[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1288 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 1288

    To restore Second Amendment rights in the District of Columbia.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 14, 2005

 Mr. Souder (for himself, Mr. Ross, Mr. Wicker, Mr. King of Iowa, Mr. 
   Gingrey, Mr. Sessions, Mr. Dingell, Mr. Kennedy of Minnesota, Mr. 
  Shuster, Mr. Wilson of South Carolina, Mr. Kline, Mr. Salazar, Mr. 
Beauprez, Mr. Boozman, Mr. Graves, Mr. Cramer, Mr. Akin, Mr. Matheson, 
 Mr. Dent, Mr. Westmoreland, Mr. Buyer, and Mr. Hostettler) introduced 
 the following bill; which was referred to the Committee on Government 
                                 Reform

_______________________________________________________________________

                                 A BILL


 
    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 
        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) 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.

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: ``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.''.

SEC. 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 can be readily converted or restored to 
        shoot automatically, more than 1 shot 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.''.

SEC. 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 of 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'';
                    (E) in subparagraph (D)(ii), by striking ``or 
                registration number''; and
                    (F) in subparagraph (E), by striking clause (iii) 
                and redesignating clauses (iv) and (v) as clauses (iii) 
                and (iv).
            (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''.

SEC. 6. REPEAL HANDGUN AMMUNITION BAN.

    (a) Definition of Restricted Pistol Bullet.--Section 101(13a) of 
the Firearms Control Regulations Act of 1975 (sec. 7--2501.01(13a)) is 
amended to read as follows:
            ``(13a)(A) `Restricted pistol bullet' means--
                    ``(i) 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
                    ``(ii) 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.
            ``(B) 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.''.
    (b) Repeal of Ban.--Section 601 of the Firearms Control Regulations 
Act of 1975 (sec. 7--2506.01, D.C. Official Code) is amended--
            (1) by striking ``ammunition'' each place it appears (other 
        than paragraph (4)) and inserting ``restricted pistol 
        bullets''; and
            (2) by striking paragraph (3) and redesignating paragraph 
        (4) as paragraph (3).

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. 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. 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) 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.
                                 <all>