II
Calendar No. 117
110th CONGRESS
2d Session
H. R. 6842
IN THE SENATE OF THE UNITED STATES
September 18 (legislative day, September 17), 2008
Received and read the first time
November 18, 2008
Read the second time and placed on the calendar under authority of the order of the Senate of November 17 (legislative day, September 17), 2008
AN ACT
To restore Second Amendment rights in the District of Columbia.
Short title
This Act may be cited as the
Second Amendment Enforcement
Act
.
Congressional findings
Congress finds the following:
The Second Amendment to the United States Constitution provides that the right of the people to keep and bear arms shall not be infringed.
As the Congress and the Supreme Court of the United States have recognized, 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.
The law-abiding citizens of the District of Columbia are deprived by local laws of handguns, rifles, and shotguns that are commonly kept by law-abiding persons throughout the United States for sporting use and for lawful defense of their persons, homes, businesses, and families.
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.
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 affect and disarm law-abiding citizens.
Officials of the District of Columbia have indicated their intention to continue to unduly restrict lawful firearm possession and use by citizens of the District.
Legislation is required to correct the District of Columbia’s law in order to restore the fundamental rights of its citizens under the Second Amendment to the United States Constitution and thereby enhance public safety.
Reform D.C. council’s authority to restrict firearms
Section 4 of the Act entitled An Act
to prohibit the killing of wild birds and wild animals in the District of
Columbia
, approved June 30, 1906 (34 Stat. 809; sec. 1–303.43, D.C.
Official Code) is amended by adding at the end the following: Nothing in
this section or any other provision of law shall authorize, or shall be
construed to permit, the Council, the Mayor, or any governmental or regulatory
authority of the District of Columbia to prohibit, constructively prohibit, or
unduly burden the ability of persons not prohibited from possessing firearms
under Federal law from acquiring, possessing in their homes or businesses, or
using for sporting, self-protection or other lawful purposes, any firearm
neither prohibited by Federal law nor subject to the
National Firearms Act. The District of
Columbia shall not have authority to enact laws or regulations that discourage
or eliminate the private ownership or use of firearms. Nothing in the previous
two sentences shall be construed to prohibit the District of Columbia from
regulating or prohibiting the carrying of firearms by a person, either
concealed or openly, other than at the person's dwelling place, place of
business, or on other land possessed by the person.
.
Repeal D.C. semiautomatic ban
In General
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:
Machine
gun
means any firearm which shoots, is designed to shoot, or readily
restored to shoot automatically, more than 1 shot without manual reloading by a
single function of the trigger, and includes the frame or receiver of any such
weapon, any part designed and intended solely and exclusively, or combination
of parts designed and intended, for use in converting a weapon into a machine
gun, and any combination of parts from which a machine gun can be assembled if
such parts are in the possession or under the control of a
person.
.
Conforming Amendment to Provisions Setting Forth Criminal Penalties
Section 1(c) of the Act of July 8, 1932 (47 Stat. 651; sec. 22—4501(c), D.C. Official Code) is amended to read as follows:
Machine
gun
, as used in this Act, has the meaning given such term in section
101(10) of the Firearms Control Regulations Act of
1975.
.
Repeal registration requirement
Repeal of requirement
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).
.
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:
A firearm described in this subsection is any of the following:
A sawed-off shotgun.
A machine gun.
A short-barreled rifle.
.
Conforming amendment
The heading of section 201 of such Act (sec. 7—2502.01,
D.C. Official Code) is amended by striking Registration
requirements
and inserting Firearm Possession
.
Conforming Amendments to Firearms Control Regulations Act
The Firearms Control Regulations Act of 1975 is amended as follows:
Sections 202 through 211 (secs. 7–2502.02 through 7–2502.11, D.C. Official Code) are repealed.
Section 101 (sec. 7—2501.01, D.C. Official Code) is amended by striking paragraph (13).
Section 401 (sec. 7—2504.01, D.C. Official Code) is amended—
in subsection (a),
by striking the District;
and all that follows and inserting the
following: the District, except that a person may engage in hand
loading, reloading, or custom loading of ammunition for firearms lawfully
possessed under this Act.
; and
in subsection (b),
by striking which are unregisterable under section 202
and
inserting which are prohibited under section 201
.
Section 402 (sec. 7—2504.02, D.C. Official Code) is amended—
in subsection (a),
by striking Any person eligible to register a firearm
and all
that follows through such business,
and inserting the following:
Any person not otherwise prohibited from possessing or receiving a
firearm under Federal or District law, or from being licensed under section 923
of title 18, United States Code,
; and
in subsection (b), by amending paragraph (1) to read as follows:
The applicant’s name;
.
Section 403(b)
(sec. 7—2504.03(b), D.C. Official Code) is amended by striking
registration certificate
and inserting dealer’s
license
.
Section 404(a)(3) (sec. 7—2504.04(a)(3)), D.C. Official Code) is amended—
in subparagraph
(B)(i), by striking registration certificate number (if any) of the
firearm,
;
in subparagraph
(B)(iv), by striking holding the registration certificate
and
inserting from whom it was received for repair
;
in subparagraph
(C)(i), by striking and registration certificate number (if any) of the
firearm
;
in subparagraph
(C)(ii), by striking registration certificate number or
;
and
by striking subparagraphs (D) and (E).
Section 406(c) (sec. 7—2504.06(c), D.C. Official Code) is amended to read as follows:
Within 45 days of a decision becoming effective which is unfavorable to a licensee or to an applicant for a dealer’s license, the licensee or application shall—
lawfully remove from the District all destructive devices in his inventory, or peaceably surrender to the Chief all destructive devices in his inventory in the manner provided in section 705; and
lawfully dispose, to himself or to another, any firearms and ammunition in his inventory.
.
Section 407(b)
(sec. 7—2504.07(b), D.C. Official Code) is amended by striking would not
be eligible
and all that follows and inserting is prohibited
from possessing or receiving a firearm under Federal or District
law.
.
Section 502 (sec. 7—2505.02, D.C. Official Code) is amended—
by amending subsection (a) to read as follows:
Any person or organization not prohibited from possessing or receiving a firearm under Federal or District law may sell or otherwise transfer ammunition or any firearm, except those which are prohibited under section 201, to a licensed dealer.
;
by amending subsection (c) to read as follows:
Any licensed dealer may sell or otherwise transfer a firearm to any person or organization not otherwise prohibited from possessing or receiving such firearm under Federal or District law.
;
in subsection (d), by striking paragraphs (2) and (3); and
by striking subsection (e).
Section 704 (sec. 7—2507.04, D.C. Official Code) is amended—
in subsection (a),
by striking any registration certificate or
and inserting
a
; and
in subsection (b),
by striking registration certificate,
.
Other Conforming Amendments
Section 2(4) of the Illegal Firearm Sale and Distribution Strict Liability Act of 1992 (sec. 7—2531.01(2)(4), D.C. Official Code) is amended—
in subparagraph
(A), by striking or ignoring proof of the purchaser’s residence in the
District of Columbia
; and
in subparagraph
(B), by striking registration and
.
Repeal handgun ammunition ban
Section 601(3)
of the Firearms Control Regulations Act of 1975 (sec. 7–2506.01(3), D.C.
Official Code) is amended by striking is the holder of the valid
registration certificate for
and inserting owns
.
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.
Remove criminal penalties for possession of unregistered firearms
In general
Section 706 of the Firearms Control Regulations Act of 1975 (sec. 7–2507.06, D.C. Official Code) is amended—
by
striking that:
and all that follows through (1) A
and inserting that a
; and
by striking paragraph (2).
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.
Remove criminal penalties for carrying a firearm in one’s dwelling or other premises
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—
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
by striking
except that:
and all that follows through (2) If the
violation
and inserting except that if the
violation
.
Conforming Amendment
Section 5 of such Act (47 Stat. 651; sec. 22—4505, D.C. Official Code) is amended—
by striking
pistol
each place it appears and inserting
firearm
; and
by striking
pistols
each place it appears and inserting
firearms
.
Authorizing Purchases of Firearms by District Residents
Section 922 of title 18, United States Code,
is amended in paragraph (b)(3) by inserting after “other than a State in which
the licensee’s place of business is located” the following: , or to the
sale or delivery of a handgun to a resident of the District of Columbia by a
licensee whose place of business is located in Maryland or
Virginia,
.
Passed the House of Representatives September 17, 2008.
Lorraine C. Miller,
Clerk
November 18, 2008
Read the second time and placed on the calendar