IV
110th CONGRESS
2d Session
H. RES. 1331
IN THE HOUSE OF REPRESENTATIVES
July 10, 2008
Mr. Souder submitted the following resolution; which was referred to the Committee on Rules
RESOLUTION
Providing for the consideration of the bill (H.R. 1399) to restore Second Amendment rights in the District of Columbia.
That immediately upon the adoption of this resolution the House shall without intervention of any point of order consider in the House the bill (H.R. 1399) to restore Second Amendment rights in the District of Columbia. The amendment printed in section 2 of this resolution shall be considered as adopted. The bill, as amended, shall be considered as read. All points of order against the bill, as amended, are waived. The previous question shall be considered as ordered on the bill, as amended, to final passage without intervening motion except: (1) one hour of debate on the bill equally divided and controlled by the majority leader and the minority leader, or their designees; and (2) one motion to recommit with or without instructions.
The amendment referred to in section 1 is as follows: Strike all after the enacting clause and insert the following:
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 and by public housing leases 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 one of the highest per capita murder rates 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 dc 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; section 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, any governmental or regulatory
authority of the District of Columbia, or any independent authority of the
District government, 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
and its independent authorities shall not have authority to enact or impose
laws, regulations or lease provisions that discourage or eliminate the private
ownership or use of firearms.
.
Repeal dc semiautomatic ban
In General
Section 101(10) of the Firearms Control Regulations Act of 1975 (section 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 can be
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; section 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 (section 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 (section 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 (section
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 (section 7–2502.02 through 7–2502.11, D.C. Official Code) are repealed.
Section 101 (section 7–2501.01, D.C. Official Code) is amended by striking paragraph (13).
Section 401 (section 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 non-commercial
use.
; and
in subsection (b),
by striking which are unregisterable under section 202
and
inserting which are prohibited under section 201
.
Section 402 (section 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)
(section 7–2504.03(b), D.C. Official Code) is amended by striking
registration certificate
and inserting dealer’s
license
.
Section 404(a)(3) (section 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
;
by striking subparagraphs (D) and (E).
Section 406(c) (section 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)
(section 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 (section 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 (section 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 (section 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
Definition of Restricted Pistol Bullet
Section 101(13a) of the Firearms Control Regulations Act of 1975 (section 7–2501.01(13a)) is amended to read as follows:
Restricted pistol
bullet
means—
a projectile or projectile core which may be used in a handgun and which is constructed entirely (excluding the presence of traces of other substances) from one or a combination of tungsten alloys, steel, iron, brass, bronze, beryllium copper, or depleted uranium; or
a full-jacketed projectile larger than .22 caliber designed and intended for use in a handgun and whose jacket has a weight of more than 25 percent of the total weight of the projectile.
The term restricted pistol bullet does not include shotgun shot required by Federal or State environmental or game regulations for hunting purposes, a frangible projectile designed for target shooting, a projectile which the Attorney General of the United States (pursuant to section 921(a)(17) of title 18, United States Code) finds is primarily intended to be used for sporting purposes, or any other projectile or projectile core which the Attorney General finds is intended to be used for industrial purposes, including a charge used in an oil and gas well perforating device.
.
Repeal of Ban
Section 601 of the Firearms Control Regulations Act of 1975 (section 7–2506.01, D.C. Official Code) is amended—
by striking
ammunition
each place it appears (other than paragraph (4)) and
inserting restricted pistol bullets
; and
by striking paragraphs (3) and (4).
Restore right of self defense in the home
Section 702 of the Firearms Control Regulations Act of 1975 (section 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 (section 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; section 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
.
Treatment of Certain Exceptions
Section 5(a) of such Act (47 Stat. 651; section 22–4505(a), D.C. Official Code) is amended—
by striking
pistol
each place it appears and inserting
firearm
; and
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.
.
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.
Repealing strict liability for manufacturers
Section 7–2551, D.C. Official Code, is repealed.
.