[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 496 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 496

 To amend title 18, United States Code, to prohibit the carrying of a 
  firearm near a place where a senior Federal official is holding an 
 official public event or carrying out an official or representational 
 duty, or where any person is campaigning for Federal elective office.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 26, 2011

 Mr. King of New York (for himself, Mr. Bishop of New York, Mr. Engel, 
   Mr. Rangel, and Ms. Chu) introduced the following bill; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend title 18, United States Code, to prohibit the carrying of a 
  firearm near a place where a senior Federal official is holding an 
 official public event or carrying out an official or representational 
 duty, or where any person is campaigning for Federal elective office.

    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 ``Securing Citizens' Protection at 
Federal Events Act''.

SEC. 2. PROHIBITION ON CARRYING FIREARM NEAR A PLACE WHERE A SENIOR 
              FEDERAL OFFICIAL IS HOLDING AN OFFICIAL PUBLIC EVENT OR 
              CARRYING OUT AN OFFICIAL OR REPRESENTATIONAL DUTY, OR 
              WHERE ANY PERSON IS CAMPAIGNING FOR FEDERAL ELECTIVE 
              OFFICE.

    (a) Prohibition.--Section 922 of title 18, United States Code, is 
amended by adding at the end the following:
    ``(aa)(1) Except as provided in paragraph (2), it shall be unlawful 
for any person, in or affecting interstate or foreign commerce, to 
knowingly carry a firearm at a place which the person knows is a 
restricted firearms zone.
    ``(2) In a prosecution for an alleged violation of paragraph (1), 
it shall be an affirmative defense, which may be established by a 
preponderance of the evidence, that, at the time of the alleged 
violation--
            ``(A) the person was a law enforcement officer (whether on- 
        or off-duty) authorized to carry a firearm in the line of duty; 
        or
            ``(B) the person was carrying the firearm pursuant to the 
        permission of a law enforcement officer;
            ``(C) the person was a designated Federal protectee;
            ``(D) the person had the permission of a designated Federal 
        protectee in the restricted firearms zone to carry a firearm in 
        the zone while the place that constitutes the zone is treated 
        as such for purposes of this subsection;
            ``(E) the person was carrying the firearm only on the 
        premises of a business in which the person is employed and 
        authorized by the employer to carry the firearm;
            ``(F) the person was carrying the firearm only on real 
        property owned or rented by the person;
            ``(G) the person was a qualified retired law enforcement 
        officer (as defined in section 926C(c)) carrying the 
        identification required by section 926C(d)); or
            ``(H)(i) the firearm possessed by the person was unloaded, 
        and was in a locked container or otherwise not readily 
        accessible for use; and
            ``(ii) any ammunition possessed by the person for the 
        firearm was in a locked container separate from the firearm.
    ``(3) Violations of this subsection shall be investigated by the 
Federal Bureau of Investigation. Assistance may be requested from any 
Federal, State, or local agency, any statute, rule, or regulation to 
the contrary (other than section 374 or 375 of title 10, or section 
1385 of this title) notwithstanding.''.
    (b) Definitions.--Section 921(a) of such title is amended by adding 
at the end the following:
    ``(36)(A) The term `restricted firearms zone' means within 1,000 
feet of the exterior of any building or structure in which, or at any 
other fixed place where--
            ``(i) a senior Federal official is, within 30 minutes will 
        be, or within the past 30 minutes was--
                    ``(I) holding an official event that is open to the 
                public; or
                    ``(II) carrying out an official or representational 
                duty; or
            ``(ii) a designated Federal protectee is, within 30 minutes 
        will be, or within the past 30 minutes was engaging in campaign 
        activity as a candidate for election for Federal office for 
        purposes of the Federal Election Campaign Act of 1971.
    ``(B) In subparagraph (A), the term `designated Federal protectee' 
means a senior Federal official, or an individual who is a candidate 
for election for Federal office for purposes of the Federal Election 
Campaign Act of 1971.
    ``(C) In this paragraph, the term `senior Federal official' means 
an individual who is the President of the United States, the President-
elect, the Vice President, or, if there is no Vice President, the 
officer next in the order of succession to the Office of the President 
of the United States, the Vice President-elect, any person who is 
acting as President under the Constitution and laws of the United 
States, a Member of Congress, a Member-of-Congress-elect, a member of 
the executive branch of the Government who is the head of a department 
listed in section 101 of title 5, the Director of Central Intelligence, 
a judge or justice of the Supreme Court or of any court created by Act 
of Congress (other than a magistrate judge appointed under section 631 
of title 28, United States Code), an individual nominated for any of 
the foregoing positions, during the pendency of the nomination.
    ``(D) In subparagraph (C), the terms `President-elect' and `Vice-
President-elect' mean such persons as are the apparent successful 
candidates for the offices of President and Vice President, 
respectively, as ascertained from the results of the general elections 
held to determine the electors of President and Vice President in 
accordance with sections 1 and 2 of title 3.''.
    (c) Penalties.--Section 924(a) of such title is amended by adding 
at the end the following:
    ``(8) Whoever knowingly violates section 922(aa) shall be fined 
under this title, imprisoned not more than 10 years, or both.''.
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