans in congress in 2004
First, on September 13, Republicans let the assault weapons
ban expire!
Now the ``Republican District of Columbia Personal
Protection Act''!
Sec. 3. Reform DC Council's authority to restrict firearms.
This section shall not 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 otherwise permitted to
possess firearms under Federal law from acquiring, possessing
in their homes or businesses, or using for sporting, self-
protection or other lawful purposes, any firearm neither
prohibited by Federal law nor regulated by 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.
Sec. 4. Repeal DC semiautomatic ban.
Sec. 5. Repeal registration requirement.
Sec. 6. Repeal handgun ammunition ban.
Sec. 8. Additional repeals.
Sec. 9. Remove criminal penalties for possession of
unregistered firearms.
This bill is a waste of this body's time. It is wrongheaded. It is patently unfair. It is nakedly political. It is anti-democratic. And I urge its defeat.
Mr. Speaker, I cannot support this bill, which would repeal a number of local laws adopted by the District of Columbia City Council and would prohibit the passage of similar local laws in the future.…
Mr. Speaker, I cannot support this bill, which would repeal a number of local laws adopted by the District of Columbia City Council and would prohibit the passage of similar local laws in the future.
The laws in question deal with regulation of firearms. But that is not the reason for my opposition.
Instead, I oppose the bill because I think its enactment would be an abuse of our authority as Members of Congress. Its effect would be to reduce the right of self-government for one group of Americans--those who reside in Washington, DC.
I know the Constitution gives Congress the power ``to exercise exclusive legislation in all cases whatsoever'' over the District of Columbia--even though the residents of the district are not fully represented in either the House of Representatives or the U.S. Senate.
But Congress, through the Home Rule Act, has authorized the district's residents to elect a city council and mayor who will be immediately responsible for governing the city.
I am convinced this was the right thing to do. I support home rule for Washington, DC, because I think Americans who live in the district deserve to be able to govern themselves as much as possible consistent with the necessary functioning of the Federal Government. And this bill flies in the face of that principle.
It's true that the bill includes a ``finding'' that its enactment ``is required to correct the District of Columbia's law in order to restore the rights of its citizens under the second amendment to the United States Constitution and thereby enhance public safety.'' But I don't think that settles the matter.
I take seriously my oath to uphold the Constitution. But I am not convinced that fidelity to that oath requires a vote to repeal these local laws--especially since as far as I know there has been no successful challenge to their constitutionality in all the years they have been on the books.
And I certainly don't think fidelity to my oath requires me to support a reduction in the authority of the D.C. City Council to pass similar laws in the future, as this bill would do.
Further, while there is plenty of room to debate whether repealing these particular laws would or would not enhance public safety--just as there is room to debate whether the laws themselves are desirable or effective--I think that debate should not take place here in Congress. The laws this bill would repeal were duly adopted by the elected government of the district and they have not interfered with the orderly functioning of the Federal Government. So, in my opinion, decisions about retaining, amending, or repealing these local laws should be made by the city council--a body that is elected by and accountable to the people who are subject to them.
Instead, by passing this bill Congress would substitute its judgment for that of the local elected government--in effect denying their constituents the right to govern themselves on this subject.
We cannot--and we should not--do that to the residents of Colorado or any other State. I do not think we should do it to the people who live here in Washington, DC. We may not think these local laws are well- designed. But I think we should allow those covered by the laws to decide that for themselves.
Mr. Speaker, I rise in outraged opposition to H.R. 3193, the so-called District of Columbia Personal Protection Act. This bill strips away gun safety laws passed by the City Council here in our…
Mr. Speaker, I rise in outraged opposition to H.R. 3193, the so-called District of Columbia Personal Protection Act. This bill strips away gun safety laws passed by the City Council here in our Nation's capital. It allows people in DC to buy assault weapons and use ``cop-killer'' bullets. It overturns laws that ban criminals from owning guns.
Mr. Speaker, the internal contradictions and extremism of this bill say a lot about the Republican majority's desperation to please the National Rifle Association shortly before the election. In order to chock up a vote for the NRA scorecard, Republicans play lip service to States' rights and local control while nullifying laws passed by the elected leaders of DC.
Do the people of Washington, DC want their gun laws repealed? Not on you life.
Residents of DC will be less safe, but who cares say the Republicans. They've got to reward the NRA for millions in campaign contributions dumped into their reelection coffers. They have no shame.
Consider the parents of the 16 DC children killed by guns this year. They have to relive their nightmare every day and now the tragedy of more children murdered by guns and more parents mourning as assault weapons again rule the streets. Their wishes are being dishonored and stripped away today. Their calls for safe streets ignored. Their hope for safer neighborhoods--gone. All capriciously taken away by Republicans and the NRA.
I bet these parents, like any other parent in any community across this Nation, wish they had the same grip over their local gun laws as the National Rifle Association.
The 230 cosponsors of this legislation work in a building where guns are banned. Every visitor has to pass through a metal detector. Millions have been spent on Homeland Security upgrades in and around the Capitol. Yet, they foolishly think the Global War on Terror stops at the banks of the Potomac. Or maybe they figure they're safe behind the barricades and armed police so why worry about gun laws that protect other people who life in this city?
If you're worried about your safety in some of the most dangerous neighborhoods just blocks from the Capitol, here's the Republicans' message to you: buy an AK-47 and pray that you're a better shot than the other guy. Never mind studies published in the New England Journal of Medicine that conclude that guns kept in the home for self- protection triple the risk of homicide, and are 43 times more likely to kill a family member or friend than an intruder.
Any member of this body who feels safer because of the extensive gun control here in the Capitol Building has an obligation to vote against this bill so that the people of DC have the same right to control their personal safety. If you vote for a firearms free-for-all in Washington, DC, then you should have the decency to introduce legislation allowing assault weapons right here, in your own workplace, in this Capitol. Even Republicans know that would be wrong, but if that's really where you stand, then I stand with the citizens of DC who know what's best. Do what they'd do. Vote down this bill.
Mr. Speaker, while we ultimately are debating two different gun control bans in the District of Columbia, I am going to confine my comments to the District's ban on the acquisition or possession of a…
Mr. Speaker, while we ultimately are debating two different gun control bans in the District of Columbia, I am going to confine my comments to the District's ban on the acquisition or possession of a handgun. The evidence is clear that this handgun ban has not reduced crime.
Since the ban, the city's violent crime rates, particularly its murder rates, have increased. When the ban went into effect, the city's murder rate was twice the national rate. Today it is more than seven times the national rate.
Chicago is the other major American city that has a handgun ban, and it has been on the books almost as long as the District's. The Chicago ban went into effect in 1982, and within a decade murders with handguns doubled.
California banned so-called ``assault weapons'' in 1989. For the next 5 years, California's murder rate increased every year, 26 percent overall.
Of course, I am sure we are all familiar with the study that was conducted of the Federal assault weapons law, under Congress's mandate. That study found no hard evidence that the ban had any effect on crime. Among the reasons for this, the guns that were banned were rarely used in crime before the ban.
Many of our colleagues may also remember that several years ago we passed legislation prohibiting the Centers for Disease Control and Prevention from using Federal funds to pay for so-called studies designed from the outset to reach conclusions that political activists could use to promote gun control for policy purposes.
It was clear that there was a significant bias at the CDC in favor of gun control. And that bias remains. But even the CDC, in a study conducted last year, found no evidence that gun bans reduce crime. For that matter, the study found no evidence that any form of gun control reduces crime.
Around the same time, the Library of Congress studied the relationship of gun control to crime in 27 foreign countries, and it concluded there was no relationship between gun restrictions and crime.
Even though Americans buy about 5 million new guns a year, the Nation's violent crime rate has dropped every year since 1991 and it is now at a 27-year low; that is, if you base the counts on crimes reported to the police and the FBI. If you base the counts on the National Crime Victimization surveys, however, the Nation's violent crime is at a 30-year low.
Based upon crimes reported to the police and FBI, the Nation's murder rates the last few years have been lower than any time since the mid- 1960s.
So, the gun control supporters' motto, ``More guns means more crime,'' is demonstrably false.
These statistics from around the country and around the world cannot be expected to alter the thinking of people who are ideologically opposed to private ownership of guns. However, ideology has been proven false by hard facts and should not dictate the policies under which the rest of us should live.
Mr. Speaker, I thank my friend from the Committee on Rules, the gentleman from Washington (Mr. Hastings), for the time. Mr. Speaker, I rise in support of H. Res. 803, a closed rule that provides for…
Mr. Speaker, I thank my friend from the Committee on Rules, the gentleman from Washington (Mr. Hastings), for the time.
Mr. Speaker, I rise in support of H. Res. 803, a closed rule that provides for the consideration of H.R. 3193, the District of Columbia Personal Protection Act. This is an appropriate rule that will allow the House to work its will on the underlying legislation, and I urge my colleagues in the House to join me in voting for its approval.
Mr. Speaker, I can certainly appreciate the position of those who oppose the underlying legislation. As a consistent proponent of home rule, I believe that the Federal Government should be limited in its influence over State and local laws.
The crux of this debate, however, is not whether the Congress has the authority to repeal the District's prohibition of owning firearms. The Founders were explicit in their desire for congressional oversight and responsibility in the affairs and laws of the District of Columbia.
The heart of the matter before us today is whether the District of Columbia should continue to prevent its citizens from exercising their full rights under the Constitution. We do not get to pick and choose our amendments, and the second amendment was written with just as much force and meaning as the first and the fifth and the tenth.
In 1975, the District's government enacted measures to prevent citizens from owning certain firearms in an ill-advised effort to reduce its violent crime rate. My colleagues have just heard about that from the previous speaker. As many of my colleagues can attest, however, the District, despite these laws, continues to be known across the country as the ``murder capital.''
It is beyond me to understand how we can stand here in the well of this House and say this is the most violent city in the Nation, this is the murder capital of the world, people are being gunned down, please do not change anything; leave it as it is. Does it ever strike anybody that, perhaps, perhaps, there would be less violence if the bad guys who do get guns, who have guns, would think for a moment that the people they are approaching might have guns, too?
This is not the kind of wild west life we want to live, but it is a fact of life that, in those areas where we have concealed-carry laws, there is less violent gun crime because the bad guys who have an easy time getting guns are concerned that maybe they are approaching someone who has one, too. There are some nations or some jurisdictions in this Nation that actually require people to keep guns in their houses, and it is an uncomfortable fact for those who would like to get rid of guns, but it is a fact.
They have less crime. They have far less crime.
So, Mr. Speaker, I urge my colleagues to support this rule and support the underlying law.
Mr. Speaker, I never could have thought I would see it, a House that is run by a conservative majority that is bent on imposing its will on the minority. We have seen it many times, but, Mr. Speaker,…
Mr. Speaker, I never could have thought I would see it, a House that is run by a conservative majority that is bent on imposing its will on the minority.
We have seen it many times, but, Mr. Speaker, it is so interesting to see that, this morning, we are taking up an issue, we are enforcing our will upon the people of this District of Columbia. Whereas, we would not even allow any other State or this Congress to dictate its will against the interests of our own local communities, we are prepared to do that to the District of Columbia.
It should not be any surprise, I suppose, to our delegate, the gentlewoman from the District of Columbia (Ms. Norton). She has seen it too many times where she represents a populace here in Washington, D.C., that does not have the vote, does not have the vote here in the Halls of Congress. It does have a vote, however, on the local management of the city, not until today.
Today, the Congress says, not only will you not have a vote in the Halls of the Congress, not only as United States citizens will you be denied the right to vote, but you will also be denied in your own local government to decide what is in the best interests of your people.
We look at Washington, D.C., and see one of the most murderous capitals in this country, where every single day mothers worry about whether their children are going to get home at the end of the day, whether their children are going to be killed in drive-by shootings, whether their children are going to be safe.
To the mothers in the District of Columbia, terrorism means drive-by shootings, not Osama bin Laden. To the people of Washington, D.C., terrorism is defined by semi-automatic weapons and unrestricted access to all kinds of guns.
Mr. Speaker, this rule and this bill says terrorism is all right. Terrorism for the people of this city, who now will have to wonder how many guns are staring them down when they go outside every single day of the week, are going to have to wonder, when they see all of the complement of anti-terrorist measures in this town and know that those anti-terrorist measures are for everyone else but them, the inhabitants of Washington, D.C.
Mr. Speaker, this rule and this bill eliminate all of those laws that the people of this city have determined are in their best interest in defending their people, and it says, no, we are going to make you an example to the NRA that, whatever they want, they will get. When it comes to the repeal of the assault weapons ban, not only will this President not have fallen through on his commitment, but furthermore, they will have retreated on their commitment to defend the people of this Capital City and the Capitol Police of this Capital City. They ought to be ashamed of themselves.
Mr. Speaker, I rise in opposition to this bill. The other side would have you believe that they want to repeal legislation in the District of Columbia to stop handguns. But that is not what this bill…
Mr. Speaker, I rise in opposition to this bill. The other side
would have you believe that they want to repeal legislation in the District of Columbia to stop handguns. But that is not what this bill does. This bill repeals the District's laws on assault weapons. I want to show a chart, if I might, because one of the assault weapons that would be made legal if this bill passes is a semiautomatic 50-caliber sniper weapon. This is its actual size. It is capable of taking out an armored limousine from a mile away. Can you imagine that in the District of Columbia someone could have this assault weapon and stick it out of a window on Pennsylvania Avenue? We have people coming in and out of this city who are very important to the functioning of our government, international visitors. Yet they could own and possess this weapon if the legislation before us passes.
We are spending millions of dollars to protect the Nation's capital from another terrorist attack, yet we are passing legislation today that would invite terrorists to bring assault weapons into the heart of the Nation's capital.
There is a real irony. There are committees that are meeting today to pass different parts of legislation based on the recommendations of the 9/11 Commission. Those recommendations were to make our Nation safe from terrorist attacks. Yet in this bill we are telling terrorists that it is okay for them to have assault weapons when they visit the Nation's capital.
We are under an orange alert because someone working with al Qaeda took photos of the World Bank, the IMF, and other buildings in D.C. Think of the damage that person could have done if he or she had a 50- caliber sniper weapon instead of a camera. Two years ago, this city, this whole region was gripped with fear when a sniper systematically stalked and killed 10 people. The gun he used was the Bushmaster XM-15 assault rifle. Along with AK-47s and Uzis, the Bushmaster assault rifle is one of the guns that this bill would legalize.
The vast majority of the people in this Nation support the Federal ban on assault weapons. Even the President said he supported the continuation of the assault weapons ban, but we could not even bring it up for a vote in the House of Representatives. Instead, the Republican leadership in the House has brought up to the House floor legislation that makes assault weapons legal in the Nation's capital. I wonder if they are going to get around to mandating that each Member of Congress buy an assault weapon rather than ban it all around this Nation.
This bill is being rushed to the floor to score political points with the NRA. The bill is an abomination. I urge my colleagues to defeat it.
Mr. Speaker, I thank the gentleman from Washington State, the distinguished member of the Committee on Rules, for yielding me this time, and I want to thank my colleague, the gentleman from Indiana…
Mr. Speaker, I thank the gentleman from Washington State, the distinguished member of the Committee on Rules, for yielding me this time, and I want to thank my colleague, the gentleman from Indiana (Mr. Souder), for introducing legislation to restore our constitutionally protected right to keep and bear arms in the District of Columbia. H.R. 3193, the District of Columbia Personal Protection Act, would eliminate penalties for the legal possession of a firearm, and it would permit the storage of legal firearms in an individual's home or place of business.
This debate is fundamental in its nature. Americans should have the right to defend themselves against a violent assault. They should have the right to protect their own lives. In 2002, the District of Columbia earned the rare distinction of being the murder capital of America for 14 out of 15 years, yet all handguns have been banned in the District since 1976. This simple fact shows that firearm bans do not work to decrease crime. D.C. laws should not make it a criminal offense to possess a firearm and self-defense in one's own home or business.
Mr. Speaker, the Washington Times reported on December 14, 1994, that Rebecca Griffin heard her daughter screaming one night, only to find her bound and gagged by two potential kidnappers. With one carrying a knife, she was quick to end the attack after retrieving her 32-caliber revolver from the basement. Although her daughter was left cut and bleeding, by using a firearm to protect her family in her own home, she saved her daughter from abduction and, yes, possibly death.
It is interesting to note that crime was on the decline in Washington, D.C., before the gun ban was imposed. Yet in only the first 15 years of the ban, from 1976 to 1991, the homicide rate increased by more than 200 percent while the rest of the United States had only a 12 percent increase.
When Congress chose to delegate home rule in the 1970s, it specified that legislation by the District must be consistent with the Constitution of the United States, and I hope that the gentleman from Rhode Island and the gentlewoman from the District of Columbia, who previously spoke about the rights of D.C. citizens, are listening. However, the District of Columbia consistently violates the second amendment right to keep and bear arms. It violates the right to self- defense.
Mr. Speaker, I ask my colleagues to pass the rule for the District of Columbia Personal Protection Act and to restore second amendment rights to the law-abiding citizens of our Nation's Capital.
Mr. Speaker, I rise today in opposition to H.R. 3193, and I respect the gentleman from Indiana's perspective on this issue. I think there is room in the House for disagreement. But my opposition is…
Mr. Speaker, I rise today in opposition to H.R. 3193, and I respect the gentleman from Indiana's perspective on this issue. I think there is room in the House for disagreement. But my opposition is based on the legislation's blatant and potentially dangerous assault on home rule in the District of Columbia.
There is an appropriate place for debate on D.C.'s gun laws, and that place is the chambers of the District of Columbia Council, not the floor of the House of Representatives.
This bill repeals protections from gun violence that have been sought by the citizens of the District. It would end the city's ban on semi- automatic assault weapons, its ban on armor-piercing or ``cop killing'' ammunition, its requirement for gun registration. Even if we want to debate the merits of the gun laws, no one should question the importance of keeping fully loaded assault weapons off the streets of the Nation's capital.
Ninety-seven percent of all guns used in crimes in the District originate outside the District. Children in the Nation's capital are already at risk. This year, 21 young people in the District, all of them under 18 years of age, have been killed, most of them by gunshot. Our priority should be in reducing this disturbing rise in juvenile slayings, and I do not think this legislation helps.
The crime rate, by the way, in the city is going down. The police chief was quoted just last week as saying a 13 percent drop in overall crime this year, 24 percent reduction in homicides this year.
Proponents of this bill want to frame this debate in terms of the constitutionality of the District's law, but that is a straw man. Earlier this year, a U.S. District Court rejected constitutional challenge to the District's statute. This is a home rule fight. We do not allow the city a vote on the House floor, and now, we are taking away the rights of the Council and the elected mayor of the city to make decisions that they have made and will omit Oak Park, Chicago, Evanston, Illinois. We are not touching those areas that have representation in this body. We are just dealing with the Nation's capital. For our system of federalism and democracy to work, States and localities need to be able to make their own decisions on these sorts of matters, even if some of us think they are bad decisions.
We are only here today because of Congress's plenary power over the District. This is a constitutional authority that is unfortunately occasionally abused as it is in this case.
I urge my colleagues to join me in voting ``no.''
Bill Text
3 versions available
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3193 Received in Senate (RDS)]
2d Session
H. R. 3193
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 30, 2004
Received
_______________________________________________________________________
AN ACT
To restore second amendment rights in the District of Columbia.
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 ``District of Columbia Personal
Protection Act''.
SEC. 2. CONGRESSIONAL FINDINGS.
Congress finds the following:
(1) The Second Amendment to the United States Constitution
provides that the right of the people to keep and bear arms
shall not be infringed.
(2) The Second Amendment to the United States Constitution
protects the rights of individuals, including those who are not
members of a militia or engaged in military service or
training, to keep and bear arms.
(3) The law-abiding citizens of the District of Columbia
are deprived by local laws of handguns, rifles, and shotguns
that are commonly kept by law-abiding persons throughout the
rest of the United States for sporting use and for lawful
defense of persons, homes, and families.
(4) The District of Columbia has the highest per capita
murder rate in the Nation, which may be attributed in part to
local laws prohibiting possession of firearms by law-abiding
persons who would otherwise be able to defend themselves and
their loved ones in their own homes and businesses.
(5) The Federal Gun Control Act of 1968, as amended by the
Firearms Owners' Protection Act of 1986, and the Brady Handgun
Violence Prevention Act of 1993, provide comprehensive Federal
regulations applicable in the District of Columbia as
elsewhere. In addition, existing District of Columbia criminal
laws punish possession and illegal use of firearms by violent
criminals and felons. Consequently, there is no need for local
laws which only disarm law-abiding citizens.
(6) Legislation is required to correct the District of
Columbia's law in order to restore the rights of its citizens
under the Second Amendment to the United States Constitution
and thereby enhance public safety.
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: ``This section shall not 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
otherwise permitted to possess firearms under Federal law from
acquiring, possessing in their homes or businesses, or using for
sporting, self-protection or other lawful purposes, any firearm neither
prohibited by Federal law nor regulated by 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.''.
SEC. 4. REPEAL D.C. SEMIAUTOMATIC BAN.
Section 101(10) of the Firearms Control Regulations Act of 1975
(sec. 7-2501.01(10), D.C. Official Code) is amended to read as follows:
``(10) Machine gun means any firearm which shoots, is
designed to shoot, or can be readily converted or restored to
shoot automatically, more than 1 shot by a single function of
the trigger.''.
SEC. 5. REPEAL REGISTRATION REQUIREMENT.
(a) 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).''.
(b) 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:
``(c) A firearm described in this subsection is any of the
following:
``(1) A sawed-off shotgun.
``(2) A machine gun.
``(3) A short-barreled rifle.''.
SEC. 6. REPEAL HANDGUN AMMUNITION BAN.
Section 601 of the Firearms Control Regulations Act of 1975 (sec.
7-2506.01, D.C. Official Code) is repealed.
SEC. 7. RESTORE RIGHT OF SELF DEFENSE IN THE HOME.
Section 702 of the Firearms Control Regulations Act of 1975 (sec.
7-2507.02, D.C. Official Code) is repealed.
SEC. 8. ADDITIONAL REPEALS.
Sections 202 through 211 of the Firearms Control Regulations Act of
1975 (secs. 7-2502.02 through 7-2502.11, D.C. Official Code) are
repealed.
SEC. 9. 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--
(1) by striking ``that:'' and all that follows through
``(1) A'' and inserting ``that a''; and
(2) by striking paragraph (2).
(b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to violations occurring after the 60-day period
which begins on the date of the enactment of this Act.
SEC. 10. REMOVE CRIMINAL PENALTIES FOR CARRYING A FIREARM IN ONE'S
DWELLING OR OTHER PREMISES.
(a) In General.--Section 4(a) of the Act of July 8, 1932 (47 Stat.
651; sec. 22--4504(a), D.C. Official Code) is amended--
(1) in the matter before paragraph (1), by striking ``a
pistol,'' and inserting the following: ``except in his dwelling
house or place of business or on other land possessed by that
person, whether loaded or unloaded, a firearm,''; and
(2) by striking ``except that:'' and all that follows
through ``(2) If the violation'' and inserting ``except that if
the violation''.
(b) Treatment of Certain Exceptions.--Section 5(a) of such Act (47
Stat. 651; sec. 22--4505(a), D.C. Official Code) is amended--
(1) by striking ``pistol'' each place it appears and
inserting ``firearm''; and
(2) by striking the period at the end and inserting the
following: ``, or to any person while carrying or transporting
a firearm used in connection with an organized military
activity, a target shoot, formal or informal target practice,
sport shooting event, hunting, a firearms or hunter safety
class, trapping, or a dog obedience training class or show, or
the moving by a bona fide gun collector of part or all of the
collector's gun collection from place to place for public or
private exhibition while the person is engaged in, on the way
to, or returning from that activity if each firearm is unloaded
and carried in an enclosed case or an enclosed holster, or to
any person carrying or transporting a firearm in compliance
with sections 926A, 926B or 926C of title 18, United States
Code.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to violations occurring after the 60-day period
which begins on the date of the enactment of this Act.
Passed the House of Representatives September 29, 2004.
Attest:
JEFF TRANDAHL,
Clerk.