[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 160 Engrossed in Senate (ES)]
111th CONGRESS
1st Session
S. 160
_______________________________________________________________________
AN ACT
To provide the District of Columbia a voting seat and the State of Utah
an additional seat in the House of Representatives.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
TITLE I--DISTRICT OF COLUMBIA HOUSE VOTING RIGHTS ACT OF 2009
SECTION 1. SHORT TITLE.
This Act may be cited as the ``District of Columbia House Voting
Rights Act of 2009''.
SEC. 2. TREATMENT OF DISTRICT OF COLUMBIA AS CONGRESSIONAL DISTRICT.
(a) Congressional District and No Senate Representation.--
(1) In general.--Notwithstanding any other provision of
law, the District of Columbia shall be considered a
congressional district for purposes of representation in the
House of Representatives.
(2) No representation provided in senate.--The District of
Columbia shall not be considered a State for purposes of
representation in the United States Senate.
(b) Conforming Amendments Relating to Apportionment of Members of
House of Representatives.--
(1) Inclusion of single district of columbia member in
reapportionment of members among states.--Section 22 of the Act
entitled ``An Act to provide for the fifteenth and subsequent
decennial censuses and to provide for apportionment of
Representatives in Congress'', approved June 28, 1929 (2 U.S.C.
2a), is amended by adding at the end the following new
subsection:
``(d) This section shall apply with respect to the District of
Columbia in the same manner as this section applies to a State, except
that the District of Columbia may not receive more than one Member
under any reapportionment of Members.''.
(2) Clarification of determination of number of
presidential electors on basis of 23rd amendment.--Section 3 of
title 3, United States Code, is amended by striking ``come into
office;'' and inserting ``come into office (subject to the
twenty-third article of amendment to the Constitution of the
United States in the case of the District of Columbia);''.
SEC. 3. INCREASE IN MEMBERSHIP OF HOUSE OF REPRESENTATIVES.
(a) Permanent Increase in Number of Members.--Effective with
respect to the 112th Congress, or the first Congress sworn in after the
implementation of this Act, and each succeeding Congress, the House of
Representatives shall be composed of 437 Members, including the Member
representing the District of Columbia pursuant to section 2(a).
(b) Reapportionment of Members Resulting From Increase.--
(1) In general.--Section 22(a) of the Act entitled ``An Act
to provide for the fifteenth and subsequent decennial censuses
and to provide for apportionment of Representatives in
Congress'', approved June 28, 1929 (2 U.S.C. 2a(a)), is amended
by striking ``the then existing number of Representatives'' and
inserting ``the number of Representatives established with
respect to the 112th Congress, or the first Congress sworn in
after implementation of the District of Columbia House Voting
Rights Act of 2009''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply with respect to the regular decennial census
conducted for 2010 and each subsequent regular decennial
census.
(c) Transmittal of Revised Apportionment Information by
President.--
(1) Statement of apportionment by president.--Not later
than 30 days after the date of the enactment of this Act, the
President shall transmit to Congress a revised version of the
most recent statement of apportionment submitted under section
22 of the Act entitled ``An Act to provide for the fifteenth
and subsequent decennial censuses and to provide for
apportionment of Representatives in Congress'', approved June
28, 1929 (2 U.S.C. 2a), to take into account this Act and the
amendments made by this Act. The statement shall reflect that
the District of Columbia is entitled to one Representative and
shall identify the other State entitled to one representative
under this section. Pursuant to section 22 of the Act entitled
``An Act to provide for the fifteenth and subsequent decennial
censuses and to provide for apportionment of Representatives in
Congress'', approved June 28, 1929 (2 U.S.C. 2a), as amended by
this Act, and the regular decennial census conducted for 2000,
the State entitled to the one additional representative is
Utah.
(2) Report by clerk.--Not later than 15 calendar days after
receiving the revised version of the statement of apportionment
under paragraph (1), the Clerk of the House of Representatives
shall submit a report to the Speaker of the House of
Representatives indicating that the District of Columbia is
entitled to one Representative and identifying the State which
is entitled to one additional Representative pursuant to this
section. Pursuant to section 22 of the Act entitled ``An Act to
provide for the fifteenth and subsequent decennial censuses and
to provide for apportionment of Representatives in Congress'',
approved June 28, 1929 (2 U.S.C. 2a), as amended by this Act,
and the regular decennial census conducted for 2000, the State
entitled to the one additional representative is Utah.
(3) Additional statements and reports.--
(A) In general.--Subject to subparagraph (B) and
following the revised statement of apportionment and
subsequent report under paragraphs (1) and (2), the
Statement of Apportionment by the President and
subsequent reports by the Clerk of the House of
Representatives shall continue to be issued at the
intervals and pursuant to the methodology specified
under section 22 of the Act entitled ``An Act to
provide for the fifteenth and subsequent decennial
censuses and to provide for apportionment of
Representatives in Congress'', approved June 28, 1929
(2 U.S.C. 2a), as amended by this Act.
(B) Failure to complete.--In the event that the
revised statement of apportionment and subsequent
report under paragraphs (1) and (2) can not be
completed prior to the issuance of the regular
statement of apportionment and subsequent report under
section 22 of the Act entitled ``An Act to provide for
the fifteenth and subsequent decennial censuses and to
provide for apportionment of Representatives in
Congress'', approved June 28, 1929 (2 U.S.C. 2a), as
amended by this Act, the President and Clerk may
disregard paragraphs (1) and (2).
SEC. 4. UTAH REDISTRICTING PLAN.
The general election for the additional Representative to which the
State of Utah is entitled for the 112th Congress, pursuant to section
3(c), shall be elected pursuant to a redistricting plan enacted by the
State, such as the plan the State of Utah signed into law on December
5, 2006, which--
(1) revises the boundaries of congressional districts in
the State to take into account the additional Representative to
which the State is entitled under section 3; and
(2) remains in effect until the taking effect of the first
reapportionment occurring after the regular decennial census
conducted for 2010.
SEC. 5. EFFECTIVE DATE.
The additional Representative other than the Representative from
the District of Columbia, pursuant to section 3(c), and the
Representative from the District of Columbia shall be sworn in and
seated as Members of the House of Representatives on the same date as
other Members of the 112th Congress or the first Congress sworn in
after implementation of this Act.
SEC. 6. CONFORMING AMENDMENTS.
(a) Repeal of Office of District of Columbia Delegate.--
(1) Repeal of office.--
(A) In general.--Sections 202 and 204 of the
District of Columbia Delegate Act (Public Law 91-405;
sections 1-401 and 1-402, D.C. Official Code) are
repealed, and the provisions of law amended or repealed
by such sections are restored or revived as if such
sections had not been enacted.
(B) Effective date.--The amendments made by this
subsection shall take effect on the date on which a
Representative from the District of Columbia takes
office.
(2) Conforming amendments to district of columbia elections
code of 1955.--The District of Columbia Elections Code of 1955
is amended as follows:
(A) In section 1 (sec. 1-1001.01, D.C. Official
Code), by striking ``the Delegate to the House of
Representatives,'' and inserting ``the Representative
in Congress,''.
(B) In section 2 (sec. 1-1001.02, D.C. Official
Code)--
(i) by striking paragraph (6); and
(ii) in paragraph (13), by striking ``the
Delegate to Congress for the District of
Columbia,'' and inserting ``the Representative
in Congress,''.
(C) In section 8 (sec. 1-1001.08, D.C. Official
Code)--
(i) in the heading, by striking
``Delegate'' and inserting ``Representative'';
and
(ii) by striking ``Delegate,'' each place
it appears in subsections (h)(1)(A), (i)(1),
and (j)(1) and inserting ``Representative in
Congress,''.
(D) In section 10 (sec. 1-1001.10, D.C. Official
Code)--
(i) in subsection (a)(3)(A)--
(I) by striking ``or section 206(a)
of the District of Columbia Delegate
Act''; and
(II) by striking ``the office of
Delegate to the House of
Representatives'' and inserting ``the
office of Representative in Congress'';
(ii) in subsection (d)(1), by striking
``Delegate,'' each place it appears; and
(iii) in subsection (d)(2)--
(I) by striking ``(A) In the
event'' and all that follows through
``term of office,'' and inserting ``In
the event that a vacancy occurs in the
office of Representative in Congress
before May 1 of the last year of the
Representative's term of office,''; and
(II) by striking subparagraph (B).
(E) In section 11(a)(2) (sec. 1-1001.11(a)(2), D.C.
Official Code), by striking ``Delegate to the House of
Representatives,'' and inserting ``Representative in
Congress,''.
(F) In section 15(b) (sec. 1-1001.15(b), D.C.
Official Code), by striking ``Delegate,'' and inserting
``Representative in Congress,''.
(G) In section 17(a) (sec. 1-1001.17(a), D.C.
Official Code), by striking ``the Delegate to Congress
from the District of Columbia'' and inserting ``the
Representative in Congress''.
(b) Repeal of Office of Statehood Representative.--
(1) In general.--Section 4 of the District of Columbia
Statehood Constitutional Convention Initiative of 1979 (sec. 1-
123, D.C. Official Code) is amended as follows:
(A) By striking ``offices of Senator and
Representative'' each place it appears in subsection
(d) and inserting ``office of Senator''.
(B) In subsection (d)(2)--
(i) by striking ``a Representative or'';
(ii) by striking ``the Representative or'';
and
(iii) by striking ``Representative shall be
elected for a 2-year term and each''.
(C) In subsection (d)(3)(A), by striking ``and 1
United States Representative''.
(D) By striking ``Representative or'' each place it
appears in subsections (e), (f), (g), and (h).
(E) By striking ``Representative's or'' each place
it appears in subsections (g) and (h).
(2) Conforming amendments.--
(A) Statehood commission.--Section 6 of such
Initiative (sec. 1-125, D.C. Official Code) is
amended--
(i) in subsection (a)--
(I) by striking ``27 voting
members'' and inserting ``26 voting
members'';
(II) by adding ``and'' at the end
of paragraph (5); and
(III) by striking paragraph (6) and
redesignating paragraph (7) as
paragraph (6); and
(ii) in subsection (a-1)(1), by striking
subparagraph (H).
(B) Authorization of appropriations.--Section 8 of
such Initiative (sec. 1-127, D.C. Official Code) is
amended by striking ``and House''.
(C) Application of honoraria limitations.--Section
4 of D.C. Law 8-135 (sec. 1-131, D.C. Official Code) is
amended by striking ``or Representative'' each place it
appears.
(D) Application of campaign finance laws.--Section
3 of the Statehood Convention Procedural Amendments Act
of 1982 (sec. 1-135, D.C. Official Code) is amended by
striking ``and United States Representative''.
(E) District of columbia elections code of 1955.--
The District of Columbia Elections Code of 1955 is
amended--
(i) in section 2(13) (sec. 1-1001.02(13),
D.C. Official Code), by striking ``United
States Senator and Representative,'' and
inserting ``United States Senator,''; and
(ii) in section 10(d) (sec. 1-
1001.10(d)(3), D.C. Official Code), by striking
``United States Representative or''.
(3) Effective date.--The amendments made by this subsection
shall take effect on the date on which a Representative from
the District of Columbia takes office.
(c) Conforming Amendments Regarding Appointments to Service
Academies.--
(1) United states military academy.--Section 4342 of title
10, United States Code, is amended--
(A) in subsection (a), by striking paragraph (5);
and
(B) in subsection (f), by striking ``the District
of Columbia,''.
(2) United states naval academy.--Such title is amended--
(A) in section 6954(a), by striking paragraph (5);
and
(B) in section 6958(b), by striking ``the District
of Columbia,''.
(3) United states air force academy.--Section 9342 of title
10, United States Code, is amended--
(A) in subsection (a), by striking paragraph (5);
and
(B) in subsection (f), by striking ``the District
of Columbia,''.
(4) Effective date.--This subsection and the amendments
made by this subsection shall take effect on the date on which
a Representative from the District of Columbia takes office.
SEC. 7. NONSEVERABILITY OF PROVISIONS AND NONAPPLICABILITY.
(a) Nonseverability.--If any provision of section 2(a)(1), 2(b)(1),
or 3 or any amendment made by those sections is declared or held
invalid or unenforceable by a court of competent jurisdiction, the
remaining provisions of this Act or any amendment made by this Act
shall be treated and deemed invalid and shall have no force or effect
of law.
(b) Nonapplicability.--Nothing in the Act shall be construed to
affect the first reapportionment occurring after the regular decennial
census conducted for 2010 if this Act has not taken effect.
SEC. 8. JUDICIAL REVIEW.
(a) Special Rules for Actions Brought on Constitutional Grounds.--
If any action is brought to challenge the constitutionality of any
provision of this Act or any amendment made by this Act, the following
rules shall apply:
(1) The action shall be filed in the United States District
Court for the District of Columbia and shall be heard by a 3-
judge court convened pursuant to section 2284 of title 28,
United States Code.
(2) A copy of the complaint shall be delivered promptly to
the Clerk of the House of Representatives and the Secretary of
the Senate.
(3) A final decision in the action shall be reviewable only
by appeal directly to the Supreme Court of the United States.
Such appeal shall be taken by the filing of a notice of appeal
within 10 days, and the filing of a jurisdictional statement
within 30 days, of the entry of the final decision.
(4) It shall be the duty of the United States District
Court for the District of Columbia and the Supreme Court of the
United States to advance on the docket and to expedite to the
greatest possible extent the disposition of the action and
appeal.
(b) Intervention by Members of Congress.--
(1) In general.--In any action in which the
constitutionality of any provision of this Act or any amendment
made by this Act is challenged (including an action described
in subsection (a)), any member of the House of Representatives
(including a Delegate or Resident Commissioner to the Congress)
or the Senate shall have the right to intervene or file legal
pleadings or briefs either in support of or opposition to the
position of a party to the case regarding the constitutionality
of the provision or amendment.
(2) Court efficiency.--To avoid duplication of efforts and
reduce the burdens placed on the parties to the action, the
court in any action described in paragraph (1) may make such
orders as it considers necessary, including orders to require
intervenors taking similar positions to file joint papers or to
be represented by a single attorney at oral argument.
(c) Challenge by Members of Congress.--Any Member of Congress may
bring an action, subject to the special rules described in subsection
(a), to challenge the constitutionality of any provision of this Act or
any amendment made by this Act.
SEC. 9. FCC AUTHORITIES.
(a) Clarification of General Powers.--Title III of the
Communications Act of 1934 is amended by inserting after section 303
(47 U.S.C. 303) the following new section:
``SEC. 303B. CLARIFICATION OF GENERAL POWERS.
``(a) Certain Affirmative Actions Required.--The Commission shall
take actions to encourage and promote diversity in communication media
ownership and to ensure that broadcast station licenses are used in the
public interest.
``(b) Construction.--Nothing in section 303A shall be construed to
limit the authority of the Commission regarding matters unrelated to a
requirement that broadcasters present or ascertain opposing viewpoints
on issues of public importance.''.
(b) Severability.--Notwithstanding section 7(a), if any provision
of section 2(a)(1), 2(b)(1), or 3 or any amendment made by those
sections is declared or held invalid or unenforceable by a court of
competent jurisdiction, the amendment made by subsection (a) and the
application of such amendment to any other person or circumstance shall
not be affected by such holding.
SEC. 10. FAIRNESS DOCTRINE PROHIBITED.
(a) Limitation on General Powers: Fairness Doctrine.--Title III of
the Communications Act of 1934 is amended by inserting after section
303 (47 U.S.C. 303) the following new section:
``SEC. 303A. LIMITATION ON GENERAL POWERS: FAIRNESS DOCTRINE.
``Notwithstanding section 303 or any other provision of this Act or
any other Act authorizing the Commission to prescribe rules,
regulations, policies, doctrines, standards, guidelines, or other
requirements, the Commission shall not have the authority to prescribe
any rule, regulation, policy, doctrine, standard, guideline, or other
requirement that has the purpose or effect of reinstating or
repromulgating (in whole or in part)--
``(1) the requirement that broadcasters present or
ascertain opposing viewpoints on issues of public importance,
commonly referred to as the `Fairness Doctrine', as repealed in
In re Complaint of Syracuse Peace Council against Television
Station WTVH, Syracuse New York, 2 FCC Rcd. 5043 (1987); or
``(2) any similar requirement that broadcasters meet
programming quotas or guidelines for issues of public
importance.''.
(b) Severability.--Notwithstanding section 7(a), if any provision
of section 2(a)(1), 2(b)(1), or 3 or any amendment made by those
sections is declared or held invalid or unenforceable by a court of
competent jurisdiction, the amendment made by subsection (a) and the
application of such amendment to any other person or circumstance shall
not be affected by such holding.
TITLE II--SECOND AMENDMENT ENFORCEMENT ACT
SEC. 201. SHORT TITLE.
This title may be cited as the ``Second Amendment Enforcement
Act''.
SEC. 202. 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 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) 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. 203. 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. Nothing in the
previous two sentences shall be construed to prohibit the District of
Columbia from regulating or prohibiting 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.''.
SEC. 204. 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 may 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; 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. 205. 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 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) (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''; and
(E) by striking subparagraphs (D) and (E).
(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(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. 206. 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''.
SEC. 207. 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. 208. 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. 209. 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) Conforming Amendment.--Section 5 of such Act (47 Stat. 651;
sec. 22-4505, D.C. Official Code) is amended--
(1) by striking ``pistol'' each place it appears and
inserting ``firearm''; and
(2) by striking ``pistols'' each place it appears and
inserting ``firearms''.
SEC. 210. AUTHORIZING PURCHASES OF FIREARMS BY DISTRICT RESIDENTS.
Section 922 of title 18, United States Code, is amended in
paragraph (b)(3) by inserting after ``other than a State in which the
licensee's place of business is located'' the following: ``, or to the
sale or delivery of a handgun to a resident of the District of Columbia
by a licensee whose place of business is located in Maryland or
Virginia,''.
SEC. 211. REPEALS OF DISTRICT OF COLUMBIA ACTS.
The Firearms Registration Amendment Act of 2008 and the Firearms
Registration Emergency Amendment Act of 2008, as passed by the District
of Columbia, are repealed.
SEC. 212. 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, this title and amendments made by this title, and the
application of such provision or amendment to other persons or
circumstances shall not be affected thereby.
Passed the Senate February 26, 2009.
Attest:
Secretary.
111th CONGRESS
1st Session
S. 160
_______________________________________________________________________
AN ACT
To provide the District of Columbia a voting seat and the State of Utah
an additional seat in the House of Representatives.