H.R. 6842House110th Congress (2007-2009)Passed House

Second Amendment Enforcement Act

Introduced September 9, 2008

Legislative Activity

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SenateCalendars Latest Action

Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 1117 under authority of the order of the Senate of 11/17/2008.

November 18, 2008

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HouseIntro Referral

Introduced in House

September 9, 2008

HouseIntro Referral

Referred to the House Committee on Oversight and Government Reform.

September 9, 2008

HouseCommittee

Committee Consideration and Mark-up Session Held.

September 10, 2008

HouseCommittee

Ordered to be Reported (Amended) by the Yeas and Nays: 21 - 1.

September 10, 2008

HouseCommittee

Reported (Amended) by the Committee on Oversight and Government. H. Rept. 110-843.

September 15, 2008

HouseCalendars

Placed on the Union Calendar, Calendar No. 544.

September 15, 2008

HouseFloor

Rules Committee Resolution H. Res. 1434 Reported to House. Rule provides for consideration of H.R. 6842 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. All points of order against consideration of the bill are waived except those arising under clause 9 or 10 of rule XXI. The amendment recommended by the Committee on Oversight and Government Reform now printed in the bill shall be considered as adopted in the House and in the Committee of the Whole.

September 15, 2008 • 8:56 PM

HouseFloor

Rule H. Res. 1434 passed House.

September 16, 2008 • 4:48 PM

HouseFloor

Considered under the provisions of rule H. Res. 1434. (consideration: CR H8257-8270)

September 16, 2008 • 10:08 PM

HouseFloor

Rule provides for consideration of H.R. 6842 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. All points of order against consideration of the bill are waived except those arising under clause 9 or 10 of rule XXI. The amendment recommended by the Committee on Oversight and Government Reform now printed in the bill shall be considered as adopted in the House and in the Committee of the Whole.

September 16, 2008 • 10:08 PM

HouseFloor

House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 1434 and Rule XVIII.

September 16, 2008 • 10:09 PM

HouseFloor

The Speaker designated the Honorable Charles A. Wilson to act as Chairman of the Committee.

September 16, 2008 • 10:09 PM

HouseFloor

GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 6842.

September 16, 2008 • 10:10 PM

HouseFloor

DEBATE - Pursuant to the provisions of H. Res. 1434, the Committee of the Whole proceeded with one hour of debate on the Childers amendment in the nature of a substitute.

September 16, 2008 • 11:31 PM

HouseFloor

POSTPONED PROCEEDINGS - At the conclusion of debate on the Childers amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Childers demanded a recorded vote and pursuant to the rule, the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced. (consideration: CR 9/16/2008 H8270-8272)

September 17, 2008 • 12:28 AM

HouseFloor

Mr. Davis (IL) moved that the Committee rise.

September 17, 2008 • 12:28 AM

HouseFloor

On motion that the Committee rise Agreed to by voice vote.

September 17, 2008 • 12:29 AM

HouseFloor

Committee of the Whole House on the state of the Union rises leaving H.R. 6842 as unfinished business.

September 17, 2008 • 12:29 AM

HouseFloor

Considered as unfinished business. (consideration: CR H8282-8286)

September 17, 2008 • 10:28 AM

HouseFloor

The House resolved into Committee of the Whole House on the state of the Union for further consideration.

September 17, 2008 • 10:29 AM

HouseFloor

The House rose from the Committee of the Whole House on the state of the Union to report H.R. 6842.

September 17, 2008 • 10:59 AM

HouseFloor

The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union.

September 17, 2008 • 10:59 AM

HouseFloor

Passed/agreed to in House: On passage Passed by recorded vote: 266 - 152, 1 Present (Roll no. 601).

September 17, 2008 • 11:17 AM

HouseFloor

On passage Passed by recorded vote: 266 - 152, 1 Present (Roll no. 601).

September 17, 2008 • 11:17 AM

HouseFloor

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

September 17, 2008 • 11:17 AM

HouseFloor

The title of the measure was amended. Agreed to without objection.

September 17, 2008 • 11:17 AM

SenateCalendars

Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.

September 18, 2008

SenateCalendars

Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 1117 under authority of the order of the Senate of 11/17/2008.

November 18, 2008

Floor Debate

22 members

What members said about H.R. 6842 on the floor

8 Republicans14 Democrats
Mark E. Souder
Rep. Mark E. SouderR-IN-3 · Sep 16, 2008

Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, there are a number of things that are less than normal procedure tonight, and I want to briefly explain what has gone on here.…

Pete Sessions
Rep. Pete SessionsR-TX-32 · Sep 16, 2008

Mr. Speaker, as you might guess, I rise in opposition to this rule, to the underlying legislation, and, I believe, to the entire process that got this bill here today, which I believe represents…

Danny K. Davis
Rep. Danny K. DavisD-IL-7 · Sep 16, 2008

Mr. Chairman, today I rise in strong support of H.R. 6842, the National Capital Security and Safety Act. The bill before us this evening has been crafted with great care and with utmost concern for…

Richard J. Durbin
Sen. Richard J. DurbinD-IL · Sep 25, 2008

Mr. President, reserving the right to object. Mr. President, this is an attempt to write the DC gun laws and to take away the authority of the elected government of the District of Columbia to write…

James P. McGovern
Rep. James P. McGovernD-MA-3 · Sep 16, 2008

Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 1434 and ask for its immediate consideration. Mr. Speaker, for the purpose of debate only, I yield the customary 30…

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Eleanor Holmes Norton
Rep. Eleanor Holmes NortonD-DC · Sep 16, 2008

I thank the gentleman for yielding and for his principled work on the bill. Tonight, just 7 years after the attack on the national capital region, not 7 days after our own tearful commemoration of…

Steny H. Hoyer
Rep. Steny H. HoyerD-MD-5 · Sep 16, 2008

I thank the gentleman and thank him for his leadership, and I rise in strong support of the bill and strong opposition to the amendment that will be offered. Ladies and gentlemen, put this bill in…

Kay Bailey Hutchison
Sen. Kay Bailey HutchisonR-TX · Sep 25, 2008

Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of H.R. 6842, a bill to restore second amendment rights in the District of Columbia. I ask unanimous…

Eleanor Holmes Norton
Rep. Eleanor Holmes NortonD-DC · Sep 16, 2008

I thank the gentleman for yielding. I very much appreciate that the Rules Committee, under the gentleman, has made the Waxman-Norton Home Rule bill in order, and particularly Chairman Waxman for…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Sep 17, 2008

Mr. Chairman, first and foremost, I think it is imperative that we understand that the security and safety of our Nation's capitol should be of vital importance to all Americans, not simply the…

Henry A. Waxman
Rep. Henry A. WaxmanD-CA-30 · Sep 16, 2008

Mr. Chairman, the bill that is before us is a very simple bill. It directs the District of Columbia to comply with the recent Supreme Court decision in the Heller case which held that the second…

Mike Pence
Rep. Mike PenceR-IN-6 · Sep 16, 2008

I thank the distinguished gentleman from Texas for his leadership and for yielding this time. And I rise to oppose this rule. I support the Childers amendment in the form of a substitute. I am left…

Travis Childers
Rep. Travis ChildersD-MS-1 · Sep 16, 2008

Mr. Chairman, I have an amendment in the nature of a substitute at the desk. Mr. Chairman, I yield myself as much time as I may consume. Mr. Chairman, I'm pleased to be here this evening in support…

Show 11 more
John D. Dingell
Rep. John D. DingellD-MI-15 · Sep 16, 2008

Mr. Chairman, I rise to salute the offerer of the amendment. The gentleman from Mississippi has shown extraordinary leadership, courage, and ability, and the body owes him a thanks for his efforts in…

Kay Bailey Hutchison
Sen. Kay Bailey HutchisonR-TX · Sep 25, 2008

Mr. President, I rise to talk about a very important issue, and that is gun rights, the second amendment gun rights for our country. As we are dealing with the financial stabilization program which…

Donna F. Edwards
Rep. Donna F. EdwardsD-MD-4 · Sep 16, 2008

Mr. Speaker, I rise in support of H.R. 6842 and in strong and absolute opposition to the Childers-Souder substitute to the National Capital Security and Safety Act. It's not the place of this…

Thaddeus G. McCotter
Rep. Thaddeus G. McCotterR-MI-11 · Sep 16, 2008

Mr. Speaker, I rise to oppose the rule, and like our previous speaker from Indiana (Mr. Pence), I do support the Childers amendment in the nature of a substitute. But I, too, find it ironic that we…

Edward M. Kennedy
Sen. Edward M. KennedyD-MA · Sep 26, 2008

Mr. President, I strongly oppose H.R. 6842. This bill would be a disastrous blow to gun safety in the District of Columbia. For almost three decades, the District's handgun and assault weapon ban has…

Mike Ross
Rep. Mike RossD-AR-4 · Sep 16, 2008

Mr. Chairman, I rise in support of the Childers amendment to H.R. 6842. Tonight is a historic night. The American people are sick and tired of all of the partisan bickering that goes on up in…

Paul C. Broun
Rep. Paul C. BrounR-GA-10 · Sep 16, 2008

I thank the gentleman for yielding. I was sitting in my office listening to this debate, and it occurred to me there was an interesting experiment done a number of years ago. The City of Morton…

Phil Gingrey
Rep. Phil GingreyR-GA-11 · Sep 16, 2008

Mr. Speaker, I thank the gentleman for yielding. I rise very forcibly in favor of this bill. I think that it is a good rule and a good underlying bill, and I'm proud to support it. I agree with my…

Carolyn McCarthy
Rep. Carolyn McCarthyD-NY-4 · Sep 16, 2008

I thank the gentleman for the time. Mr. Chairman, I rise in opposition to the Childers substitute amendment to H.R. 6842, the National Capitol Security and Safety Act, that would get in the way of…

Chris Van Hollen
Rep. Chris Van HollenD-MD-8 · Sep 16, 2008

I thank my colleague. Mr. Chairman, let's start with something we can all agree on, that the Government of the District of Columbia should pass a local law that conforms to the recent Supreme Court…

Dan Burton
Rep. Dan BurtonR-IN-5 · Sep 16, 2008

I thank the gentleman for yielding. Mr. Chairman, for many years, Washington, D.C. has had the distinction of being the murder capital of America. It's very high as far as crime is concerned, right…

Bill Text

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Placed on Calendar SenateIssued November 18, 2008

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.

1.

Short title

This Act may be cited as the Second Amendment Enforcement Act.

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)

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.

(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 United States for sporting use and for lawful defense of their persons, homes, businesses, 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 affect and disarm law-abiding citizens.

(6)

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.

(7)

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.

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: 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..

4.

Repeal D.C. semiautomatic ban

(a)

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:

(10)

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.

.

(b)

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:

(c)

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.

.

5.

Repeal registration requirement

(a)

Repeal of requirement

(1)

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)..

(2)

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.

.

(3)

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.

(b)

Conforming Amendments to Firearms Control Regulations Act

The Firearms Control Regulations Act of 1975 is amended as follows:

(1)

Sections 202 through 211 (secs. 7–2502.02 through 7–2502.11, D.C. Official Code) are repealed.

(2)

Section 101 (sec. 7—2501.01, D.C. Official Code) is amended by striking paragraph (13).

(3)

Section 401 (sec. 7—2504.01, D.C. Official Code) is amended—

(A)

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

(B)

in subsection (b), by striking which are unregisterable under section 202 and inserting which are prohibited under section 201.

(4)

Section 402 (sec. 7—2504.02, D.C. Official Code) is amended—

(A)

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

(B)

in subsection (b), by amending paragraph (1) to read as follows:

(1)

The applicant’s name;

.

(5)

Section 403(b) (sec. 7—2504.03(b), D.C. Official Code) is amended by striking registration certificate and inserting dealer’s license.

(6)

Section 404(a)(3) (sec. 7—2504.04(a)(3)), D.C. Official Code) is amended—

(A)

in subparagraph (B)(i), by striking registration certificate number (if any) of the firearm,;

(B)

in subparagraph (B)(iv), by striking holding the registration certificate and inserting from whom it was received for repair;

(C)

in subparagraph (C)(i), by striking and registration certificate number (if any) of the firearm;

(D)

in subparagraph (C)(ii), by striking registration certificate number or; and

(E)

by striking subparagraphs (D) and (E).

(7)

Section 406(c) (sec. 7—2504.06(c), D.C. Official Code) is amended to read as follows:

(c)

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—

(1)

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

(2)

lawfully dispose, to himself or to another, any firearms and ammunition in his inventory.

.

(8)

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..

(9)

Section 502 (sec. 7—2505.02, D.C. Official Code) is amended—

(A)

by amending subsection (a) to read as follows:

(a)

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.

;

(B)

by amending subsection (c) to read as follows:

(c)

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.

;

(C)

in subsection (d), by striking paragraphs (2) and (3); and

(D)

by striking subsection (e).

(10)

Section 704 (sec. 7—2507.04, D.C. Official Code) is amended—

(A)

in subsection (a), by striking any registration certificate or and inserting a; and

(B)

in subsection (b), by striking registration certificate,.

(c)

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—

(1)

in subparagraph (A), by striking or ignoring proof of the purchaser’s residence in the District of Columbia; and

(2)

in subparagraph (B), by striking registration and.

6.

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.

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.

8.

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.

9.

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)

Conforming Amendment

Section 5 of such Act (47 Stat. 651; sec. 22—4505, D.C. Official Code) is amended—

(1)

by striking pistol each place it appears and inserting firearm; and

(2)

by striking pistols each place it appears and inserting firearms.

10.

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