[Congressional Record Volume 156, Number 60 (Tuesday, April 27, 2010)]
[Senate]
[Page S2710]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. McCAIN (for himself, Mr. Tester, Mr. Graham, Mr. Begich, 
        Mr. Burr, Mr. Chambliss, Mr. Brownback, Mr. Hatch, Mr. Bennett, 
        Mr. Wicker, and Mr. Isakson):
  S. 3265. A bill to restore Second Amendment rights in the District of 
Columbia; to the Committee on Homeland Security and Governmental 
Affairs.
  Mr. McCAIN. Mr. President, I am proud to introduce the Second 
Amendment Enforcement Act today with Senator Tester. I have always 
supported Americans' Second Amendment rights and was pleased when the 
Supreme Court found in June 2008 that the District of Columbia had 
reached too far in restricting the District's residents from owning 
firearms and defending themselves in their home. The legislation that 
we introduce today seeks to implement the Supreme Court's decision in 
District of Columbia v. Heller.
  Specifically, the Second Amendment Enforcement Act would codify many 
of the laws the District of Columbia City Council has put in place in 
response to the Supreme Court's decision. For example, this legislation 
would codify the District's repeal of the semiautomatic ban and retain 
the District's ban on fully-automatic machine guns. The legislation 
would also codify the District City Council's law that prohibits the 
carrying of firearms into the District's public buildings that have 
implemented security measures and codify the Council's law regulating 
the carrying of rifles or shotguns.
  The legislation would correctly restore the right of self-defense for 
any District resident in his or her home. Previously, the District had 
a requirement that any firearm kept in a home be stored in a manner 
that made it essentially useless for self-defense, e.g. kept ``unloaded 
and either disassembled or secured by a trigger lock, gun safe, locked 
box, or other secure device.'' The legislation would also clarify that 
landlords cannot prohibit firearms in rented homes or offices or 
dictate what firearms tenants may own.
  Most egregious was the District's restrictions on the purchase of 
firearms and outright ban on the purchase of ammunition. At the heart 
of the Supreme Court's decision was that District residents must be 
able to own operable firearms for lawful purposes, which must then 
allow residents meaningful opportunities to purchase firearms and 
ammunition. Since the District does not have traditional retail gun 
shops and current federal law prohibits a person from purchasing 
handguns outside the person's State of residence, the legislation would 
amend Federal law to allow District residents the ability to purchase 
guns from federally-licensed dealers in Maryland and Virginia and then 
transport them back to their homes in DC. Let me be very clear on this 
point, this legislation would not allow residents of the District to 
buy firearms from anyone who is not a federally-licensed dealer, even 
at a gun show. I believe this is a very reasonable restriction and one 
that again, like much of this legislation, takes into consideration the 
concerns of the District's City Council.
  Some may ask why a Senator from Arizona and a Senator from Montana 
would introduce legislation that impacts the lives of District 
residents. It is simple--we believe that residents across this country 
should have access to firearms to protect themselves, particularly in 
their own home or place of business. It is a constitutional right and 
one that was put in place by the Founding Fathers, recognized by the 
Supreme Court and cherished by many Americans. However, the District of 
Columbia City Council did not follow the Supreme Court's directive in 
fully updating their city's laws regarding firearms, and so now it is 
up to Congress to ensure that District residents' rights are respected 
by their government.
  I hope my colleagues will join me in supporting this important 
legislation that will not only restore District residents' rights, but 
also ensure that no resident in any State, territory or the District is 
prevented from exercising his or her Second Amendment right.
  Mr. TESTER. Mr. President, I rise today to introduce the Second 
Amendment Enforcement Act of 2010 with Senators McCain, Begich, 
Bennett, Brownback, Burr, Chambliss, Graham, Hatch and Wicker to codify 
the landmark U.S. Supreme Court decision District of Columbia v. 
Heller, which ruled Washington, DC's, decades-old ban on firearms 
unconstitutional. This bill will repeal the District of Columbia's 
restrictions on semiautomatic firearms, current gun storage law and 
complicated firearms registration system. It will ensure that law-
abiding persons in Washington, DC, are able to fully exercise their 
Second Amendment rights just like all other Americans.
  My cosponsors and I, all signers of the bipartisan friend-of-the-
court brief for District of Columbia v. Heller, urging the Court to 
support gun rights, think this is a very important bill and we welcome 
our colleagues' support.

                          ____________________