H.R. 3193House108th Congress (2003-2005)Passed House

District of Columbia Personal Protection Act

Introduced September 25, 2003

Legislative Activity

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14 earlier actions
SenateIntro Referral Latest Action

Received in the Senate.

September 30, 2004

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HouseIntro Referral

Introduced in House

September 25, 2003

HouseIntro Referral

Referred to the House Committee on Government Reform.

September 25, 2003

HouseFloor

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

HouseFloor

Rule H. Res. 803 passed House.

September 29, 2004 • 11:34 AM

HouseFloor

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

HouseFloor

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

HouseFloor

DEBATE - The House proceeded with one hour of debate on H.R. 3193.

September 29, 2004 • 12:56 PM

HouseFloor

DEBATE - The House continued with debate on H.R. 3193.

September 29, 2004 • 1:14 PM

HouseFloor

The previous question was ordered pursuant to the rule.

September 29, 2004 • 2:06 PM

HouseFloor

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

HouseFloor

Considered as unfinished business. (consideration: CR H7758-7776)

September 29, 2004 • 2:29 PM

HouseFloor

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

HouseFloor

On passage Passed by recorded vote: 250 - 171, 1 Present (Roll no. 477). (text: CR H7758-7759)

September 29, 2004 • 2:55 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

September 29, 2004 • 2:55 PM

SenateIntro Referral

Received in the Senate.

September 30, 2004

Floor Debate

22 members

What members said about H.R. 3193 on the floor

8 Republicans14 Democrats
Mark E. Souder
Rep. Mark E. SouderR-IN-3 · Sep 29, 2004

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

James P. McGovern
Rep. James P. McGovernD-MA-3 · Sep 29, 2004

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…

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

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

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

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…

Steny H. Hoyer
Rep. Steny H. HoyerD-MD-5 · Sep 23, 2004

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.…

Show 8 more
Tom DeLay
Rep. Tom DeLayR-TX-22 · Sep 23, 2004

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…

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

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

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

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

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

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…

Mike Ross
Rep. Mike RossD-AR-4 · Sep 29, 2004

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

Albert Russell Wynn
Rep. Albert Russell WynnD-MD-4 · Sep 29, 2004

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…

Elijah E. Cummings
Rep. Elijah E. CummingsD-MD-7 · Sep 29, 2004

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…

Ron Paul
Rep. Ron PaulR-TX-14 · Sep 29, 2004

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…

Show 11 more
Doc Hastings
Rep. Doc HastingsR-WA-4 · Sep 29, 2004

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…

Rush Holt
Rep. Rush HoltD-NJ-12 · Sep 29, 2004

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…

Jesse L. Jackson, Jr.
Rep. Jesse L. Jackson, Jr.D-IL-2 · Sep 29, 2004

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…

Mark Udall
Rep. Mark UdallD-CO-2 · Sep 29, 2004

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.…

Fortney Pete Stark
Rep. Fortney Pete StarkD-CA-13 · Sep 29, 2004

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…

Sam Graves
Rep. Sam GravesR-MO-6 · Sep 29, 2004

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…

John Linder
Rep. John LinderR-GA-7 · Sep 29, 2004

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…

Patrick J. Kennedy
Rep. Patrick J. KennedyD-RI-1 · Sep 29, 2004

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,…

Henry A. Waxman
Rep. Henry A. WaxmanD-CA-30 · Sep 29, 2004

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…

Phil Gingrey
Rep. Phil GingreyR-GA-11 · Sep 29, 2004

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…

Tom Davis
Rep. Tom DavisR-VA-11 · Sep 29, 2004

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…

Bill Text

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Received in SenateIssued September 30, 2004
        [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.