[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1082 Introduced in Senate (IS)]
109th CONGRESS
1st Session
S. 1082
To restore Second Amendment rights in the District of Columbia.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 19, 2005
Mrs. Hutchison (for herself, Mr. Allard, Mr. Allen, Mr. Baucus, Mr.
Bond, Mr. Bunning, Mr. Burns, Mr. Burr, Mr. Chambliss, Mr. Coburn, Mr.
Cornyn, Mr. Craig, Mr. Crapo, Mr. Ensign, Mr. Enzi, Mr. Hagel, Mr.
Hatch, Mr. Inhofe, Mr. Isakson, Mr. Kyl, Mr. Lott, Ms. Murkowski, Mr.
Nelson of Nebraska, Mr. Sessions, Mr. Sununu, Mr. Talent, Mr. Thune,
Mr. Vitter, Mr. Shelby, Mr. DeMint, and Mr. Thomas) introduced the
following bill; which was read twice and referred to the Committee on
Homeland Security and Governmental Affairs
_______________________________________________________________________
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 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.
(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; 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, 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 (section 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;
section 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 (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).''.
(2) 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:
``(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 (section 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 (section 7-2502.02 through 7-
2502.11, D.C. Official Code) are repealed.
(2) Section 101 (section 7-2501.01, D.C. Official Code) is
amended by striking paragraph (13).
(3) Section 401 (section 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 (section 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) (section 7-2504.03(b), D.C. Official
Code) is amended by striking ``registration certificate'' and
inserting ``dealer's license''.
(6) Section 404(a)(3) (section 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) (section 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) (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.''.
(9) Section 502 (section 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 (section 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 (section 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 (section 7-2501.01(13a))
is amended to read as follows:
``(13)(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 (section 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
(section 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 (section 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; section 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; section 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.
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