118 HR 5285 IH: Staff Safety Act U.S. House of Representatives 2023-08-25 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I118th CONGRESS1st SessionH. R. 5285IN THE HOUSE OF REPRESENTATIVESAugust 25, 2023Mr. Rosendale (for himself, Mr. Clyde, Mr. Duncan, Mr. Good of Virginia, Mr. Higgins of Louisiana, and Mr. Biggs) introduced the following bill; which was referred to the Committee on Transportation and InfrastructureA BILLTo amend title 40, United States Code, to clarify that the regulations prescribed by the Capitol Police Board to carry out the law prohibiting the possession of firearms in the United States Capitol Buildings and on the United States Capitol Grounds must take into account the exemption provided under such law for Members, officers, and employees of Congress.

1.

Short title

This Act may be cited as the Staff Safety Act.

2.

Findings

Congress finds the following:(1)Section 5104 of title 40, United States Code, exempts Members of Congress, employees of Members of Congress, officers and employees of committees of Congress, and any other officers or employees of either House of Congress from regulations pertaining to the carrying and possession of firearms on the United States Capitol Grounds.(2)The Supreme court in District of Columbia v. Heller held that the Second Amendment protects the individual right to possess a firearm unconnected with service in a militia, and the use of arms for traditionally lawful purposes.(3)Justice Clarence Thomas, in the majority opinion for New York State Rifle & Pistol Association Inc. v. Bruen, affirms that the Second Amendment extends to carrying firearms outside of ones home, writing Nothing in the Second Amendment’s text draws a home/public distinction with respect to the right to keep and bear arms, and the definition of bear naturally encompasses public carry. Moreover, the Second Amendment guarantees an individual right to possess and carry weapons in case of confrontation, and confrontation can surely take place outside the home..(4)Current regulations found in the Traffic Regulations for the United States Capitol Grounds promulgated by the Capitol Police Board (in Appendix J) which prevent staff from carrying firearms on the United States Capitol Grounds violate both Federal law and the Constitution.

3.

Clarification of applicability of exemption of Members, officers, and employees of Congress from laws prohibiting possession of firearms in Capitol and on Capitol Grounds to regulations of Capitol Police Board

(a)

Applicability of exemption to regulations

Section 5104(e)(3) of title 40, United States Code, is amended by striking This subsection does not prohibit and inserting This subsection does not prohibit, and the regulations prescribed by the Capitol Police Board under paragraph (1)(A) shall not prohibit,.(b)

Revision of existing regulations

Not later than 90 days after the date of the enactment of this Act, the Capitol Police Board shall revise any regulations prescribed under section 5104(e)(1)(A) of title 40, United States Code, to ensure that the regulations are consistent with section 5104(e)(3) of such title.