[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.