[House Report 110-852]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     110-852

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  PROVIDING FOR 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

                                _______
                                

 September 15, 2008.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

   Mr. McGovern, from the Committee on Rules, submitted the following

                              R E P O R T

                      [To accompany H. Res. 1434]

    The Committee on Rules, having had under consideration 
House Resolution 1434, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 6842, the 
``National Capital Security and Safety Act,'' under a 
structured rule. The rule provides one hour of general debate 
equally divided and controlled by the chairman and ranking 
minority member of the Committee on Oversight and Government 
Reform. The rule waives all points of order against 
consideration of the bill except clauses 9 and 10 of rule XXI. 
The rule provides that the amendment recommended by the 
Committee on Oversight and Government Reform, now printed in 
the bill, shall be considered as adopted in the House and the 
Committee of the Whole. The rule provides that the bill, as 
amended, shall be considered as an original bill for the 
purpose of further amendment and shall be considered as read. 
All points of order against provisions of the bill, as amended, 
are waived. This waiver does not affect the point of order 
available under clause 9 of rule XXI (regarding earmark 
disclosure).
    The rule makes in order only the amendment in the nature of 
a substitute printed in this report. The amendment may be 
offered only by the Member designated in this report, shall be 
considered as read, shall be debatable for the time specified 
in this report equally divided and controlled by the proponent 
and an opponent, and shall not be subject to amendment. All 
points of order against the amendment except for clauses 9 and 
10 of rule XXI are waived. The rule provides one motion to 
recommit with or without instructions. The rule provides that, 
notwithstanding the operation of the previous question, the 
Chair may postpone further consideration of the bill to a time 
designated by the Speaker.

                         EXPLANATION OF WAIVERS

    The waiver of all points of order against consideration of 
the bill (except for clauses 9 and 10 of rule XXI) includes a 
waiver of clause 4(a) of rule XIII, requiring a three-day 
layover of the committee report. Although the rule waives all 
points of order against provisions of the bill, as amended, the 
Committee is not aware of any points of order. The waiver of 
all points of order is prophylactic.

  SUMMARY OF THE AMENDMENT IN THE NATURE OF A SUBSTITUTE MADE IN ORDER

    The substitute repeals the District of Columbia semi-
automatic weapons ban, restores the right of self-defense in 
the home, authorizes purchases of firearms by law-abiding D.C. 
residents through the purchase of weapons from federally 
approved firearm dealers in Maryland and Virginia, and repeals 
the firearm registration requirement currently in place in the 
District of Columbia. (60 minutes)

   TEXT OF THE AMENDMENT IN THE NATURE OF A SUBSTITUTE MADE IN ORDER

 An Amendment To Be Offered by Representative Childers of Mississippi, 
               or His Designee, Debatable for 60 Minutes

  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--
          (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,''.
          Amend the title so as to read: ``A bill to restore 
        Second Amendment rights in the District of Columbia.''.

                                  
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