[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2359 Placed on Calendar Senate (PCS)]

<DOC>





                                                       Calendar No. 314
114th CONGRESS
  1st Session
                                S. 2359

    To restore Second Amendment rights in the District of Columbia.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            December 3, 2015

 Mr. Paul introduced the following bill; which was read the first time

                            December 7, 2015

            Read the second time and placed on the calendar

_______________________________________________________________________

                                 A BILL


 
    To restore Second Amendment rights in the District of Columbia.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Defend Our Capital 
Act of 2015''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Recognizing the right of law-abiding individuals to carry and 
                            transport firearms for legitimate purposes.
Sec. 3. Reciprocity for the carrying of certain concealed firearms.
Sec. 4. Firearms permitted on Department of Defense property.
Sec. 5. Lawful possession of firearms on military installations by 
                            members of the Armed Forces.
Sec. 6. Carrying of concealed firearms by qualified members of the 
                            Armed Forces.
Sec. 7. Reforming D.C. Council's authority to restrict firearms.
Sec. 8. Repeal of D.C. semiautomatic ban.
Sec. 9. Repeal of registration requirement and authorization of 
                            ammunition sales.
Sec. 10. Repeal of redundant dealer licensing requirement and provision 
                            for the lawful sale of firearms by 
                            federally licensed dealers.
Sec. 11. Harmonization of D.C. law and Federal law regarding the 
                            possession of ammunition and ammunition 
                            feeding devices.
Sec. 12. Restoration of right of self defense in the home.
Sec. 13. Removal of criminal penalties for possession of unregistered 
                            firearms and certain ammunition.
Sec. 14. Regulating inoperable pistols and harmonizing definitions for 
                            certain types of firearms.
Sec. 15. Prohibitions of firearms from private and sensitive public 
                            property.
Sec. 16. Including toy and antique pistols in prohibition against using 
                            an imitation firearm to commit a violent or 
                            dangerous crime.
Sec. 17. Repeal of gun offender registry.
Sec. 18. Repeals of District of Columbia Acts.
Sec. 19. Repeal of Federal interstate handgun transfer ban.
Sec. 20. Firearms permitted on Federal property.
Sec. 21. Severability.

SEC. 2. RECOGNIZING THE RIGHT OF LAW-ABIDING INDIVIDUALS TO CARRY AND 
              TRANSPORT FIREARMS FOR LEGITIMATE PURPOSES.

    (a) Licenses to Carry Firearms.--Section 6 of the Act of July 8, 
1932 (47 Stat. 650, chapter 465; sec. 22-4506, D.C. Official Code), is 
amended to read as follows:

``SEC. 6. ISSUE OF LICENSES TO CARRY FIREARMS.

    ``(a) Issuance and Scope of License.--
            ``(1) In general.--The Chief shall issue a license, valid 
        for not less than 5 years, to carry a firearm concealed on or 
        about the person to any individual who--
                    ``(A) is not disqualified under subsection (d); and
                    ``(B) completes the application process specified 
                in subsection (f).
            ``(2) Requirements for license.--A license to carry a 
        firearm issued under this section shall meet the requirements 
        specified in subsection (c).
            ``(3) Protection from other conditions, limitations, and 
        requirements.--The Chief may not impose conditions, 
        limitations, or requirements that are not expressly provided 
        for in this section on the issuance, scope, effect, or content 
        of a license.
            ``(4) School zones.--For purposes of section 
        922(q)(2)(B)(ii) of title 18, United States Code, an individual 
        who possesses a firearm in a school zone in the District of 
        Columbia and who is licensed under this section or is an out-
        of-state licensee shall be considered licensed by the District 
        of Columbia.
    ``(b) Carrying a Firearm; Possession and Display of License 
Document or Authorization.--
            ``(1) Carrying a firearm.--A licensee or an out-of-state 
        licensee may carry a firearm anywhere in the District of 
        Columbia except as otherwise prohibited by law or by a 
        limitation or prohibition established pursuant to section 11 of 
        this Act (sec. 22-4511, D.C. Official Code).
            ``(2) Possession and display of license document or 
        authorization.--A licensee shall carry his or her license 
        document and government-issued photographic identification card 
        and an out-of-state licensee shall carry his or her out-of-
        state license and government-issued photographic identification 
        card at all times during which he or she is carrying a firearm 
        in any location other than on or in real property owned or 
        leased by the licensee or out-of-state licensee.
    ``(c) License Document; Content of License.--
            ``(1) Design of license document.--Subject to paragraphs 
        (2) and (3), the Chief shall--
                    ``(A) design a single license document for licenses 
                issued and renewed under this section; and
                    ``(B) complete the design of the license document 
                not later than 60 days after the date of enactment of 
                the Defend Our Capital Act of 2015.
            ``(2) Required content of license.--A license document for 
        a license issued under this section shall contain all of the 
        following on one side:
                    ``(A) The full name, date of birth, and residence 
                address of the licensee.
                    ``(B) A physical description of the licensee, 
                including sex, height, and eye color.
                    ``(C) The date on which the license was issued.
                    ``(D) The date on which the license expires.
                    ``(E) The words `District of Columbia'.
                    ``(F) A unique identification number for the 
                licensee.
            ``(3) Prohibited content of license.--A license document 
        for a license issued under this section may not contain the 
        licensee's social security number.
    ``(d) Restrictions on Issuing a License.--The Chief shall issue a 
license under this section to an individual who submits an application 
under subsection (f) unless the individual--
            ``(1) is less than 21 years of age; or
            ``(2) is prohibited under Federal law or court order from 
        possessing or receiving a firearm.
    ``(e) Application and Renewal Forms.--
            ``(1) Design.--The Chief shall design an application form 
        for use by individuals who apply for a license under this 
        section and a renewal form for use by individuals applying for 
        renewal of a license under subsection (n).
            ``(2) Deadlines.--The Chief shall complete the design of--
                    ``(A) the application form not later than 60 days 
                after the date of enactment of the Defend Our Capital 
                Act of 2015; and
                    ``(B) the renewal form not later than 4 years from 
                the date of enactment of the Defend Our Capital Act of 
                2015.
            ``(3) Contents.--The forms described in this subsection 
        shall--
                    ``(A) require the applicant to provide only his or 
                her name, address, date of birth, state identification 
                card number, race, sex, height, eye color, and, if the 
                applicant is not a United States citizen, his or her 
                alien or admission number; and
                    ``(B) include--
                            ``(i) a statement that the applicant is 
                        ineligible for a license if subsection (d) 
                        applies to the applicant;
                            ``(ii) a statement explaining the laws of 
                        self-defense and defense of others in the 
                        District of Columbia, with a place for the 
                        applicant to sign his or her name to indicate 
                        that he or she has read and understands the 
                        statement;
                            ``(iii) a statement, with a place for the 
                        applicant to sign his or her name, to indicate 
                        that the applicant has read and understands the 
                        requirements of this section;
                            ``(iv) a statement that the applicant may 
                        be prosecuted if he or she intentionally gives 
                        a false answer to any question on the 
                        application or intentionally submits a 
                        falsified document with the application;
                            ``(v) a statement of the penalties for 
                        intentionally giving a false answer to any 
                        question on the application or intentionally 
                        submitting a falsified document with the 
                        application; and
                            ``(vi) a statement describing the places in 
                        which a person may be prohibited from carrying 
                        a firearm even with a license, with a place for 
                        the applicant to sign his or her name to 
                        indicate that he or she has read and 
                        understands the statement.
            ``(4) Availability of forms.--The Chief shall make the 
        forms described in this subsection available on the Internet 
        and, upon request, by mail.
    ``(f) Submission of Application.--An individual may apply to the 
Chief for a license under this section by submitting to the Chief, by 
mail or other means made available by the Chief--
            ``(1) a completed application in the form prescribed under 
        subsection (e);
            ``(2) a statement that states that the information that the 
        individual is providing in the application submitted under 
        paragraph (1) and any document submitted with the application 
        is true and complete to the best of his or her knowledge;
            ``(3) a license fee in an amount that is equal to the 
        lesser of--
                    ``(A) the cost of issuing the license; or
                    ``(B) $50; and
            ``(4) a fee for a background check under subsection (h) 
        that is not greater than $25.
    ``(g) Processing of Application.--
            ``(1) Background check.--If a person submits a complete 
        application under subsection (f) and is not prohibited from 
        obtaining a license under paragraph (1) or (3) of subsection 
        (d), the Chief shall conduct a background check in accordance 
        with subsection (h) upon receiving the application.
            ``(2) Deadline.--Not later than 14 days after the date on 
        which the Chief receives a complete application submitted under 
        subsection (f), the Chief shall--
                    ``(A) except as provided in subparagraph (B), issue 
                the license and promptly send the licensee his or her 
                license document by first-class mail; or
                    ``(B) if subsection (d) applies to the applicant, 
                deny the application in accordance with paragraph (3).
            ``(3) Denial.--If the Chief denies an application submitted 
        under subsection (f), the Chief shall inform the applicant of 
        the denial in writing, stating the reason and factual basis for 
        the denial and the availability of an appeal under subsections 
        (l) and (m).
    ``(h) Background Checks.--
            ``(1) In general.--The Chief shall conduct a background 
        check on an applicant by contacting the National Instant 
        Criminal Background Check System to determine whether 
        subsection (d)(2) applies to the applicant.
            ``(2) Confirmation number.--The Chief shall create a 
        confirmation number associated with each applicant.
            ``(3) Result.--As soon as practicable after conducting a 
        background check under paragraph (1), the Chief shall--
                    ``(A) if the background check indicates that 
                subsection (d)(2) applies to the applicant, create a 
                unique nonapproval number for the applicant; or
                    ``(B) if the background check does not indicate 
                that subsection (d)(2) applies to the applicant, create 
                a unique approval number for the applicant.
            ``(4) Record.--The Chief shall maintain--
                    ``(A) a record of all complete application forms 
                submitted under subsection (f); and
                    ``(B) a record of all approval or nonapproval 
                numbers regarding background checks conducted under 
                this subsection.
    ``(i) Maintenance, Use, and Publication of Records by the Chief.--
            ``(1) Maintenance of record.--
                    ``(A) In general.--The Chief shall maintain a 
                computerized record listing the name and application 
                information of each individual who has been issued a 
                license under this section.
                    ``(B) Restriction.--Subject to paragraph (3), the 
                Chief may not store, maintain, format, sort, or access 
                the information described in paragraph (1) in any 
                manner other than by--
                            ``(i) the names, dates of birth, or sex of 
                        licensees; or
                            ``(ii) the identification numbers assigned 
                        to licensees under subsection (h).
            ``(2) Use by law enforcement.--A law enforcement officer 
        may not request or be provided information maintained in the 
        record under paragraph (1) concerning a specific individual 
        except for 1 of the following purposes:
                    ``(A) To confirm that a license produced by an 
                individual is valid.
                    ``(B) If an individual is carrying a firearm and 
                claims to hold a valid license issued under this 
                section, but does not have his or her license document, 
                to confirm that the individual holds a valid license.
                    ``(C) To investigate whether an individual 
                submitted an intentionally false statement.
                    ``(D) To investigate whether an individual complied 
                with a requirement to surrender his or her license in 
                accordance with this section.
            ``(3) Freedom of information.--Notwithstanding the Freedom 
        of Information Act of 1976 (sec. 2-531 et seq., D.C. Official 
        Code), information obtained under this section may not be made 
        available to the public except--
                    ``(A) in the context of a prosecution for an 
                offense in which a person's status as a licensee is 
                relevant; or
                    ``(B) through a report created by the Chief that 
                shows the number of licenses issued, revoked, or 
                suspended, but excludes any identifying information 
                about individual licensees.
    ``(j) Lost or Destroyed License.--
            ``(1) In general.--If a license document is lost, a 
        licensee no longer has possession of his or her license 
        document, or a license document is destroyed, unreadable, or 
        unusable, a licensee who wishes to obtain a replacement license 
        document shall submit to the Chief--
                    ``(A) a statement requesting a replacement license 
                document;
                    ``(B) the license document or any portions of the 
                license document that remain; and
                    ``(C) a $10 replacement fee.
            ``(2) Issuance.--Not later than 7 days after the date on 
        which the Chief receives a statement, license document or 
        portions thereof (if any), and fee submitted by a licensee 
        under paragraph (1), the Chief shall issue a replacement 
        license document to the licensee.
            ``(3) Absence of original license document.--If a licensee 
        does not submit the original license document to the Chief 
        under paragraph (1), the Chief shall terminate the unique 
        approval number of the original request and issue a new unique 
        approval number for the replacement license document.
    ``(k) License Revocation and Suspension.--
            ``(1) Revocation.--The Chief shall revoke a license issued 
        under this section if the Chief determines that subsection (d) 
        applies to the licensee.
            ``(2) Suspension.--
                    ``(A) In general.--The Chief shall suspend a 
                license issued under this section if a court prohibits 
                the licensee from possessing a firearm.
                    ``(B) Restoration.--The Chief shall restore a 
                suspended license not later than 5 business days after 
                the date on which the Chief is notified that the 
                licensee is no longer subject to the prohibition 
                described in subparagraph (A) if--
                            ``(i) subsection (d) does not apply to the 
                        individual; and
                            ``(ii) the suspended license has not 
                        expired under subsection (n).
            ``(3) Procedures.--
                    ``(A) Notice.--If the Chief suspends or revokes a 
                license under this subsection, the Chief shall send by 
                mail to the individual whose license has been suspended 
                or revoked notice of the suspension or revocation not 
                later than 1 day after the suspension or revocation.
                    ``(B) Effective date.--If the Chief suspends or 
                revokes a license under this subsection, the suspension 
                or revocation shall take effect on the date on which 
                the individual whose license has been suspended or 
                revoked receives the notice under subparagraph (A).
                    ``(C) Delivery of license document to chief.--Not 
                later than 7 days after the date on which an individual 
                whose license has been suspended or revoked receives 
                the notice under subparagraph (A), the individual 
                shall--
                            ``(i) deliver the license document 
                        personally or by certified mail to the Chief; 
                        or
                            ``(ii) mail a signed statement to the Chief 
                        stating--
                                    ``(I) that the individual no longer 
                                has possession of his or her license 
                                document; and
                                    ``(II) the reasons why the 
                                individual no longer has possession of 
                                the license document.
    ``(l) Departmental Review.--The Chief shall promulgate rules 
providing for the review of any action by the Chief denying an 
application for, or suspending or revoking, a license under this 
section.
    ``(m) Appeals to the Superior Court.--
            ``(1) Right to appeal.--An individual aggrieved by any 
        action by the Chief denying an application for, or suspending 
        or revoking, a license under this section, may appeal directly 
        to the Superior Court of the District of Columbia without 
        regard to whether the individual has sought review under the 
        process established under subsection (l).
            ``(2) Commencement of appeal.--
                    ``(A) In general.--To begin an appeal under this 
                subsection, the aggrieved individual shall file a 
                petition for review with the clerk of the Superior 
                Court of the District of Columbia not later than 30 
                days after the date on which the individual receives 
                notice of denial of an application for a license or of 
                suspension or revocation of a license.
                    ``(B) Contents; supporting documents.--A petition 
                filed under subparagraph (A)--
                            ``(i) shall state the substance of the 
                        Chief's action from which the individual is 
                        appealing and the grounds upon which the 
                        individual believes the Chief's action to be 
                        improper; and
                            ``(ii) may include a copy of any records or 
                        documents that are relevant to the grounds upon 
                        which the individual believes the Chief's 
                        action to be improper.
            ``(3) Service upon chief.--A copy of a petition filed under 
        paragraph (2) shall be served upon the Chief either personally 
        or by registered or certified mail not later than 5 days after 
        the date on which the individual files the petition.
            ``(4) Answer.--
                    ``(A) In general.--The Chief shall file an answer 
                to a petition filed under paragraph (2) not later than 
                15 days after the date on which the Chief is served 
                with the petition under paragraph (3).
                    ``(B) Contents; supporting documents.--An answer 
                filed under subparagraph (A) shall include--
                            ``(i) a brief statement of the actions 
                        taken by the Chief; and
                            ``(ii) a copy of any documents or records 
                        on which the Chief based his or her action.
            ``(5) Review by court.--
                    ``(A) In general.--The court shall review the 
                petition, the answer, and any records or documents 
                submitted with the petition or the answer.
                    ``(B) Conduct of review.--The court shall conduct 
                the review under this paragraph without a jury but may 
                schedule a hearing and take testimony.
            ``(6) Reversal.--The court shall reverse the Chief's action 
        if the court finds--
                    ``(A) that the Chief failed to follow any 
                procedure, or take any action, prescribed under this 
                section;
                    ``(B) that the Chief erroneously interpreted a 
                provision of law and a correct interpretation compels a 
                different action;
                    ``(C) that the Chief's action depends on a finding 
                of fact that is not supported by substantial evidence 
                in the record;
                    ``(D) if the appeal is regarding a denial, that the 
                denial was based on factors other than the factors 
                under subsection (d); or
                    ``(E) if the appeal is regarding a suspension or 
                revocation, that the suspension or revocation was based 
                on criteria other than the criteria under subsection 
                (k).
            ``(7) Relief.--
                    ``(A) In general.--The court shall provide whatever 
                relief is appropriate regardless of the original form 
                of the petition.
                    ``(B) Costs and fees.--If the court reverses the 
                Chief's action, the court shall order the Chief to pay 
                the aggrieved individual all court costs and reasonable 
                attorney fees.
    ``(n) License Expiration and Renewal.--
            ``(1) Period of validity.--A license issued under this 
        section shall be valid for the 5-year period beginning on the 
        date on which the license is issued unless the license is 
        suspended or revoked under subsection (k).
            ``(2) Notice of expiration.--
                    ``(A) Form.--The Chief shall design a notice of 
                expiration form.
                    ``(B) Mailing of notice.--Not later than 90 days 
                before the expiration date of a license issued under 
                this section, the Chief shall mail to the licensee--
                            ``(i) the notice of expiration form; and
                            ``(ii) a form for renewing the license.
            ``(3) Renewal.--
                    ``(A) In general.--The Chief shall renew the 
                license of a licensee if--
                            ``(i) not later than 90 days after the 
                        expiration date of the license, the licensee 
                        submits the renewal application, statement, and 
                        fees required under subparagraph (B); and
                            ``(ii) the background check required under 
                        subparagraph (C) indicates that subsection (d) 
                        does not apply to the licensee.
                    ``(B) Renewal application; statement; fees.--A 
                licensee seeking to renew his or her license shall 
                submit to the Chief--
                            ``(i) a renewal application on the form 
                        provided by the Chief;
                            ``(ii) a statement reporting that--
                                    ``(I) the information provided 
                                under clause (i) is true and complete 
                                to the best of the licensee's 
                                knowledge; and
                                    ``(II) the licensee is not 
                                disqualified under subsection (d); and
                            ``(iii) payment of--
                                    ``(I) a renewal fee in an amount 
                                that is equal to the lesser of--
                                            ``(aa) the cost of renewing 
                                        the license; or
                                            ``(bb) $25; and
                                    ``(II) a fee for a background check 
                                that does not exceed $25.
                    ``(C) Background check.--The chief shall conduct a 
                background check of a licensee as provided under 
                subsection (h) before renewing the licensee's license.
                    ``(D) Issuance of renewal license.--Unless a 
                renewal applicant is ineligible under subsection (d), 
                not later than 10 days after the date on which the 
                Chief receives a renewal application, statement, and 
                fees from the applicant under subparagraph (B), the 
                Chief shall issue a renewal license and send it to the 
                applicant by first-class mail.
                    ``(E) Members of the armed forces.--Notwithstanding 
                paragraph (1), the license of a member of the Armed 
                Forces of the United States, including the National 
                Guard and reserve components, who is deployed overseas 
                while on active duty shall not expire before the date 
                that is 90 days after the end of the licensee's 
                overseas deployment unless the license is suspended or 
                revoked under subsection (k).
    ``(o) Reciprocity Agreements.--The Chief shall enter into 
reciprocity agreements with each other state that requires such an 
agreement to grant recognition to a license to carry a concealed 
firearm issued by another state.
    ``(p) Immunity.--
            ``(1) In general.--The Chief and any designee or employee 
        who carries out the provisions of this section shall be immune 
        from liability arising from any act or omission under this 
        section, if the act or omission is in good faith.
            ``(2) Providers of training courses.--A person providing a 
        firearms training course in good faith shall be immune from 
        liability arising from any act or omission related to the 
        course.''.
    (b) Authority To Carry Firearm in Certain Places and for Certain 
Purposes; Lawful Transportation of Firearms.--The Act of July 8, 1932 
(sec. 22-4501 et seq., D.C. Official Code), is amended by inserting 
after section 4 the following:

``SEC. 4A. AUTHORITY TO CARRY FIREARM IN CERTAIN PLACES AND FOR CERTAIN 
              PURPOSES.

    ``Notwithstanding any other law, a person not otherwise prohibited 
by law from shipping, transporting, possessing, or receiving a firearm 
may carry such firearm, whether loaded or unloaded--
            ``(1) in the person's dwelling house or place of business 
        or on land owned or lawfully possessed by the person;
            ``(2) on land owned or lawfully possessed by another person 
        unless the other person has notified the person by posting or 
        individual notice that firearms are not permitted on the 
        premises;
            ``(3) while it is being used for lawful recreational, 
        sporting, educational, or training purposes; or
            ``(4) while it is being transported for a lawful purpose as 
        expressly authorized by District or Federal law and in 
        accordance with the requirements of that law.

``SEC. 4B. LAWFUL TRANSPORTATION OF FIREARMS.

    ``(a) Any person who is not otherwise prohibited by law from 
shipping, transporting, possessing, or receiving a firearm shall be 
permitted to transport a firearm for any lawful purpose from any place 
where he may lawfully possess the firearm to any other place where he 
may lawfully possess the firearm if the firearm is transported in 
accordance with this section.
    ``(b)(1) If the transportation of the firearm is by a vehicle, the 
firearm shall be unloaded, and neither the firearm nor any ammunition 
being transported shall be readily accessible or directly accessible 
from the passenger compartment of the transporting vehicle.
    ``(2) If the transporting vehicle does not have a compartment 
separate from the driver's compartment, the firearm or ammunition shall 
be contained in a locked container other than the glove compartment or 
console, and the firearm shall be unloaded.
    ``(c) If the transportation of the firearm is in a manner other 
than in a vehicle, the firearm shall be--
            ``(1) unloaded;
            ``(2) inside a locked container; and
            ``(3) separate from any ammunition.''.
    (c) Exceptions to Restrictions on Carrying Concealed Weapons.--
Section 5(a) of the Act of July 8, 1932 (47 Stat. 650, chapter 465; 
sec. 22-4505(a), D.C. Official Code), is amended--
            (1) by striking ``pistol unloaded and in a secure wrapper 
        from'' and inserting ``firearm, transported in accordance with 
        section 4B, from'';
            (2) by striking ``pistol'' each place it appears and 
        inserting ``firearm''; and
            (3) by adding at the end the following:
            ``(7) Any person carrying a firearm who holds--
                    ``(A) a valid license issued under section 6; or
                    ``(B) any out-of-state license, as defined in 
                section 1.''.

SEC. 3. RECIPROCITY FOR THE CARRYING OF CERTAIN CONCEALED FIREARMS.

    (a) In General.--Chapter 44 of title 18, United States Code, is 
amended by inserting after section 926C the following:
``Sec. 926D. Reciprocity for the carrying of certain concealed firearms
    ``(a) In General.--Notwithstanding any provision of the law of any 
State or political subdivision thereof to the contrary--
            ``(1) an individual who is not prohibited by Federal law 
        from possessing, transporting, shipping, or receiving a 
        firearm, and who is carrying a government-issued photographic 
        identification document and a valid license or permit which is 
        issued pursuant to the law of a State and which permits the 
        individual to carry a concealed firearm, may possess or carry a 
        concealed handgun (other than a machinegun or destructive 
        device) that has been shipped or transported in interstate or 
        foreign commerce in any State other than the State of residence 
        of the individual that--
                    ``(A) has a statute that allows residents of the 
                State to obtain licenses or permits to carry concealed 
                firearms; or
                    ``(B) does not prohibit the carrying of concealed 
                firearms by residents of the State for lawful purposes; 
                and
            ``(2) an individual who is not prohibited by Federal law 
        from possessing, transporting, shipping, or receiving a 
        firearm, and who is carrying a government-issued photographic 
        identification document and is entitled and not prohibited from 
        carrying a concealed firearm in the State in which the 
        individual resides otherwise than as described in paragraph 
        (1), may possess or carry a concealed handgun (other than a 
        machinegun or destructive device) that has been shipped or 
        transported in interstate or foreign commerce in any State 
        other than the State of residence of the individual that--
                    ``(A) has a statute that allows residents of the 
                State to obtain licenses or permits to carry concealed 
                firearms; or
                    ``(B) does not prohibit the carrying of concealed 
                firearms by residents of the State for lawful purposes.
    ``(b) Conditions and Limitations.--The possession or carrying of a 
concealed handgun in a State under this section shall be subject to the 
same conditions and limitations, except as to eligibility to possess or 
carry, imposed by or under Federal or State law or the law of a 
political subdivision of a State, that apply to the possession or 
carrying of a concealed handgun by residents of the State or political 
subdivision who are licensed by the State or political subdivision to 
do so, or not prohibited by the State from doing so.
    ``(c) Unrestricted License or Permit.--In a State that allows the 
issuing authority for licenses or permits to carry concealed firearms 
to impose restrictions on the carrying of firearms by individual 
holders of such licenses or permits, an individual carrying a concealed 
handgun under this section shall be permitted to carry a concealed 
handgun according to the same terms authorized by an unrestricted 
license of or permit issued to a resident of the State.
    ``(d) Rule of Construction.--Nothing in this section shall be 
construed to preempt any provision of State law with respect to the 
issuance of licenses or permits to carry concealed firearms.''.
    (b) Clerical Amendment.--The table of sections for chapter 44 of 
title 18, United States Code, is amended by inserting after the item 
relating to section 926C the following:

``Sec. 926D. Reciprocity for the carrying of certain concealed 
                            firearms.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect 90 days after the date of enactment of this Act.

SEC. 4. FIREARMS PERMITTED ON DEPARTMENT OF DEFENSE PROPERTY.

    Section 930(g)(1) of title 18, United States Code, is amended--
            (1) by striking ``The term `Federal facility' means'' and 
        inserting the following: ``The term `Federal facility'--
                    ``(A) means'';
            (2) by striking the period at the end and inserting ``; 
        and''; and
            (3) by adding at the end the following:
                    ``(B) with respect to a qualified member of the 
                Armed Forces, as defined in section 926E(a), does not 
                include any land, a building, or any part thereof owned 
                or leased by the Department of Defense.''.

SEC. 5. LAWFUL POSSESSION OF FIREARMS ON MILITARY INSTALLATIONS BY 
              MEMBERS OF THE ARMED FORCES.

    (a) Modification of General Article.--Section 934 of title 10, 
United States Code (article 134 of the Uniform Code of Military 
Justice), is amended--
            (1) by inserting ``(a) In General.--'' before ``Though not 
        specifically mentioned''; and
            (2) by adding at the end the following new subsection:
    ``(b) Possession of a Firearm.--The possession of a concealed or 
open carry firearm by a member of the armed forces subject to this 
chapter on a military installation, if lawful under the laws of the 
State in which the installation is located, is not an offense under 
this section.''.
    (b) Modification of Regulations.--Not later than 30 days after the 
date of the enactment of this Act, the Secretary of Defense shall amend 
Department of Defense Directive number 5210.56 to provide that members 
of the Armed Forces may possess firearms for defensive purposes on 
facilities and installations of the Department of Defense in a manner 
consistent with the laws of the State in which the facility or 
installation concerned is located.

SEC. 6. CARRYING OF CONCEALED FIREARMS BY QUALIFIED MEMBERS OF THE 
              ARMED FORCES.

    (a) In General.--Chapter 44 of title 18, United States Code, as 
amended by this Act, is amended by inserting after section 926D the 
following:
``Sec. 926E. Carrying of concealed firearms by qualified members of the 
              Armed Forces
    ``(a) Definitions.--As used in this section--
            ``(1) the term `firearm'--
                    ``(A) except as provided in this paragraph, has the 
                same meaning as in section 921;
                    ``(B) includes ammunition not expressly prohibited 
                by Federal law or subject to the provisions of the 
                National Firearms Act; and
                    ``(C) does not include--
                            ``(i) any machinegun (as defined in section 
                        5845 of the National Firearms Act);
                            ``(ii) any firearm silencer; or
                            ``(iii) any destructive device; and
            ``(2) the term `qualified member of the Armed Forces' means 
        an individual who--
                    ``(A) is a member of the Armed Forces on active 
                duty status, as defined in section 101(d)(1) of title 
                10;
                    ``(B) is not the subject of disciplinary action 
                under the Uniform Code of Military Justice;
                    ``(C) is not under the influence of alcohol or 
                another intoxicating or hallucinatory drug or 
                substance; and
                    ``(D) is not prohibited by Federal law from 
                receiving a firearm.
    ``(b) Authorization.--Notwithstanding any provision of the law of 
any State or any political subdivision thereof, an individual who is a 
qualified member of the Armed Forces and who is carry identification 
required by subsection (d) may carry a concealed firearm that has been 
shipped or transported in interstate or foreign commerce, subject to 
subsection (c).
    ``(c) Limitations.--This section shall not be construed to 
superseded or limit the laws of any State that--
            ``(1) permit private persons or entities to prohibit or 
        restrict the possession of concealed firearms on their 
        property; or
            ``(2) prohibit or restrict the possession of firearms on 
        any State or local government property, installation, building, 
        base, or park.
    ``(d) Identification.--The identification required by this 
subsection is the photographic identification issued by the Department 
of Defense for the qualified member of the Armed Forces.''.
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 44 of title 18, United States Code, as amended by this Act, is 
amended by inserting after the item relating to section 926D the 
following:

``926E. Carrying of concealed firearms by qualified members of the 
                            Armed Forces.''.

SEC. 7. REFORMING 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, carrying, transporting, or using for 
sporting, self-protection, or other lawful purposes, any firearm 
neither prohibited by Federal law nor subject to chapter 53 of the 
Internal Revenue Code of 1986 (commonly referred to as 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 for legitimate purposes.''.

SEC. 8. REPEAL OF D.C. SEMIAUTOMATIC BAN.

    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 can be readily restored to shoot, 
        automatically more than one shot, without manual reloading, by 
        a single function of the trigger. The term `machine gun' shall 
        also include the frame or receiver of any such firearm, any 
        part designed and intended solely and exclusively, or 
        combination of parts designed and intended, for use in 
        converting a firearm 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.''.

SEC. 9. REPEAL OF REGISTRATION REQUIREMENT AND AUTHORIZATION OF 
              AMMUNITION SALES.

    (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 the Firearms Control Regulations Act of 1975 (sec. 7-
        2502.01, D.C. Official Code) is amended by adding at the end 
        the following:
    ``(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 
        the Firearms Control Regulations Act of 1975 (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--
            (1) in section 101 (sec. 7-2501.01, D.C. Official Code), by 
        striking paragraph (13); and
            (2) by repealing sections 202 through 211 (secs. 7-2502.02 
        through 7-2502.11, D.C. Official Code).

SEC. 10. REPEAL OF REDUNDANT DEALER LICENSING REQUIREMENT AND PROVISION 
              FOR THE LAWFUL SALE OF FIREARMS BY FEDERALLY LICENSED 
              DEALERS.

    (a) Repeal of Requirement.--
            (1) In general.--Section 401 of the Firearms Control 
        Regulations Act of 1975 (sec. 7-2504.01, D.C. Official Code) is 
        amended by striking ``(a) No person'' and all that follows and 
        inserting the following:
    ``(a) No person or organization shall engage in the business of 
dealing, importing, or manufacturing firearms without complying with 
the requirements of Federal law.
    ``(b) Any dealer who is in compliance with Federal law may sell or 
otherwise transfer a firearm to any person or organization not 
otherwise prohibited from possessing or receiving such firearm under 
Federal law. In the case of a sale or transfer of a handgun to a 
resident of the District of Columbia, a federally licensed importer, 
manufacturer, or dealer of firearms in Maryland or Virginia shall be 
treated as a dealer licensed under the provisions of this Act for 
purposes of the previous sentence, notwithstanding section 922(b)(3) of 
title 18, United States Code, if the transferee meets in person with 
the transferor to accomplish the transfer, and the sale, delivery, and 
receipt fully comply with the legal conditions of sale in both the 
District of Columbia and the jurisdiction in which the transfer 
occurs.''.
            (2) Providing for the lawful sale of firearms.--Section 501 
        of the Firearms Control Regulations Act of 1975 (sec. 7-
        2505.01, D.C. Official Code) is amended by striking ``, 
        destructive device or ammunition'' and all that follows and 
        inserting the following: ``or ammunition to any person if the 
        seller or transferor knows or has reasonable cause to believe 
        that such person is prohibited by Federal law from possessing 
        or receiving a firearm.''.
    (b) Conforming Amendments to Firearms Control Regulations Act.--The 
Firearms Control Regulations Act of 1975 is amended--
            (1) by repealing sections 402 through 409 (secs. 7-2504.02 
        through 7-2504.09, D.C. Official Code);
            (2) by repealing section 502 (sec. 7-2505.02, D.C. Official 
        Code);
            (3) in section 701 (sec. 7-2507.01, D.C. Official Code)--
                    (A) in subsection (a), by striking ``firearm, 
                destructive device, or ammunition'' and inserting 
                ``destructive device''; and
                    (B) in subsection (b), by striking ``, any firearm, 
                destructive device, or ammunition.'' and inserting 
                ``any destructive device.''; and
            (4) by repealing section 704 (sec. 7-2507.04, D.C. Official 
        Code).
    (c) Other Conforming Amendments.--The Act of July 8, 1932 (47 Stat. 
650, chapter 465; sec. 22-4501 et seq., D.C. Official Code), is 
amended--
            (1) in section 3 (sec. 22-4503, D.C. Official Code)--
                    (A) in subsection (a), by striking ``if the 
                person'' and all that follows and inserting ``if the 
                person is prohibited from possessing a firearm under 
                Federal law.'';
                    (B) in subsection (b)(1), by striking ``subsection 
                (a)(1)'' and inserting ``subsection (a)''; and
                    (C) by repealing subsections (c) and (d); and
            (2) by repealing sections 7 through 10 (secs. 22-4507 
        through 22-4510, D.C. Official Code).

SEC. 11. HARMONIZATION OF D.C. LAW AND FEDERAL LAW REGARDING THE 
              POSSESSION OF AMMUNITION AND AMMUNITION FEEDING DEVICES.

    Section 601 of the Firearms Control Regulations Act of 1975 (sec. 
7-2506.01, D.C. Official Code) is amended by striking ``(a) No person'' 
and all that follows and inserting the following: ``No person who is 
prohibited by Federal law from possessing a firearm shall possess 
ammunition in the District of Columbia.''.

SEC. 12. RESTORATION OF 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. 13. REMOVAL OF CRIMINAL PENALTIES FOR POSSESSION OF UNREGISTERED 
              FIREARMS AND CERTAIN AMMUNITION.

    (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 ``except that'' and all that follows 
        through ``A person who knowingly'' and inserting the following: 
        ``except that a person who knowingly''; and
            (2) by striking paragraphs (2) and (3).
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to any violation that occurs after the date that is 
60 days after the date of enactment of this Act.

SEC. 14. REGULATING INOPERABLE PISTOLS AND HARMONIZING DEFINITIONS FOR 
              CERTAIN TYPES OF FIREARMS.

    Section 1 of the Act of July 8, 1932 (47 Stat. 650, chapter 465; 
sec. 22-4501, D.C. Official Code), is amended--
            (1) by redesignating paragraph (1) as paragraph (1)(A);
            (2) by inserting before paragraph (1)(A), as redesignated, 
        the following:
            ``(1) `Chief' shall have the same meaning as provided in 
        section 101(4) of the Firearms Control Regulations Act of 1975 
        (sec. 7-2501.01(4), D.C. Official Code).'';
            (3) by inserting after paragraph (2) the following:
            ``(2A) `Firearm'--
                    ``(A) means any weapon, regardless of operability, 
                which will, or is designed or redesigned, made or 
                remade, readily converted, restored, or repaired, or is 
                intended to, expel a projectile or projectiles by the 
                action of an explosive; and
                    ``(B) does not include--
                            ``(i) a destructive device, as defined in 
                        section 101(7) of the Firearms Control 
                        Regulations Act of 1975 (sec. 7-2501.01(7), 
                        D.C. Official Code);
                            ``(ii) a device used exclusively for line 
                        throwing, signaling, or safety, and required or 
                        recommended by the Coast Guard or Interstate 
                        Commerce Commission; or
                            ``(iii) a device used exclusively for 
                        firing explosive rivets, stud cartridges, or 
                        similar industrial ammunition and incapable for 
                        use as a weapon.'';
            (4) by inserting after paragraph (3) the following:
            ``(3A) `Licensee' means an individual holding a valid 
        license issued under the provisions of section 6 of the Act of 
        July 8, 1932 (sec. 22-4506, D.C. Official Code).'';
            (5) by striking paragraph (4) and inserting the following:
            ``(4) `Machine gun' shall have the same meaning as provided 
        in section 101(10) of the Firearms Control Regulations Act of 
        1975 (sec. 7-2501.01(10), D.C. Official Code).'';
            (6) by inserting after paragraph (4) the following:
            ``(4A) `Motor vehicle' shall have the meaning provided in 
        section 101(4) of the Department of Motor Vehicles Reform 
        Amendment Act of 2004 (sec. 50-1331.01(4), D.C. Official Code).
            ``(4B) `Out-of-state license' means a valid permit, 
        license, approval, or other authorization issued by a state or 
        territory of the United States that authorizes the licensee to 
        carry a firearm concealed on or about the person.
            ``(4C) `Out-of-state licensee' means an individual who is 
        21 years of age or over, who is not a District resident, and 
        who has been issued an out-of-state license.'';
            (7) by striking paragraph (6) and inserting the following:
            ``(6) `Pistol' shall have the same meaning as provided in 
        section 101(12) of the Firearms Control Regulations Act of 1975 
        (sec. 7-2501.01(12), D.C. Official Code).'';
            (8) by inserting after paragraph (6) the following:
            ``(6A) `Place of business' shall have the same meaning as 
        provided in section 101(12A) of the Firearms Control 
        Regulations Act of 1975 (sec. 7-2501.01(12A), D.C. Official 
        Code).'';
            (9) by striking paragraph (8) and inserting the following:
            ``(8) `Sawed-off shotgun' shall have the same meaning as 
        provided in section 101(15) of the Firearms Control Regulations 
        Act of 1975 (sec. 7-2501.01(15), D.C. Official Code).''; and
            (10) by inserting after paragraph (9) the following:
            ``(9A) `Shotgun' shall have the same meaning as provided in 
        section 101(16) of the Firearms Control Regulations Act of 1975 
        (sec. 7-2501.01(16), D.C. Official Code).''.

SEC. 15. PROHIBITIONS OF FIREARMS FROM PRIVATE AND SENSITIVE PUBLIC 
              PROPERTY.

    The Act of July 8, 1932 (47 Stat. 650, chapter 465; sec. 22-4501 et 
seq., D.C. Official Code), is amended by inserting after section 3 the 
following:

``SEC. 3A. PROHIBITIONS OF FIREARMS FROM PRIVATE AND SENSITIVE PUBLIC 
              PROPERTY.

    ``(a) Private persons or entities owning property in the District 
of Columbia may prohibit or restrict the possession of firearms on 
their property by any persons, other than law enforcement personnel 
when lawfully authorized to enter onto the property or lessees 
occupying residential or business premises.
    ``(b) The District of Columbia may prohibit or restrict the 
possession of firearms within any building or structure under its 
control, or in any area of such building or structure, that has 
implemented security measures (including guard posts, metal detection 
devices, x-ray or other scanning devices, or card-based or biometric 
access devices) to identify and exclude unauthorized or hazardous 
persons or articles, except that no such prohibition or restriction may 
apply to lessees occupying residential or business premises.''.

SEC. 16. INCLUDING TOY AND ANTIQUE PISTOLS IN PROHIBITION AGAINST USING 
              AN IMITATION FIREARM TO COMMIT A VIOLENT OR DANGEROUS 
              CRIME.

    Section 13 of the Act of July 8, 1932 (sec. 22-4513, D.C. Official 
Code), is amended by striking ``section 2 and section 14(b)'' and 
inserting ``sections 2, 4(b), and 14(b)''.

SEC. 17. REPEAL OF GUN OFFENDER REGISTRY.

    Title VIII of the Firearms Control Regulations Act of 1975 (sec. 7-
2508.01 et seq., D.C. Official Code), as added by section 205 of the 
Omnibus Public Safety and Justice Amendment Act of 2009 (D.C. Law 18-
88), is repealed.

SEC. 18. REPEALS OF DISTRICT OF COLUMBIA ACTS.

    Effective on the day before the date of the enactment of this Act, 
each of the following Acts is repealed, and any provision of law 
amended or repealed by any of such Acts is restored or revived as if 
such Act had not been enacted into law:
            (1) The Assault Weapon Manufacturing Strict Liability Act 
        of 1990 (D.C. Law 8-263).
            (2) The Illegal Firearm Sale and Distribution Strict 
        Liability Act of 1992 (D.C. Law 9-115).
            (3) The Firearms Registration Amendment Act of 2008 (D.C. 
        Law 17-372).
            (4) The Inoperable Pistol Amendment Act of 2008 (D.C. Law 
        17-388).
            (5) The Firearms Amendment Act of 2012 (D.C. Law 19-170).
            (6) The Administrative Disposition for Weapons Offenses 
        Amendment Act of 2012 (D.C. Law 19-295).
            (7) The License to Carry a Pistol Second Emergency 
        Amendment Act of 2014 (D.C. Act A20-0564).
            (8) The License to Carry a Pistol Temporary Amendment Act 
        of 2014 (D.C. Law 20-169).
            (9) The License to Carry a Pistol Amendment Act of 2014 
        (D.C. Act A20-0621).

SEC. 19. REPEAL OF FEDERAL INTERSTATE HANDGUN TRANSFER BAN.

    (a) In General.--Section 922 of title 18, United States Code, is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (2)(A), by striking ``and 
                subsection (b)(3)'';
                    (B) by striking paragraphs (3) and (5);
                    (C) by redesignating paragraph (4) as paragraph 
                (3);
                    (D) by redesignating paragraphs (6) through (9) as 
                paragraphs (4) through (7), respectively; and
                    (E) in paragraph (6), as redesignated, by adding 
                ``and'' at the end; and
            (2) in subsection (b)--
                    (A) by striking paragraph (3);
                    (B) by redesignating paragraphs (4) and (5) as 
                paragraphs (3) and (4); and
                    (C) in the flush text following paragraph (4), as 
                redesignated--
                            (i) by striking ``(3), and (4)'' and 
                        inserting ``and (3)''; and
                            (ii) by striking ``(4)'' and inserting 
                        ``(3)''.
    (b) Conforming Amendments.--
            (1) Title 18, United States Code, is amended--
                    (A) in section 924--
                            (i) in subsection (a)--
                                    (I) in paragraph (1)(B), by 
                                striking ``(a)(4)'' and inserting 
                                ``(a)(3)''; and
                                    (II) in paragraph (2), by striking 
                                ``(a)(6)'' and inserting ``(a)(4)''; 
                                and
                            (ii) in subsection (d)--
                                    (I) in paragraph (1), by striking 
                                ``(a)(4), (a)(6)'' and inserting 
                                ``(a)(3), (a)(4)''; and
                                    (II) in paragraph (3)(C), by 
                                striking ``section 922(a)(1), 
                                922(a)(3), 922(a)(5), or 922(b)(3)'' 
                                each place that term appears and 
                                inserting ``section 922(a)(1)''; and
                    (B) in section 1028A(c)(3), by striking ``section 
                922(a)(6)'' and inserting ``section 922(a)(4)''.
            (2) Section 4182(d) of the Internal Revenue Code of 1986 is 
        amended by striking ``922(b)(5)'' and inserting ``922(b)(4)''.
            (3) Section 40733 of title 36, United States Code, is 
        amended by striking ``Section 922(a)(1)-(3) and (5) of title 18 
        does not'' and inserting ``Paragraphs (1), (2), and (4) of 
        section 922(a) of title 18 shall not''.
            (4) Section 161A(b) of the Atomic Energy Act of 1954 (42 
        U.S.C. 2201a(b)) is amended by striking ``subsections (a)(4), 
        (a)(5), (b)(2), (b)(4), and (o) of section 922'' and inserting 
        ``subsections (a)(3), (b)(2), (b)(3), and (o) of section 922''.

SEC. 20. FIREARMS PERMITTED ON FEDERAL PROPERTY.

    Section 930 of title 18, United States Code, is amended--
            (1) in subsection (d)--
                    (A) in paragraph (2), by striking ``or'' at the 
                end;
                    (B) in paragraph (3), by striking the period at the 
                end and inserting ``; or''; and
                    (C) by adding at the end the following:
            ``(4) the lawful storage or possession of a firearm or 
        other dangerous weapon within a publically accessible, non-
        sensitive area of real property owned or leased by the Federal 
        Government.''; and
            (2) in subsection (g), by adding at the end the following:
            ``(4) The term `publically accessible, non-sensitive area' 
        means an area in which the Federal Government has not 
        implemented security measures, including metal detection 
        devices, x-ray or other scanning devices, or card-based or 
        biometric access devices, at a point of entry.''.

SEC. 21. 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, the other provisions of this Act and any other 
amendments made by this Act, and the application of such provision or 
amendment to other persons or circumstances, shall not be affected 
thereby.
                                                       Calendar No. 314

114th CONGRESS

  1st Session

                                S. 2359

_______________________________________________________________________

                                 A BILL

    To restore Second Amendment rights in the District of Columbia.

_______________________________________________________________________

                            December 7, 2015

            Read the second time and placed on the calendar