[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 1331 Introduced in House (IH)]







110th CONGRESS
  2d Session
H. RES. 1331

  Providing for the consideration of the bill (H.R. 1399) to restore 
          Second Amendment rights in the District of Columbia.


_______________________________________________________________________


                    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.

    Resolved, 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.
    Sec. 2.  The amendment referred to in section 1 is as follows: 
Strike all after the enacting clause and insert the following:

``SEC. 1. SHORT TITLE.

    ``This Act may be cited as the `Second Amendment Enforcement 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) 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 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.
            ``(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) 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.

``SEC. 3. 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.'.

``SEC. 4. REPEAL DC 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 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; 
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 non-commercial use.'; 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 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) (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) by striking subparagraphs (D) and (E).
            ``(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 paragraphs (3) and (4).

``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.

``SEC. 10. REPEALING STRICT LIABILITY FOR MANUFACTURERS.

    ``Section 7-2551, D.C. Official Code, is repealed.''.
                                 <all>