[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.