I
112th CONGRESS
1st Session
H. R. 645
IN THE HOUSE OF REPRESENTATIVES
February 10, 2011
Mr. Ross of Arkansas (for himself and Mr. Jordan) introduced the following bill; which was referred to the Committee on Oversight and Government Reform
A BILL
To restore Second Amendment rights in the District of Columbia.
Short title
This title may be cited as the
Second Amendment Enforcement
Act
.
Congressional findings
Congress finds the following:
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 among 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.
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,
transporting for legitimate purposes, 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 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
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 can be readily restored to
shoot, automatically more than one shot, without manual reloading, by a single
function of the trigger. The term ‘machine gun’ shall also include the frame or
receiver of any such firearm, any part designed and intended solely and
exclusively, or combination of parts designed and intended, for use in
converting a firearm 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.
.
Repeal registration requirement and authorize ammunition sales
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.
;
in subsection (b), by adding at the end the following new paragraph:
Ammunition, excluding restricted pistol bullets, to any person not otherwise prohibited from possessing or receiving ammunition.
;
by amending subsection (c) to read as follows:
Any dealer licensed under the provisions of this Act 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 the case of a sale or transfer of a handgun to a resident of the District of Columbia, a federally licensed importer, manufacturer, or dealer of firearms in Maryland or Virginia shall be treated as a dealer licensed under the provisions of this Act for purposes of the previous sentence, notwithstanding section 922(b)(3) of title 18, United States Code, if the transferee meets in person with the transferor to accomplish the transfer, and the sale, delivery, and receipt fully comply with the legal conditions of sale in both the District of Columbia and the jurisdiction in which the transfer occurs.
;
by striking subsection (d); 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(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 amended to read as follows:
Penalties for Allowing Access of Minors to Loaded Firearms if Injury Results
In General
A person in the District of Columbia is guilty of unlawful storage of a firearm if—
the person knowingly stores or leaves a loaded firearm at any premises under the person’s control;
the person knows or reasonably should know that a minor is likely to gain access to the firearm without the permission of the minor’s parent or legal guardian; and
the minor kills or injures any person (including the minor) by discharging the firearm.
Exceptions
This section does not apply if—
the firearm was stored in a securely locked container and the person did not inform the minor of the location of the key to, or the combination of, the container’s lock;
the firearm was secured by a trigger lock and the person did not inform the minor of the location of the key to, or the combination of, the trigger lock;
the firearm was stored on the person’s body or in such proximity to the person that it could be used as quickly and as easily as if it were on the person’s body;
the minor’s access to the firearm was a result of an unlawful entry;
when discharging the firearm, the minor was acting in lawful self-defense or in defense of another;
when discharging the firearm, the minor was engaged in hunting or target or sport shooting under the supervision of the minor’s parent or guardian, or under the supervision of another person over the age of 18 with the parent’s or guardian’s consent; or
the firearm is in the possession or control of a law enforcement officer while the officer is engaged in official duties.
Minor Defined
In this section, the term minor means an individual under 16 years of age.
Penalty
A person who violates this section shall be subject to a fine not exceeding $1,000, a term of imprisonment not exceeding one year, or both.
Special Rule if Victim of Shooting is Child of Person Committing Violation
If a violation of this section leads to the accidental shooting of a minor who is the child of the person who committed the violation, the United States attorney shall consider both the extent of the minor’s injuries and the effect of the minor’s injury or death on both of the minor’s parents when deciding whether to file charges under this section. No prosecution shall be brought in such circumstances unless the person who committed the violation behaved in a grossly negligent manner, or unless similarly egregious circumstances exist.
.
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 paragraph (2) and redesignating paragraph (3) as paragraph (2).
Effective date
The amendment 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.
Regulating Inoperable Pistols and Harmonizing Definitions for Certain Types of Firearms
Section 1 of the Act of July 8, 1932 (sec. 22–4501, D.C. Official Code), is amended as follows:
Insert after paragraph (2) the following new paragraph:
Firearm
means any weapon,
regardless of operability, which will, or is designed or redesigned, made or
remade, readily converted, restored, or repaired, or is intended to, expel a
projectile or projectiles by the action of an explosive. Such term does not
include—
a destructive device, as defined in section 101(7) of the Firearms Control Regulations Act of 1975;
a device used exclusively for line throwing, signaling, or safety, and required or recommended by the Coast Guard or Interstate Commerce Commission; or
a device used exclusively for firing explosive rivets, stud cartridges, or similar industrial ammunition and incapable for use as a weapon.
.
Amend paragraph (4) to read as follows:
Machine
gun
has the meaning given such term in section 101(10) of the Firearms
Control Regulations Act of
1975.
.
Amend paragraph (6) to read as follows:
Pistol
has the meaning given such term in section 101(12) of the Firearms Control
Regulations Act of
1975.
.
Insert after paragraph (6) the following new paragraph:
Place of
business
has the meaning given such term in section 101(12A) of the
Firearms Control Regulations Act of
1975.
.
Amend paragraph (8) to read as follows:
Sawed-off
shotgun
has the meaning given such term in section 101(15) of the
Firearms Control Regulations Act of
1975.
.
Insert after paragraph (9) the following new paragraph:
Shotgun
has the meaning given such term in section 101(16) of the Firearms Control
Regulations Act of
1975.
.
Prohibitions of Firearms From Private and Sensitive Public Property
The Act of July 8, 1932 (sec. 22–4501 et seq., D.C. Official Code), is amended by inserting after section 3 the following new section:
Prohibitions of Firearms From Private and Sensitive Public Property
Private persons or entities owning property in the District of Columbia may prohibit or restrict the possession of firearms on their property by any persons, other than law enforcement personnel when lawfully authorized to enter onto the property or lessees occupying residential or business premises.
The District of Columbia may prohibit or restrict the possession of firearms within any building or structure under its control, or in any area of such building or structure, which has implemented security measures (including but not limited to guard posts, metal detection devices, x-ray or other scanning devices, or card-based or biometric access devices) to identify and exclude unauthorized or hazardous persons or articles, except that no such prohibition or restriction may apply to lessees occupying residential or business premises.
.
Regulating the Carrying of Firearms
Carrying Rifles or Shotguns
Section 4 of the Act of July 8, 1932 (sec. 22–4504, D.C. Official Code), is amended by inserting after subsection (a) the following new subsection:
Except as otherwise permitted by law, no person shall carry within the District of Columbia a rifle or shotgun. A person who violates this subsection shall be subject, as applicable, to the criminal penalties set forth in section 15 and paragraph (2) of subsection (a).
.
Authority To Carry Firearm in Certain Places and for Certain Purposes; Lawful Transportation of Firearms
The Act of July 8, 1932 (sec. 22–4501 et seq., D.C. Official Code), is amended by inserting after section 4 the following new sections:
Authority to Carry Firearm in Certain Places and for Certain Purposes
Notwithstanding any other law, a person not otherwise prohibited by law from shipping, transporting, possessing, or receiving a firearm may carry such firearm, whether loaded or unloaded—
in the person’s dwelling house or place of business or on land owned or lawfully possessed by the person;
by invitation on land owned or lawfully possessed by another;
while it is being used for lawful recreational, sporting, educational, or training purposes; or
while it is being transported for a lawful purpose as expressly authorized by District or Federal law and in accordance with the requirements of that law.
Lawful Transportation of Firearms
Any person who is not otherwise prohibited by law from shipping, transporting, possessing, or receiving a firearm shall be permitted to transport a firearm for any lawful purpose from any place where he may lawfully possess the firearm to any other place where he may lawfully possess the firearm if the firearm is transported in accordance with this section.
If the transportation of the firearm is by a vehicle, the firearm shall be unloaded, and neither the firearm nor any ammunition being transported shall be readily accessible or directly accessible from the passenger compartment of the transporting vehicle.
If the transporting vehicle does not have a compartment separate from the driver's compartment, the firearm or ammunition shall be contained in a locked container other than the glove compartment or console, and the firearm shall be unloaded.
If the transportation of the firearm is in a manner other than in a vehicle, the firearm shall be—
unloaded;
inside a locked container; and
separate from any ammunition.
.
Exceptions to Restrictions on Carrying Concealed Weapons
Section 5 of such Act (sec. 22–4505, D.C. Official Code) is amended—
in subsection (a),
by striking pistol unloaded and in a secure wrapper from
and
inserting firearm, transported in accordance with section 4b,
from
; and
in subsection (a),
by striking pistol
each place it appears and inserting
firearm
.
Including Toy and Antique Pistols in Prohibition Against Using an Imitation Firearm to Commit a Violent or Dangerous Crime
Section 13 of the Act of July 8, 1932 (sec. 22–4513, D.C. Official Code), is amended by striking “section 2 and section 14(b)” and inserting “sections 2, 4(b), and 14(b)”.
Providing Jurisdiction to Office of Administrative Hearings to Hear Cases Pertaining to Denial or Revocation of Firearm Dealer Licenses
Section 6 of the Office of Administrative Hearings Establishment Act of 2001 (D.C. Law 14–76; sec. 2–1831.03, D.C. Official Code) is amended by inserting after subsection (b-1) the following new subsection:
In addition to those adjudicated cases listed in subsections (a), (b), and (b-1), this Act shall apply to all adjudicated cases involving the denial or revocation of a dealer license pursuant to section 406 of the Firearms Control Regulations Act of 1975.
.
Repeals of District of Columbia Acts
Effective on the day before the date of the enactment of this Act, the Firearms Registration Amendment Act of 2008 (D.C. Law 17–372) and the Inoperable Pistol Amendment Act of 2008 (D.C. Law 17–388) are repealed, and any provision of law amended or repealed by either of such Acts is restored or revived as if such Acts had not been enacted into law.
Severability
Notwithstanding any other provision of this Act, if any provision of this Act, or any amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the other provisions of this Act and any other amendments made by this Act, and the application of such provision or amendment to other persons or circumstances, shall not be affected thereby.