District of Columbia Personal Protection Act - (Sec. 3) Amends the District of Columbia Code to provide that the D.C. Council's regulatory authority regarding firearms, explosives, and weapons in the District shall not be construed to permit the Council, the Mayor, or any governmental or regulatory authority of the District to prohibit, constructively prohibit, or unduly burden the ability of persons otherwise permitted to possess 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 regulated by the National Firearms Act. Denies the District any authority to enact laws or regulations that discourage or eliminate the private ownership or use of firearms.
(Sec. 4) Amends the Firearms Control Regulations Act of 1975 to repeal the portion of the definition of a machine gun that specifies any firearm which shoots, is designed to shoot, or can be readily converted or restored to shoot semiautomatically, more than 12 shots without manual reloading. (Thus repeals the ban on semiautomatic weapons. Retains the ban on automatic weapons.)
(Sec. 5) Repeals the District's: (1) registration requirement for possession of firearms; (2) prohibition on registration of pistols (handguns); (3) prohibition on possession of handgun ammunition; (4) requirement that, under certain conditions, firearms in the possession of certain individuals must be kept unloaded, disassembled, or with the trigger locked; and (5) related firearm registration requirements, such as those for applicant qualifications and filing deadline.
Maintains the current ban on the possession and control of a sawed-off shotgun, machine gun, or short-barreled rifle.
(Sec. 9) Eliminates criminal penalties for possessing an unregistered firearm.
(Sec. 10) Amends the District of Columbia Code to eliminate criminal penalties of a fine of up to $5,000 or five years imprisonment, or both, for carrying a firearm (currently, carrying a pistol) whether loaded or unloaded outside one's dwelling house, place of business, or on other land possessed by such person. (Retains the criminal penalties for the basic offense of carrying a concealed weapon of a fine of up to $1,000 or imprisonment for up to one year, or both, for a first offense, as well as a fine of up to $10,000 or ten years imprisonment, or both, for a repeat offense.)
Replaces pistol with firearm regarding the exceptions to criminal penalties for a person carrying such weapon either openly or concealed within the District without a license issued pursuant to D.C. law.
Modifies the exception to the prohibition against carrying concealed weapons to include: (1) persons carrying or transporting a firearm used in connection with an organized military activity, a target shoot, formal or informal target practice, sport shooting event, hunting, a firearms or hunter safety class, trapping, or a dog obedience training class or show; (2) the moving by a bona fide gun collector of part or all of the collector's gun collection from place to place for public or private exhibition while the person is engaged in, on the way to, or returning from that activity if each firearm is unloaded and carried in an enclosed case or an enclosed holster; or (3) persons carrying or transporting a firearm in compliance with the Federal criminal code.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3193 Introduced in House (IH)]
108th CONGRESS
1st Session
H. R. 3193
To restore second amendment rights in the District of Columbia.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 25, 2003
Mr. Souder (for himself, Mr. Ross, Mr. DeMint, Mr. Burton of Indiana,
Mr. Stenholm, Mr. Sam Johnson of Texas, Mr. Goode, Mr. Holden, Mr.
Sessions, Mr. Berry, Mr. Johnson of Illinois, Mr. Bishop of Georgia,
Mr. Cannon, Mr. Cramer, Mr. Wilson of South Carolina, Mr. John, Mrs. Jo
Ann Davis of Virginia, Mr. Platts, Mr. Reyes, Mr. Lewis of Kentucky,
Mr. Putnam, Mr. Matheson, Mr. Paul, Mr. Hall, Mr. Michaud, Mr. Ortiz,
Mrs. Blackburn, Mr. Mica, Mr. Deal of Georgia, Mr. Istook, Mr. Ney, Mr.
Goodlatte, Mr. Schrock, Mr. Porter, Mr. Hensarling, Mr. Carter, Mr.
Sandlin, Mr. Brady of Texas, Mr. Burgess, Mr. Rehberg, Mr. Smith of
Texas, Mr. Vitter, Mr. Everett, Mr. Sullivan, Mrs. Miller of Michigan,
Mr. Peterson of Minnesota, Mr. Carson of Oklahoma, Mr. Alexander, Mr.
Turner of Texas, Mr. Davis of Tennessee, Mr. Otter, Mr. Green of Texas,
Mr. Barton of Texas, Mr. Gingrey, Mrs. Cubin, Mr. Bachus, Mr. Duncan,
Mr. Janklow, Mr. Boucher, Mr. Marshall, Mr. Ryan of Ohio, and Mr.
Toomey) introduced the following bill; which was referred to the
Committee on Government Reform
_______________________________________________________________________
A BILL
To restore second amendment rights in the District of Columbia.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``District of Columbia Personal
Protection 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) 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
rest of the United States for sporting use and for lawful
defense of persons, homes, 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 disarm law-abiding citizens.
(6) Legislation is required to correct the District of
Columbia's law in order to restore the 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: ``This section shall not 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
otherwise permitted to possess 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 regulated by 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.''.
SEC. 4. REPEAL 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 converted or restored to
shoot automatically, more than 1 shot by a single function of
the trigger.''.
SEC. 5. REPEAL REGISTRATION REQUIREMENT.
(a) 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).''.
(b) 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.''.
SEC. 6. REPEAL HANDGUN AMMUNITION BAN.
Section 601 of the Firearms Control Regulations Act of 1975 (sec.
7-2506.01, D.C. Official Code) is repealed.
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. ADDITIONAL REPEALS.
Sections 202 through 211 of the Firearms Control Regulations Act of
1975 (secs. 7-2502.02 through 7-2502.11, D.C. Official Code) are
repealed.
SEC. 9. 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. 10. REMOVE CRIMINAL PENALTIES FOR CARRYING A PISTOL 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 inserting ``,
except in his dwelling house or place of business or on other
land possessed by that person, whether loaded or unloaded,''
before ``a pistol''; and
(2) by striking ``except that:'' and all that follows
through ``(2) If the violation'' and inserting ``except that if
the violation''.
(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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Government Reform.
Rules Committee Resolution H. Res. 803 Reported to House. Rule provides for consideration of H.R. 3193 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. A specified amendment is in order.
Rule H. Res. 803 passed House.
Considered under the provisions of rule H. Res. 803. (consideration: CR H7741-7749; text of measure as introduced: CR H7758)
Rule provides for consideration of H.R. 3193 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read.
DEBATE - The House proceeded with one hour of debate on H.R. 3193.
DEBATE - The House continued with debate on H.R. 3193.
The previous question was ordered pursuant to the rule.
POSTPONED ROLL CALL VOTE - The Chair put the question on passage of the bill H.R. 3193, and by voice vote, announced that the ayes had prevailed. Mr. Souder demanded a recorded vote and the Chair postponed further proceedings on the question of passage until later in the legislative day.
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Considered as unfinished business. (consideration: CR H7758-7776)
Passed/agreed to in House: On passage Passed by recorded vote: 250 - 171, 1 Present (Roll no. 477).(text: CR H7758-7759)
Roll Call #477 (House)On passage Passed by recorded vote: 250 - 171, 1 Present (Roll no. 477). (text: CR H7758-7759)
Roll Call #477 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate.