[Congressional Record Volume 161, Number 175 (Thursday, December 3, 2015)]
[Senate]
[Pages S8415-S8420]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2915. Mr. PAUL submitted an amendment intended to be proposed to
amendment SA 2874 proposed by Mr. McConnell to the bill H.R. 3762, to
provide for reconciliation pursuant to section 2002 of the concurrent
resolution on the budget for fiscal year 2016; as follows:
At the appropriate place, insert the following:
TITLE III--DEFEND OUR CAPITAL ACT
SEC. 301. SHORT TITLE.
This title may be cited as the ``Defend Our Capital Act of
2015''.
[[Page S8416]]
SEC. 302. 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--
[[Page S8417]]
``(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:
[[Page S8418]]
``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. 303. 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. 304. 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. 305. 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. 306. 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 title, 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.''.
[[Page S8419]]
(b) Technical and Conforming Amendment.--The table of
sections for chapter 44 of title 18, United States Code, as
amended by this title, 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. 307. 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. _308. 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. 309. 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. 310. 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. 311. 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. 312. 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. _313. 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. 314. 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.
[[Page S8420]]
``(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. 315. 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. 316. 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. 317. 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. 318. 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. 319. 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. 320. 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. 321. SEVERABILITY.
Notwithstanding any other provision of this title, if any
provision of this title, or any amendment made by this title,
or the application of such provision or amendment to any
person or circumstance is held to be unconstitutional, the
other provisions of this title and any other amendments made
by this title, and the application of such provision or
amendment to other persons or circumstances, shall not be
affected thereby.
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