[Congressional Record (Bound Edition), Volume 154 (2008), Part 14]
[House]
[Pages 19426-19430]
[From the U.S. Government Publishing Office, www.gpo.gov]




                NATIONAL CAPITAL SECURITY AND SAFETY ACT

  The SPEAKER pro tempore. Pursuant to House Resolution 1434 and rule 
XVIII, the Chair declares the House in the Committee of the Whole House 
on the state of the Union for the further consideration of the bill, 
H.R. 6842.

                              {time}  1028


                     In the Committee of the Whole

  Accordingly, the House resolved itself into the Committee of the 
Whole House on the state of the Union for the further consideration of 
the bill (H.R. 6842) to require the District of Columbia to revise its 
laws regarding the use and possession of firearms as necessary to 
comply with the requirements of the decision of the Supreme Court in 
the case of District of Columbia v. Heller, in a manner that protects 
the security interests of the Federal government and the people who 
work in, reside in, or visit the District of Columbia and does not 
undermine the efforts of law enforcement, homeland security, and 
military officials to protect the Nation's capital from crime and 
terrorism, with Mr. Altmire (Acting Chairman) in the chair.
  The Clerk read the title of the bill.
  Ms. JACKSON-LEE of Texas. Mr. Chairman, first and foremost, I think 
it is imperative that we understand that the security and safety of our 
Nation's capitol should be of vital importance to all Americans, not 
simply the residents of the District of Columbia.
  My dear colleague and District of Columbia Representative, 
Congresswoman Eleanor Holmes Norton along with Congressman Henry Waxman 
of California, drafted comprehensive and sensible firearm legislation 
which the Childers/Souder amendment not only eviscerates but allows 
residents and federal officials to places in immense danger.


                       Childers/Souder Amendment

  The Childers/Souder Amendment in the Nature of a Substitute 
completely destroys the sensible Norton/Waxman Home Rule bill.
  The dangerous consequences include:
  No gun registration to let the police know who has guns and to trace 
guns used in crimes.
  No regulation of guns, only a bare federal statute resulting in one 
of the most permissive gun laws in the Nation--post 9/11.
  No age limit for possession of guns, including military-style 
weapons.
  Permits a person who is voluntarily committed to a mental institution 
to own a gun the day after he gets out.
  Federal law forbids a person to cross State lines to purchase a gun 
and bring it back, but this makes an exception uniquely for District 
residents to cross State lines to purchase guns and bring them back 
from Maryland and Virginia.
  Requires a ``gun show loophole,'' which avoids background checks in 
the nation's capital, i.e., District of Columbia residents can purchase 
weapons from private individuals and at gun shows without background 
checks.


                          District of Columbia

  The District of Columbia (the District) is a local self-governing 
jurisdiction and the seat of the United States Government, with unique 
Federal responsibilities. It is here that the President, the Vice 
President, and many cabinet and other Federal officials reside.
  Unregulated firearms in the capital would preclude the ability of the 
District Metropolitan Police Department to track guns through 
registration and otherwise help ensure that guns do not endanger 
Federal officials and employees, visiting dignitaries, and other 
individuals.


Revision of District of Columbia Firearms Laws and District of Columbia 
                               v. Heller

  The revised firearm legislation requires the District within 6 months 
after enactment, to revise its laws governing the possession and use of 
firearms as necessary to comply with the decision of the Supreme Court 
in District of Columbia v. Heller. It also amends the Firearms Control 
Regulations Act of 1975 by adding a new section requiring the Mayor and 
the Council of the District to ensure that the District's firearms laws 
are consistent with Heller.
  In Heller, the Supreme Court ruled in a 5-4 decision that the Second 
Amendment to the Constitution protects an individual's right to possess 
a firearm, irrespective of service in a militia, and to use that arm 
for traditionally lawful purposes such as self-defense within the home.
  The decision in Heller affirmed the holding in Parker v. District of 
Columbia, wherein the Court of Appeals for the District of Columbia 
declared three provisions of the District's Firearms Control Regulation 
Act to be unconstitutional: D.C. Code Sec. 7-2502.02, which generally 
barred the registration of handguns; Sec. 22-4504, which prohibited 
carrying a pistol without a license, insofar as that provision would 
prevent a registrant from moving a gun from one room to another within 
his or her home; and Sec. 7-2507.02, which required that all lawfully 
owned firearms be kept unloaded and disassembled or bound by a trigger 
lock or similar device.
  Addressing the holding in Parker, the Supreme Court noted that the 
District's approach ``totally bans handgun possession in the home.'' 
The Court then declared that the inherent right of self-defense is 
central to the Second Amendment right, and that the District's handgun 
ban amounted to a prohibition of an entire class of arms that has been 
overwhelmingly utilized by American society for that purpose.
  The Court also struck down as unconstitutional the requirement that 
any lawful firearm in the home be disassembled or bound by a trigger 
lock, as such a requirement ``makes it impossible for citizens to use 
arms for the core lawful purpose of self-defense.''


                           Firearms and Youth

  Right here in America according to the Harvard Injury Control 
Research Center, Harvard School of Public Health approximately 2,500 
black youth (aged 15-24) die annually from gun homicide, 950 Hispanic 
youths and 600 white youth. For gun suicides, it's about 1,600 white 
youths annually, 300 black youths and 200 Hispanic youths.
  Between 20 percent and 50 percent of children in the United States 
are touched by violence, either as victims or, even more commonly, as 
witnesses. And sadly for every child killed by a gun, four are injured 
according to the national estimates of nonfatal firearm-related 
injuries by the Journal of the American Medical Association.


                                 Texas

  In the U.S., the leading cause of death for African-Americans ages 
15-24 and 25-34 is homicide, with the overwhelming majority (90 percent 
and 87 percent, respectively) committed with firearms. Homicide is the 
second leading cause of death for African-Americans ages 10-14, with 
firearm-related deaths accounting for 70 percent of these deaths.
  Every day in Texas someone dies or is severely injured as a result of 
gun violence. Texans die from suicide, accidents, and crime. In 2004, 
2,342 people died from firearm-related injuries in Texas. We hear about 
these deaths every day: depressed teenagers and spouses taking their 
own lives, children finding a loaded gun at a friend's house, gun 
related crime, etc. We hear about it so often; we have become numb to 
it and feel nothing can be done.


                                Firearms

  While we speak of dignitaries, members of Congress, and the 
executive--the fact is that it is our children that are most at risk. 
We cannot allow a vague interpretation of the Second Amendment to put 
our children at risk and move guns on our streets.
  It is our young African-American and Hispanic men who are frequently 
caught up in this system. Among youth ages 15-24, firearms rank as the 
leading cause of death for African-Americans and the second leading 
cause of death for whites and Hispanic youth. With over 5,049 federally 
licensed firearms dealers and pawnbrokers in Texas alone, how many more 
guns on our streets do we need?


                               Conclusion

  Mr. Chairman I urge my colleagues to think about the safe of our 
children. Is there not already enough violence? For all the firearms in 
Afghanistan and Iraq is it helping them? Do more guns on our streets 
make them safer? I think we all know the answer is a resounding ``no.'' 
I am not asking that we remove all firearms from the hands of every 
responsible and law-abiding American, but I ask that we support 
sensible and comprehensive firearm legislation such as the Norton/
Waxman approach.
  The Acting CHAIRMAN. When the Committee of the Whole rose on Tuesday, 
September 16, 2008, a request for a recorded vote on the amendment 
printed in House Report 110-852 by the gentleman from Mississippi (Mr. 
Childers) had been postponed.


                   Amendment offered by Mr. Childers

  The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, the 
unfinished

[[Page 19427]]

business is the request for a recorded vote on the amendment printed in 
House Report 110-852 by the gentleman from Mississippi (Mr. Childers) 
on which further proceedings were postponed and on which the noes 
prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The text of the amendment is as follows:

       Amendment offered by Mr. Childers:
       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Second Amendment Enforcement 
     Act''.

     SEC. 2. CONGRESSIONAL FINDINGS.

       Congress finds the following:
       (1) The Second Amendment to the United States Constitution 
     provides that the right of the people to keep and bear arms 
     shall not be infringed.
       (2) As the Congress and the Supreme Court of the United 
     States have recognized, the Second Amendment to the United 
     States Constitution protects the rights of individuals, 
     including those who are not members of a militia or engaged 
     in military service or training, to keep and bear arms.
       (3) The law-abiding citizens of the District of Columbia 
     are deprived by local laws of handguns, rifles, and shotguns 
     that are commonly kept by law-abiding persons throughout the 
     United States for sporting use and for lawful defense of 
     their persons, homes, businesses, and families.
       (4) The District of Columbia has the highest per capita 
     murder rate in the Nation, which may be attributed in part to 
     local laws prohibiting possession of firearms by law-abiding 
     persons who would otherwise be able to defend themselves and 
     their loved ones in their own homes and businesses.
       (5) The Federal Gun Control Act of 1968, as amended by the 
     Firearms Owners' Protection Act of 1986, and the Brady 
     Handgun Violence Prevention Act of 1993, provide 
     comprehensive Federal regulations applicable in the District 
     of Columbia as elsewhere. In addition, existing District of 
     Columbia criminal laws punish possession and illegal use of 
     firearms by violent criminals and felons. Consequently, there 
     is no need for local laws which only affect and disarm law-
     abiding citizens.
       (6) Officials of the District of Columbia have indicated 
     their intention to continue to unduly restrict lawful firearm 
     possession and use by citizens of the District.
       (7) Legislation is required to correct the District of 
     Columbia's law in order to restore the fundamental rights of 
     its citizens under the Second Amendment to the United States 
     Constitution and thereby enhance public safety.

     SEC. 3. REFORM 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, 
     or using for sporting, self-protection or other lawful 
     purposes, any firearm neither prohibited by Federal law nor 
     subject to 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. Nothing in the previous two 
     sentences shall be construed to prohibit the District of 
     Columbia from regulating or prohibiting the carrying of 
     firearms by a person, either concealed or openly, other than 
     at the person's dwelling place, place of business, or on 
     other land possessed by the person.''.

     SEC. 4. REPEAL D.C. SEMIAUTOMATIC BAN.

       (a) In General.--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 readily restored to shoot 
     automatically, more than 1 shot without manual reloading by a 
     single function of the trigger, and includes the frame or 
     receiver of any such weapon, any part designed and intended 
     solely and exclusively, or combination of parts designed and 
     intended, for use in converting a weapon 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.''.
       (b) Conforming Amendment to Provisions Setting Forth 
     Criminal Penalties.--Section 1(c) of the Act of July 8, 1932 
     (47 Stat. 651; sec. 22-4501(c), D.C. Official Code) is 
     amended to read as follows:
       ``(c) `Machine gun', as used in this Act, has the meaning 
     given such term in section 101(10) of the Firearms Control 
     Regulations Act of 1975.''.

     SEC. 5. REPEAL REGISTRATION REQUIREMENT.

       (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 such Act (sec. 7-2502.01, D.C. Official Code) is amended 
     by adding at the end the following new subsection:
       ``(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 
     such Act (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 
     as follows:
       (1) Sections 202 through 211 (secs. 7-2502.02 through 7-
     2502.11, D.C. Official Code) are repealed.
       (2) Section 101 (sec. 7-2501.01, D.C. Official Code) is 
     amended by striking paragraph (13).
       (3) Section 401 (sec. 7-2504.01, D.C. Official Code) is 
     amended--
       (A) in subsection (a), by striking ``the District;'' and 
     all that follows and inserting the following: ``the District, 
     except that a person may engage in hand loading, reloading, 
     or custom loading of ammunition for firearms lawfully 
     possessed under this Act.''; and
       (B) in subsection (b), by striking ``which are 
     unregisterable under section 202'' and inserting ``which are 
     prohibited under section 201''.
       (4) Section 402 (sec. 7-2504.02, D.C. Official Code) is 
     amended--
       (A) in subsection (a), by striking ``Any person eligible to 
     register a firearm'' and all that follows through ``such 
     business,'' and inserting the following: ``Any person not 
     otherwise prohibited from possessing or receiving a firearm 
     under Federal or District law, or from being licensed under 
     section 923 of title 18, United States Code,''; and
       (B) in subsection (b), by amending paragraph (1) to read as 
     follows:
       ``(1) The applicant's name;''.
       (5) Section 403(b) (sec. 7-2504.03(b), D.C. Official Code) 
     is amended by striking ``registration certificate'' and 
     inserting ``dealer's license''.
       (6) Section 404(a)(3) (sec. 7-2504.04(a)(3)), D.C. Official 
     Code) is amended--
       (A) in subparagraph (B)(i), by striking ``registration 
     certificate number (if any) of the firearm,'';
       (B) in subparagraph (B)(iv), by striking ``holding the 
     registration certificate'' and inserting ``from whom it was 
     received for repair'';
       (C) in subparagraph (C)(i), by striking ``and registration 
     certificate number (if any) of the firearm'';
       (D) in subparagraph (C)(ii), by striking ``registration 
     certificate number or''; and
       (E) by striking subparagraphs (D) and (E).
       (7) Section 406(c) (sec. 7-2504.06(c), D.C. Official Code) 
     is amended to read as follows:
       ``(c) Within 45 days of a decision becoming effective which 
     is unfavorable to a licensee or to an applicant for a 
     dealer's license, the licensee or application shall--
       ``(1) lawfully remove from the District all destructive 
     devices in his inventory, or peaceably surrender to the Chief 
     all destructive devices in his inventory in the manner 
     provided in section 705; and
       ``(2) lawfully dispose, to himself or to another, any 
     firearms and ammunition in his inventory.''.
       (8) Section 407(b) (sec. 7-2504.07(b), D.C. Official Code) 
     is amended by striking ``would not be eligible'' and all that 
     follows and inserting ``is prohibited from possessing or 
     receiving a firearm under Federal or District law.''.
       (9) Section 502 (sec. 7-2505.02, D.C. Official Code) is 
     amended--
       (A) by amending subsection (a) to read as follows:
       ``(a) Any person or organization not prohibited from 
     possessing or receiving a firearm under Federal or District 
     law may sell or otherwise transfer ammunition or any firearm, 
     except those which are prohibited under section 201, to a 
     licensed dealer.'';
       (B) by amending subsection (c) to read as follows:
       ``(c) Any licensed dealer may sell or otherwise transfer a 
     firearm to any person or organization not otherwise 
     prohibited from possessing or receiving such firearm under 
     Federal or District law.'';
       (C) in subsection (d), by striking paragraphs (2) and (3); 
     and
       (D) by striking subsection (e).
       (10) Section 704 (sec. 7-2507.04, D.C. Official Code) is 
     amended--
       (A) in subsection (a), by striking ``any registration 
     certificate or'' and inserting ``a''; and
       (B) in subsection (b), by striking ``registration 
     certificate,''.
       (c) Other Conforming Amendments.--Section 2(4) of the 
     Illegal Firearm Sale and Distribution Strict Liability Act of 
     1992 (sec. 7-2531.01(2)(4), D.C. Official Code) is amended--

[[Page 19428]]

       (1) in subparagraph (A), by striking ``or ignoring proof of 
     the purchaser's residence in the District of Columbia''; and
       (2) in subparagraph (B), by striking ``registration and''.

     SEC. 6. REPEAL HANDGUN AMMUNITION BAN.

       Section 601(3) of the Firearms Control Regulations Act of 
     1975 (sec. 7-2506.01(3), D.C. Official Code) is amended by 
     striking ``is the holder of the valid registration 
     certificate for'' and inserting ``owns''.

     SEC. 7. RESTORE 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. 8. REMOVE CRIMINAL PENALTIES FOR POSSESSION OF 
                   UNREGISTERED FIREARMS.

       (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 ``that:'' and all that follows through 
     ``(1)A'' and inserting ``that a''; and
       (2) by striking paragraph (2).
       (b) Effective Date.--The amendments made by subsection (a) 
     shall apply with respect to violations occurring after the 
     60-day period which begins on the date of the enactment of 
     this Act.

     SEC. 9. REMOVE CRIMINAL PENALTIES FOR CARRYING A FIREARM IN 
                   ONE'S DWELLING OR OTHER PREMISES.

       (a) In General.--Section 4(a) of the Act of July 8, 1932 
     (47 Stat. 651; sec. 22-4504(a), D.C. Official Code) is 
     amended--
       (1) in the matter before paragraph (1), by striking ``a 
     pistol,'' and inserting the following: ``except in his 
     dwelling house or place of business or on other land 
     possessed by that person, whether loaded or unloaded, a 
     firearm,''; and
       (2) by striking ``except that:'' and all that follows 
     through ``(2) If the violation'' and inserting ``except that 
     if the violation''.
       (b) Conforming Amendment.--Section 5 of such Act (47 Stat. 
     651; sec. 22-4505, D.C. Official Code) is amended--
       (1) by striking ``pistol'' each place it appears and 
     inserting ``firearm''; and
       (2) by striking ``pistols'' each place it appears and 
     inserting ``firearms''.

     SEC. 10. AUTHORIZING PURCHASES OF FIREARMS BY DISTRICT 
                   RESIDENTS.

       Section 922 of title 18, United States Code, is amended in 
     paragraph (b)(3) by inserting after ``other than a State in 
     which the licensee's place of business is located'' the 
     following: ``, or to the sale or delivery of a handgun to a 
     resident of the District of Columbia by a licensee whose 
     place of business is located in Maryland or Virginia,''.


                             Recorded Vote

  The Acting CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 260, 
noes 160, answered ``present'' 1, not voting 17, as follows:

                             [Roll No. 600]

                               AYES--260

     Abercrombie
     Aderholt
     Akin
     Alexander
     Allen
     Altmire
     Arcuri
     Baca
     Bachus
     Baird
     Barrett (SC)
     Barrow
     Bartlett (MD)
     Barton (TX)
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonner
     Bono Mack
     Boozman
     Boren
     Boswell
     Boucher
     Boustany
     Boyd (FL)
     Boyda (KS)
     Broun (GA)
     Brown (SC)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp (MI)
     Campbell (CA)
     Cannon
     Capito
     Cardoza
     Carney
     Carter
     Cazayoux
     Chabot
     Chandler
     Childers
     Coble
     Cole (OK)
     Conaway
     Cooper
     Costa
     Costello
     Cramer
     Crenshaw
     Cuellar
     Culberson
     Davis (AL)
     Davis (KY)
     Davis, David
     Davis, Lincoln
     Deal (GA)
     DeFazio
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dingell
     Donnelly
     Doolittle
     Drake
     Duncan
     Edwards (TX)
     Ellsworth
     Emerson
     English (PA)
     Everett
     Fallin
     Feeney
     Flake
     Forbes
     Fortenberry
     Fossella
     Foster
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Giffords
     Gillibrand
     Gingrey
     Gohmert
     Goode
     Goodlatte
     Gordon
     Granger
     Graves
     Green, Gene
     Hall (TX)
     Hastings (WA)
     Hayes
     Heller
     Hensarling
     Herger
     Herseth Sandlin
     Higgins
     Hill
     Hinchey
     Hobson
     Hodes
     Holden
     Hunter
     Inglis (SC)
     Issa
     Johnson (IL)
     Johnson, Sam
     Jones (NC)
     Jordan
     Kagen
     Kanjorski
     Keller
     Kind
     King (IA)
     Kingston
     Kline (MN)
     Knollenberg
     Kuhl (NY)
     LaHood
     Lamborn
     Latham
     LaTourette
     Latta
     Lewis (CA)
     Lewis (KY)
     Linder
     LoBiondo
     Lucas
     Lungren, Daniel E.
     Mack
     Mahoney (FL)
     Manzullo
     Marchant
     Marshall
     Matheson
     McCarthy (CA)
     McCaul (TX)
     McCotter
     McCrery
     McHenry
     McHugh
     McIntyre
     McKeon
     McMorris Rodgers
     McNerney
     Meek (FL)
     Melancon
     Mica
     Michaud
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Mitchell
     Mollohan
     Moore (KS)
     Moran (KS)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Musgrave
     Myrick
     Nunes
     Oberstar
     Ortiz
     Paul
     Pearce
     Pence
     Peterson (MN)
     Petri
     Pickering
     Platts
     Poe
     Pomeroy
     Porter
     Price (GA)
     Pryce (OH)
     Putnam
     Radanovich
     Rahall
     Rehberg
     Reichert
     Renzi
     Reyes
     Reynolds
     Rodriguez
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Roskam
     Ross
     Royce
     Ryan (OH)
     Ryan (WI)
     Salazar
     Sali
     Saxton
     Scalise
     Schmidt
     Sensenbrenner
     Sessions
     Shadegg
     Shea-Porter
     Shimkus
     Shuler
     Shuster
     Simpson
     Skelton
     Smith (NE)
     Smith (TX)
     Souder
     Space
     Spratt
     Stearns
     Stupak
     Sullivan
     Tancredo
     Tanner
     Taylor
     Terry
     Thompson (CA)
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Udall (CO)
     Udall (NM)
     Upton
     Walberg
     Walden (OR)
     Walsh (NY)
     Walz (MN)
     Wamp
     Welch (VT)
     Weldon (FL)
     Weller
     Westmoreland
     Whitfield (KY)
     Wilson (NM)
     Wilson (OH)
     Wilson (SC)
     Wittman (VA)
     Wolf
     Young (AK)
     Young (FL)

                               NOES--160

     Ackerman
     Andrews
     Baldwin
     Bean
     Becerra
     Berkley
     Berman
     Blumenauer
     Bordallo
     Brady (PA)
     Braley (IA)
     Brown, Corrine
     Butterfield
     Capps
     Capuano
     Carnahan
     Carson
     Castle
     Castor
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Conyers
     Courtney
     Crowley
     Cummings
     Davis (CA)
     Davis (IL)
     Davis, Tom
     DeGette
     Delahunt
     DeLauro
     Dicks
     Doggett
     Doyle
     Edwards (MD)
     Ellison
     Emanuel
     Engel
     Eshoo
     Etheridge
     Faleomavaega
     Farr
     Fattah
     Ferguson
     Filner
     Frank (MA)
     Gilchrest
     Gonzalez
     Green, Al
     Grijalva
     Gutierrez
     Hall (NY)
     Hare
     Harman
     Hastings (FL)
     Hinojosa
     Hirono
     Holt
     Honda
     Hooley
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson (GA)
     Johnson, E. B.
     Kaptur
     Kennedy
     Kildee
     Kilpatrick
     King (NY)
     Kirk
     Klein (FL)
     Kucinich
     Langevin
     Larsen (WA)
     Lee
     Levin
     Lewis (GA)
     Lipinski
     Loebsack
     Lofgren, Zoe
     Lowey
     Lynch
     Maloney (NY)
     Markey
     Matsui
     McCarthy (NY)
     McCollum (MN)
     McDermott
     McGovern
     McNulty
     Meeks (NY)
     Miller (NC)
     Miller, George
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Nadler
     Napolitano
     Neal (MA)
     Norton
     Olver
     Pallone
     Pascrell
     Pastor
     Payne
     Perlmutter
     Price (NC)
     Ramstad
     Rangel
     Richardson
     Rothman
     Roybal-Allard
     Ruppersberger
     Rush
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Shays
     Sherman
     Sires
     Slaughter
     Smith (NJ)
     Smith (WA)
     Snyder
     Solis
     Speier
     Stark
     Sutton
     Tauscher
     Thompson (MS)
     Tierney
     Towns
     Tsongas
     Van Hollen
     Velazquez
     Visclosky
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Wexler
     Woolsey
     Wu
     Yarmuth

                        ANSWERED ``PRESENT''--1

       
     Obey
       

                             NOT VOTING--17

     Bachmann
     Bishop (NY)
     Brady (TX)
     Cantor
     Christensen
     Cubin
     Dreier
     Ehlers
     Fortuno
     Hoekstra
     Hulshof
     Lampson
     Larson (CT)
     Neugebauer
     Peterson (PA)
     Pitts
     Regula

                              {time}  1058

  Messrs. GEORGE MILLER of California, FILNER, RANGEL, COHEN, ACKERMAN, 
EMANUEL, SHAYS, RUSH, Ms. SOLIS, Mrs. NAPOLITANO, Ms. VELAZQUEZ, Ms. 
McCOLLUM of Minnesota, Messrs. FATTAH, CONYERS, ROTHMAN, BECERRA and 
Ms. KAPTUR changed their vote from ``aye'' to ``no.''
  Messrs. SMITH of Nebraska, COLE of Oklahoma, Ms. GINNY BROWN-WAITE of 
Florida, Messrs. KINGSTON, ABERCROMBIE, and Ms. PRYCE of Ohio changed 
their vote from ``no'' to ``aye.''
  So the amendment was agreed to.
  The result of the vote was announced as above recorded.
  Stated for:
  Mrs. BACHMANN. Mr. Chairman, today I was unexpectedly detained and 
unable to vote on the Childers Amendment in the Nature of a Substitute 
to H.R. 6842, the National Capital Security and Safety Act (Roll No. 
600.) Had I been present I would have voted ``aye.''
  Mrs. BLACKBURN. Mr. Chairman, I rise in support of H.R. 6842, The 
Second Amendment Enforcement Act. Earlier this year, the Supreme Court 
rightly overturned the unconstitutional gun ban enforced by the 
District of Columbia.
  The Court recognized what Tennesseans have always known, that the 
second amendment applies to individuals, and that all law-

[[Page 19429]]

abiding Americans have an inherent right to self-defense. The ruling 
was a victory for freedom and constitutional rights.
  Sadly, the District of Columbia has chosen to turn a blind eye to the 
court and the constitution by re-legislating the gun ban piece by 
piece. DC has legislated that guns must be trigger locked or 
disassembled in the home, rendering it nearly impossible for law-
abiding citizens from purchasing guns in the District.
  When the court overturned the ban, I breathed a sigh of relief for 
the young women on my staff who are now able to appropriately defend 
themselves. Imagine my surprise when the District dictated that those 
same staffers store their guns in pieces or with trigger locks until an 
``immediate'' threat presents itself. Have you ever heard of anything 
so ridiculous? When a threat is immediate, you don't have time to find 
a key or put together a gun!
  I stand for the right of all Americans to defend themselves and in 
support of H.R. 6842, which will make the policy of the District of 
Columbia consistent with the ruling of the court and the clear intent 
of the Constitution.
  Mr. UDALL of Colorado. Mr. Chairman, the Constitution gives Congress 
the ultimate legislative responsibility for the District of Columbia.
  However, through enactment of the DC Home Rule Act Congress has 
authorized the residents of the District to elect a Mayor and City 
Council to be responsible for the day-to-day exercise of that 
authority.
  I respect the intent of home rule because I think residents of 
Washington, DC--like residents of Colorado--should be able to govern 
themselves so far as consistent with the ability of the Federal 
Government to function.
  And I think this principle of home rule for DC is made all the more 
important because the residents of the District are not fully 
represented here in Congress.
  So, I have some hesitation supporting legislation that would in 
effect shape policies for the District of Columbia without the 
involvement of its elected officials.
  However, I am supporting H.R. 6842 today because any flaws in its 
approach can be corrected as the legislative process continues and 
because I think it is needed in order to send a strong message to the 
District government to move promptly to revise its laws to reflect the 
recent decision of the Supreme Court in the case of DC v. Heller and 
thus to assure that the second amendment rights of the District's 
residents are not infringed.
  That is the purpose of this legislation--one that I support, because 
complying with our oath to support and defend the Constitution is the 
first duty of all Members of Congress.
  Mr. BLUMENAUER. Mr. Chairman, the Childers amendment to the National 
Capital Security and Safety Act is deeply flawed. We continue to treat 
the residents of the District of Columbia as members of a colony, 
hampering their ability to govern themselves. We ought not to have 
Congress be the State legislature or city council for 580,000 people.
  For the tens of thousands of Oregonians who visit our Nation's 
capital each year, traveling with their children to experience 
America's history and culture, and as someone who lives in DC for 30 
percent of the year and has worked with victims of gun violence, this 
legislation is neither comforting nor sound policy. The imposition on 
local government would throw out all locally approved gun safety 
measures, including handgun registration and the semiautomatic ban, and 
even go as far as removing all age restrictions on gun purchase, 
permitting a 6-year-old to purchase a deadly weapon.
  It is best for Congress not to do the National Rifle Association's 
bidding, forcing DC to be their showcase for eliminating all boundaries 
of gun safety. I urge my colleagues to respect home rule and common 
sense.
  Mr. CARDOZA. Mr. Chairman, I rise in full support of the recent 
passage of the amended version of H.R. 6842, the National Capitol 
Security and Safety Act. This legislation will finally bring the 
District of Columbia into compliance with the Second Amendment rights 
guaranteed by the United States Constitution.
  On June 26, 2008, the United States Supreme Court correctly struck 
down a 32-year-old ban on handgun possession and ownership in the 
District of Columbia in District of Columbia v. Heller. This handgun 
ban required that all firearms within the city boundaries be 
registered, all owners be licensed, and prohibited the registration of 
handguns after September 24, 1976, making it one of the strictest in 
the country.
  The District Council responded to the Heller decision with a 
temporary, emergency law that made some advances in returning gun 
rights to District residents but, unfortunately, retained a number of 
discriminatory obstacles to handgun possession. H.R. 6842, as amended, 
will revise the District of Columbia code to remove these unnecessary 
and unconstitutional hurdles to gun ownership. Among other things, the 
legislation will amend the registration requirements so that they do 
not apply to handguns, remove arbitrary limits on ammunition and repeal 
some criminal penalties for carrying unlicensed handguns. In total, 
H.R. 6842 will allow residents of the District to finally exercise 
their right to bear arms in a responsible manner, without unnecessary 
government regulation.
  Throughout my tenure in Congress, I have consistently co-sponsored 
legislation to end the DC handgun ban and to expand and preserve Second 
Amendment rights within the District. While I certainly appreciate the 
desire to consider rates of violent crime when crafting gun control 
legislation, our country is based on the premise that enforcement of 
our fundamental rights cannot be haphazard. Those rights, especially 
those clearly enumerated in the Bill of Rights, must not be dismissed 
or diluted.
  As a hunter and lifelong gun rights advocate, I applaud the passage 
of the amended version of H.R. 6842 and I look forward to Senate action 
on this measure.
  The Acting CHAIRMAN. Under the rule, the Committee rises.
  Accordingly, the Committee rose; and the Speaker pro tempore (Mr. 
Pastor) having assumed the chair, Mr. Altmire, Acting Chairman of the 
Committee of the Whole House on the state of the Union, reported that 
that Committee, having had under consideration the bill (H.R. 6842) to 
require the District of Columbia to revise its laws regarding the use 
and possession of firearms as necessary to comply with the requirements 
of the decision of the Supreme Court in the case of District of 
Columbia v. Heller, in a manner that protects the security interests of 
the Federal Government and the people who work in, reside in, or visit 
the District of Columbia and does not undermine the efforts of law 
enforcement, homeland security, and military officials to protect the 
Nation's Capital from crime and terrorism, pursuant to House Resolution 
1434, he reported the bill back to the House with an amendment adopted 
by the Committee of the Whole.
  The SPEAKER pro tempore. Under the rule, the previous question is 
ordered.
  The question is on the amendment.
  The amendment was agreed to.
  The SPEAKER pro tempore. The question is on the engrossment and third 
reading of the bill.
  The bill was ordered to be engrossed and read a third time, and was 
read the third time.
  The SPEAKER pro tempore. The question is on the passage of the bill.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.


                             Recorded Vote

  Mr. SOUDER. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 266, 
noes 152, answered ``present'' 1, not voting 14, as follows:

                             [Roll No. 601]

                               AYES--266

     Abercrombie
     Aderholt
     Akin
     Alexander
     Allen
     Altmire
     Arcuri
     Baca
     Bachmann
     Bachus
     Baird
     Barrett (SC)
     Barrow
     Bartlett (MD)
     Barton (TX)
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonner
     Bono Mack
     Boozman
     Boren
     Boswell
     Boucher
     Boustany
     Boyd (FL)
     Boyda (KS)
     Broun (GA)
     Brown (SC)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp (MI)
     Campbell (CA)
     Cannon
     Capito
     Cardoza
     Carnahan
     Carney
     Carter
     Cazayoux
     Chabot
     Chandler
     Childers
     Coble
     Cole (OK)
     Conaway
     Cooper
     Costa
     Costello
     Cramer
     Crenshaw
     Cuellar
     Culberson
     Davis (AL)
     Davis (KY)
     Davis, David
     Davis, Lincoln
     Davis, Tom
     Deal (GA)
     DeFazio
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dingell
     Donnelly
     Doolittle
     Drake
     Duncan
     Edwards (TX)
     Ellsworth
     Emerson
     English (PA)
     Etheridge
     Everett
     Fallin
     Feeney
     Ferguson
     Flake
     Forbes
     Fortenberry
     Fossella
     Foster
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Giffords
     Gillibrand
     Gingrey
     Gohmert
     Goode
     Goodlatte
     Gordon
     Granger
     Graves
     Green, Gene
     Hall (TX)
     Hastings (WA)
     Hayes
     Heller
     Hensarling
     Herger
     Herseth Sandlin
     Higgins

[[Page 19430]]


     Hill
     Hinchey
     Hobson
     Hodes
     Holden
     Hunter
     Inglis (SC)
     Issa
     Johnson (IL)
     Johnson, Sam
     Jones (NC)
     Jordan
     Kagen
     Kanjorski
     Keller
     Kind
     Kingston
     Kline (MN)
     Knollenberg
     Kuhl (NY)
     LaHood
     Lamborn
     Latham
     LaTourette
     Latta
     Lewis (CA)
     Lewis (KY)
     Linder
     LoBiondo
     Lucas
     Lungren, Daniel E.
     Mack
     Mahoney (FL)
     Manzullo
     Marchant
     Marshall
     Matheson
     McCarthy (CA)
     McCaul (TX)
     McCotter
     McCrery
     McHenry
     McHugh
     McIntyre
     McKeon
     McMorris Rodgers
     McNerney
     Meek (FL)
     Melancon
     Mica
     Michaud
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Mitchell
     Mollohan
     Moore (KS)
     Moran (KS)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Musgrave
     Myrick
     Nunes
     Oberstar
     Ortiz
     Paul
     Pearce
     Pence
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Platts
     Poe
     Pomeroy
     Porter
     Price (GA)
     Pryce (OH)
     Putnam
     Radanovich
     Rahall
     Rehberg
     Reichert
     Renzi
     Reyes
     Reynolds
     Rodriguez
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Roskam
     Ross
     Royce
     Ryan (OH)
     Ryan (WI)
     Salazar
     Sali
     Saxton
     Scalise
     Schmidt
     Sensenbrenner
     Sessions
     Shadegg
     Shea-Porter
     Shimkus
     Shuler
     Shuster
     Simpson
     Sires
     Skelton
     Smith (NE)
     Smith (TX)
     Souder
     Space
     Spratt
     Stearns
     Stupak
     Sullivan
     Tancredo
     Tanner
     Taylor
     Terry
     Thompson (CA)
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Udall (CO)
     Udall (NM)
     Upton
     Walberg
     Walden (OR)
     Walsh (NY)
     Walz (MN)
     Wamp
     Welch (VT)
     Weldon (FL)
     Weller
     Westmoreland
     Whitfield (KY)
     Wilson (NM)
     Wilson (OH)
     Wilson (SC)
     Wittman (VA)
     Wolf
     Young (AK)
     Young (FL)

                               NOES--152

     Ackerman
     Andrews
     Baldwin
     Bean
     Becerra
     Berkley
     Berman
     Blumenauer
     Brady (PA)
     Braley (IA)
     Brown, Corrine
     Butterfield
     Capps
     Capuano
     Carson
     Castle
     Castor
     Clarke
     Clay
     Clyburn
     Cohen
     Conyers
     Courtney
     Crowley
     Cummings
     Davis (CA)
     Davis (IL)
     DeGette
     Delahunt
     DeLauro
     Dicks
     Doggett
     Doyle
     Edwards (MD)
     Ellison
     Emanuel
     Engel
     Eshoo
     Farr
     Fattah
     Filner
     Frank (MA)
     Gilchrest
     Gonzalez
     Green, Al
     Grijalva
     Gutierrez
     Hall (NY)
     Hare
     Harman
     Hastings (FL)
     Hinojosa
     Hirono
     Holt
     Honda
     Hooley
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson (GA)
     Johnson, E. B.
     Kaptur
     Kennedy
     Kildee
     Kilpatrick
     King (NY)
     Kirk
     Klein (FL)
     Kucinich
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee
     Levin
     Lewis (GA)
     Lipinski
     Loebsack
     Lofgren, Zoe
     Lowey
     Lynch
     Maloney (NY)
     Markey
     Matsui
     McCarthy (NY)
     McCollum (MN)
     McDermott
     McGovern
     McNulty
     Meeks (NY)
     Miller (NC)
     Miller, George
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Nadler
     Napolitano
     Neal (MA)
     Olver
     Pallone
     Pascrell
     Pastor
     Payne
     Perlmutter
     Price (NC)
     Ramstad
     Rangel
     Richardson
     Rothman
     Roybal-Allard
     Ruppersberger
     Rush
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Shays
     Sherman
     Slaughter
     Smith (NJ)
     Smith (WA)
     Snyder
     Solis
     Speier
     Stark
     Sutton
     Tauscher
     Thompson (MS)
     Tierney
     Towns
     Tsongas
     Van Hollen
     Velazquez
     Visclosky
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Wexler
     Woolsey
     Wu
     Yarmuth

                        ANSWERED ``PRESENT''--1

       
     Obey
       

                             NOT VOTING--14

     Bishop (NY)
     Brady (TX)
     Cantor
     Cleaver
     Cubin
     Dreier
     Ehlers
     Hoekstra
     Hulshof
     King (IA)
     Lampson
     Neugebauer
     Pitts
     Regula

                              {time}  1116

  Mr. HARE changed his vote from ``aye'' to ``no.''
  So the bill was passed.
  The result of the vote was announced as above recorded.
  The title was amended so as to read: ``A bill to restore Second 
Amendment rights in the District of Columbia.''.
  A motion to reconsider was laid on the table.
  Stated against:
  Mr. SIRES. Mr. Speaker, when I voted on final passage of H.R. 6842, 
the Second Amendment Enforcement Act, I incorrectly voted aye. I meant 
to vote no on final passage of that bill.
  Mr. ETHERIDGE. Mr. Chairman, earlier today, the House took sequential 
votes on an amendment to and final passage of the National Capital 
Security and Safety Act, H.R. 6842. On roll number 601 when I cast my 
vote on final passage an ``aye'' vote was recorded when a ``no'' vote 
should have been recorded.

                          ____________________