Second Amendment Enforcement Act - Amends specified law prohibiting the killing of wild birds and wild animals in the District of Columbia to declare that nothing in it or any other provision of law shall authorize or 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 not prohibited from possessing firearms under federal law from acquiring, possessing in their homes or businesses, transporting for legitimate purposes, or using for sporting, self-protection or other lawful purposes, any firearm neither prohibited by federal law nor subject to 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.
Declares that nothing in such prohibitions shall be construed to prohibit the District from regulating 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.
Amends the Firearms Control Regulations Act of 1975 (FCRA) to repeal the definition of a machine gun as 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.)
Redefines "machine gun" as 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. Includes also 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.
Repeals the District's: (1) registration requirement for possession of firearms; and (2) requirement that licensed firearms dealers keep records of ammunition received into inventory and ammunition sold or transferred.
Maintains the current ban on the possession and control of a sawed-off shotgun, machine gun, or short-barreled rifle.
Permits a licensed firearms dealer to sell or transfer ammunition, excluding restricted pistol bullets, to persons not otherwise prohibited from possessing or receiving ammunition.
Declares that, in the case of a sale or transfer of a handgun to a District resident, a federally licensed importer, manufacturer, or dealer of firearms in Maryland or Virginia shall be treated as a dealer licensed under this Act if: (1) the transferee meets in person with the transferor to accomplish the transfer; and (2) the sale, delivery, and receipt fully comply with the legal conditions of sale in both the District and the jurisdiction in which the transfer occurs.
Amends FCRA to allow an individual to possess ammunition in the District if the individual owns (currently, holds the valid registration certificate for) a firearm of the same gauge or caliber as such ammunition. (In effect, repeals the handgun ammunition ban.)
Repeals the requirement that firearms in the possession of individuals (other than law enforcement personnel) must be kept unloaded, disassembled, or with the trigger locked, unless the firearm is kept at an individual's place of business, or while being used for lawful recreational purposes within the District .
Continues current criminal penalties for allowing access of a minor (under age 16) to loaded firearms, except in specified circumstances. Repeals increased penalties for violations of the prohibition against allowing access of a minor to loaded firearms if injury or death results to the minor or another person. Requires the U.S. attorney, however, to consider both the extent of the minor's injuries and the effect of the minor's injury or death on both of the minor's parents when deciding whether to file charges. Prohibits any prosecution in such circumstances unless the person who committed the violation behaved in a grossly negligent manner, or unless similarly egregious circumstances exist.
Eliminates criminal penalties for possessing an unregistered firearm.
Amends the District of Columbia Code to: (1) allow private persons or entities owning property in the District to prohibit or restrict the possession of firearms on their property (other than authorized law enforcement personnel or lessees occupying residential or business premises); (2) prohibit unauthorized carrying of rifles or shotguns in the District; (3) authorize certain individuals to carry firearms in certain places and for certain purposes; (4) prescribe requirements for lawful transportation of firearms; and (5) prohibit the use of toy and antique pistols to commit a violent or dangerous crime.
Authorizes the District of Columbia to prohibit or restrict the possession of firearms (except to lessees occupying residential or business premises) within any building or structure under its control, or in any area of it, which has implemented security measures to identify and exclude unauthorized or hazardous persons or articles.
Amends the Office of Administrative Hearings Establishment Act of 2001 to grant jurisdiction to the Office of Administrative Hearings to hear cases pertaining to denial or revocation of firearm dealer licenses.
Repeals the Firearms Registration Amendment Act of 2008 and the Inoperable Pistol Amendment Act of 2008. Restores and revives any provision of law amended or repealed by such Acts as if such Acts had not been enacted into law.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5150 Introduced in House (IH)]
111th CONGRESS
2d Session
H. R. 5150
To restore Second Amendment rights in the District of Columbia.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 27, 2010
Mr. Childers introduced the following bill; which was referred to the
Committee on Oversight and 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 title may be cited as the ``Second Amendment Enforcement
Act''.
SEC. 2. CONGRESSIONAL FINDINGS.
Congress finds the following:
(1) 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.
(2) The District of Columbia has among the highest per
capita murder rates 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.
(3) 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.
(4) 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 DC 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, transporting for legitimate purposes, 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
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 DC 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. 5. REPEAL REGISTRATION REQUIREMENT AND AUTHORIZE 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 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) in subsection (b), by adding at the end the
following new paragraph:
``(3) Ammunition, excluding restricted pistol bullets, to
any person not otherwise prohibited from possessing or
receiving ammunition.'';
(C) by amending subsection (c) to read as follows:
``(c) Any dealer licensed under the provisions of this Act 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. 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.'';
(D) by striking subsection (d); and
(E) 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(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 amended to read as follows:
``penalties for allowing access of minors to loaded firearms if injury
results
``Sec. 702. (a) In General.--A person in the District of Columbia
is guilty of unlawful storage of a firearm if--
``(1) the person knowingly stores or leaves a loaded
firearm at any premises under the person's control;
``(2) the person knows or reasonably should know that a
minor is likely to gain access to the firearm without the
permission of the minor's parent or legal guardian; and
``(3) the minor kills or injures any person (including the
minor) by discharging the firearm.
``(b) Exceptions.--This section does not apply if--
``(1) the firearm was stored in a securely locked container
and the person did not inform the minor of the location of the
key to, or the combination of, the container's lock;
``(2) the firearm was secured by a trigger lock and the
person did not inform the minor of the location of the key to,
or the combination of, the trigger lock;
``(3) the firearm was stored on the person's body or in
such proximity to the person that it could be used as quickly
and as easily as if it were on the person's body;
``(4) the minor's access to the firearm was a result of an
unlawful entry;
``(5) when discharging the firearm, the minor was acting in
lawful self-defense or in defense of another;
``(6) when discharging the firearm, the minor was engaged
in hunting or target or sport shooting under the supervision of
the minor's parent or guardian, or under the supervision of
another person over the age of 18 with the parent's or
guardian's consent; or
``(7) the firearm is in the possession or control of a law
enforcement officer while the officer is engaged in official
duties.
``(c) Minor Defined.--In this section, the term `minor' means an
individual under 16 years of age.
``(d) Penalty.--A person who violates this section shall be subject
to a fine not exceeding $1,000, a term of imprisonment not exceeding
one year, or both.
``(e) Special Rule if Victim of Shooting Is Child of Person
Committing Violation.--If a violation of this section leads to the
accidental shooting of a minor who is the child of the person who
committed the violation, the United States attorney shall consider both
the extent of the minor's injuries and the effect of the minor's injury
or death on both of the minor's parents when deciding whether to file
charges under this section. No prosecution shall be brought in such
circumstances unless the person who committed the violation behaved in
a grossly negligent manner, or unless similarly egregious circumstances
exist.''.
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 by striking
paragraph (2) and redesignating paragraph (3) as paragraph (2).
(b) Effective Date.--The amendment 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. REGULATING INOPERABLE PISTOLS AND HARMONIZING DEFINITIONS FOR
CERTAIN TYPES OF FIREARMS.
Section 1 of the Act of July 8, 1932 (sec. 22-4501, D.C. Official
Code) is amended as follows:
(1) Insert after paragraph (2) the following new paragraph:
``(2A) `Firearm' 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. Such term does not include--
``(A) a destructive device, as defined in section
101(7) of the Firearms Control Regulations Act of 1975;
``(B) a device used exclusively for line throwing,
signaling, or safety, and required or recommended by
the Coast Guard or Interstate Commerce Commission; or
``(C) a device used exclusively for firing
explosive rivets, stud cartridges, or similar
industrial ammunition and incapable for use as a
weapon.''.
(2) Amend paragraph (4) to read as follows:
``(4) `Machine gun' has the meaning given such term in
section 101(10) of the Firearms Control Regulations Act of
1975.''.
(3) Amend paragraph (6) to read as follows:
``(6) `Pistol' has the meaning given such term in section
101(12) of the Firearms Control Regulations Act of 1975.''.
(4) Insert after paragraph (6) the following new paragraph:
``(6A) `Place of business' has the meaning given such term
in section 101(12A) of the Firearms Control Regulations Act of
1975.''.
(5) Amend paragraph (8) to read as follows:
``(8) `Sawed-off shotgun' has the meaning given such term
in section 101(15) of the Firearms Control Regulations Act of
1975.''.
(6) Insert after paragraph (9) the following new paragraph:
``(9A) `Shotgun' has the meaning given such term in section
101(16) of the Firearms Control Regulations Act of 1975.''.
SEC. 10. PROHIBITIONS OF FIREARMS FROM PRIVATE AND SENSITIVE PUBLIC
PROPERTY.
The Act of July 8, 1932 (sec. 22-4501 et seq., D.C. Official Code),
is amended by inserting after section 3 the following new section:
``prohibitions of firearms from private and sensitive public property
``Sec. 3A. (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, which has
implemented security measures (including but not limited to 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. 11. REGULATING THE CARRYING OF FIREARMS.
(a) Carrying Rifles or Shotguns.--Section 4 of the Act of July 8,
1932 (sec. 22-4504, D.C. Official Code), is amended by inserting after
subsection (a) the following new subsection:
``(a-1) Except as otherwise permitted by law, no person shall carry
within the District of Columbia a rifle or shotgun. A person who
violates this subsection shall be subject, as applicable, to the
criminal penalties set forth in section 15 and paragraph (2) of
subsection (a).''.
(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 new sections:
``authority to carry firearm in certain places and for certain purposes
``Sec. 4A. 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) by invitation on land owned or lawfully possessed by
another;
``(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.
``lawful transportation of firearms
``Sec. 4B. (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 of such Act (sec. 22-4505, D.C. Official Code) is amended--
(1) in subsection (a), by striking ``pistol unloaded and in
a secure wrapper from'' and inserting ``firearm, transported in
accordance with section 4b, from''; and
(2) in subsection (a), by striking ``pistol'' each place it
appears and inserting ``firearm''.
SEC. 12. 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. 13. PROVIDING JURISDICTION TO OFFICE OF ADMINISTRATIVE HEARINGS TO
HEAR CASES PERTAINING TO DENIAL OR REVOCATION OF FIREARM
DEALER LICENSES.
Section 6 of the Office of Administrative Hearings Establishment
Act of 2001 (D.C. Law 14-76; sec. 2-1831.03, D.C. Official Code) is
amended by inserting after subsection (b-1) the following new
subsection:
``(b-2) In addition to those adjudicated cases listed in
subsections (a), (b), and (b-1), this Act shall apply to all
adjudicated cases involving the denial or revocation of a dealer
license pursuant to section 406 of the Firearms Control Regulations Act
of 1975.''.
SEC. 14. REPEALS OF DISTRICT OF COLUMBIA ACTS.
Effective on the day before the date of the enactment of this Act,
the Firearms Registration Amendment Act of 2008 (D.C. Law 17-372) and
the Inoperable Pistol Amendment Act of 2008 (D.C. Law 17-388) are
repealed, and any provision of law amended or repealed by either of
such Acts is restored or revived as if such Acts had not been enacted
into law.
SEC. 15. SEVERABILITY.
Notwithstanding any other provision of this Act, if any provision
of this Act, or any amendment made by this Act, or the application of
such provision or amendment to any person or circumstance is held to be
unconstitutional, the other provisions of this Act and any other
amendments made by this Act, and the application of such provision or
amendment to other persons or circumstances, shall not be affected
thereby.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Oversight and Government Reform.
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