Second Amendment Enforcement Act of 2017
This bill declares that a Washington, DC statute that prohibits the killing of wild birds and wild animals in DC does not authorize the DC Council, Mayor, or any DC governmental or regulatory authority to prohibit or unduly burden the ability of persons otherwise not prohibited from possessing firearms under federal law from acquiring or using for lawful purposes any firearm neither prohibited by federal law nor subject to the National Firearms Act. DC is denied authority to enact laws or regulations that discourage or eliminate the private ownership or use of firearms for legitimate purposes.
The bill: (1) amends the Firearms Control Regulations Act of 1975 (FCRA) to repeal DC's registration requirement for possession of firearms, and (2) maintains the current ban on the possession and control of a sawed-off shotgun, machine gun, or short-barreled rifle.
This bill prohibits dealing, importing, or manufacturing firearms without complying with federal law requirements.
In the case of a sale or transfer of a handgun to a DC resident, a federally licensed importer, manufacturer, or dealer of firearms in Maryland or Virginia shall be treated as a dealer licensed in DC if certain requirements are met.
The bill prohibits selling, transferring or otherwise disposing of any firearm or ammunition to any person if the sellers or transferors know that such person is prohibited by federal law from possessing or receiving it.
Individuals prohibited from possessing a firearm by federal law are barred from possessing a firearm in DC.
The bill repeals specified DC policies and requirements regarding the keeping or storing of firearms and eliminates criminal penalties for possession of unregistered firearms.
The bill amends the District of Columbia Code to: (1) allow DC property owners to prohibit or restrict the possession of firearms on their property, (2) authorize certain individuals to carry firearms in certain places and for certain purposes, (3) prescribe requirements for lawful transportation of firearms, and (4) prohibit the use of toy and antique pistols to commit a violent or dangerous crime.
DC is authorized to prohibit or restrict the possession of firearms, except to certain lessees, within any building or structure under its control that has implemented security measures to identify and exclude unauthorized or hazardous persons or articles.
The DC Chief of Police shall issue a five-year license to carry a concealed pistol to any qualified individual who completes the application process.
The bill: (1) repeals FCRA requirements that a gun offender register and verify certain identifiable information with the Chief; and (2) repeals specified DC statutes in order to conform with this bill and restores any provision of law amended or repealed by such statutes as if they had not been enacted into law.
[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1537 Introduced in House (IH)]
<DOC>
115th CONGRESS
1st Session
H. R. 1537
To restore Second Amendment rights in the District of Columbia.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 15, 2017
Mr. Garrett (for himself and Mr. Jordan) 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 Act may be cited as the ``Second Amendment Enforcement Act of
2017''.
SEC. 2. CONGRESSIONAL FINDINGS.
Congress finds the following:
(1) The Supreme Court of the United States has confirmed
that the Second Amendment to the Constitution of the United
States protects a fundamental, individual right to keep and
bear arms independent of service in an organized militia.
(2) Federal courts have repeatedly found provisions of the
gun control laws of the District of Columbia to be
unconstitutional, most recently in the case of Palmer v.
District of Columbia, 59 F. Supp. 3d 173 (D.D.C. 2014), which
invalidated on Second Amendment grounds the District's total
ban on carrying firearms outside the home for self-defense.
Despite these reproofs, District officials have repeatedly and
publicly asserted their determination to continue passing laws
aimed at curbing the exercise of the right to keep and bear
arms by law-abiding residents and visitors.
(3) The law-abiding residents 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 remains one of the most
dangerous large cities in the United States. The District's gun
control regulations interfere with the right of law-abiding
residents and visitors to protect themselves from violent
crime.
(5) Federal law already provides comprehensive regulation
of the manufacture, sale, and possession of firearms, including
the licensing of commercial conduct. These regulations apply in
the District of Columbia, as elsewhere. The District's attempt
to expand upon these regulations with its own regulations has
created a confusing, onerous, and inhibiting environment for
individuals in the District who wish to engage in lawful
commercial activities relating to firearms.
(6) Legislation is required to correct the District of
Columbia's laws in order to restore the fundamental rights of
its residents under the Second Amendment and thereby enhance
public safety.
SEC. 3. REFORMING D.C. COUNCIL'S AUTHORITY TO RESTRICT FIREARMS.
Section 4 of the Act entitled ``An Act to prohibit the killing of
wild birds and wild animals in the District of Columbia'', approved
June 30, 1906 (34 Stat. 809; sec. 1-303.43, D.C. Official Code), is
amended by adding at the end the following: ``Nothing in this section
or any other provision of law shall authorize, or shall be construed to
permit, the Council, the Mayor, or any governmental or regulatory
authority of the District of Columbia to prohibit, constructively
prohibit, or unduly burden the ability of persons not prohibited from
possessing firearms under Federal law from acquiring, possessing in
their homes or businesses, carrying, transporting, or using for
sporting, self-protection, or other lawful purposes, any firearm
neither prohibited by Federal law nor subject to chapter 53 of the
Internal Revenue Code of 1986 (commonly referred to as the `National
Firearms Act'). The District of Columbia shall not have authority to
enact laws or regulations that discourage or eliminate the private
ownership or use of firearms for legitimate purposes.''.
SEC. 4. REPEAL OF D.C. SEMIAUTOMATIC BAN.
Section 101(10) of the Firearms Control Regulations Act of 1975
(sec. 7-2501.01(10), D.C. Official Code) is amended to read as follows:
``(10) `Machine gun' means any firearm which shoots, is
designed to shoot, or can be readily restored to shoot,
automatically more than one shot, without manual reloading, by
a single function of the trigger. The term `machine gun' shall
also include the frame or receiver of any such firearm, any
part designed and intended solely and exclusively, or
combination of parts designed and intended, for use in
converting a firearm into a machine gun, and any combination of
parts from which a machine gun can be assembled if such parts
are in the possession or under the control of a person.''.
SEC. 5. REPEAL OF REGISTRATION REQUIREMENT AND AUTHORIZATION OF
AMMUNITION SALES.
(a) Repeal of Requirement.--
(1) In general.--Section 201(a) of the Firearms Control
Regulations Act of 1975 (sec. 7-2502.01(a), D.C. Official Code)
is amended by striking ``any firearm, unless'' and all that
follows through paragraph (3) and inserting the following:
``any firearm described in subsection (c).''.
(2) Description of firearms remaining illegal.--Section 201
of the Firearms Control Regulations Act of 1975 (sec. 7-
2502.01, D.C. Official Code) is amended by adding at the end
the following:
``(c) A firearm described in this subsection is any of the
following:
``(1) A sawed-off shotgun.
``(2) A machine gun.
``(3) A short-barreled rifle.''.
(3) Conforming amendment.--The heading of section 201 of
the Firearms Control Regulations Act of 1975 (sec. 7-2502.01,
D.C. Official Code) is amended by striking ``registration
requirements'' and inserting ``firearm possession''.
(b) Conforming Amendments to Firearms Control Regulations Act.--The
Firearms Control Regulations Act of 1975 is amended--
(1) in section 101 (sec. 7-2501.01, D.C. Official Code), by
striking paragraph (13); and
(2) by repealing sections 202 through 211 (secs. 7-2502.02
through 7-2502.11, D.C. Official Code).
SEC. 6. REPEAL OF REDUNDANT DEALER LICENSING REQUIREMENT AND PROVISION
FOR THE LAWFUL SALE OF FIREARMS BY FEDERALLY LICENSED
DEALERS.
(a) Repeal of Requirement.--
(1) In general.--Section 401 of the Firearms Control
Regulations Act of 1975 (sec. 7-2504.01, D.C. Official Code) is
amended by striking ``(a) No person'' and all that follows and
inserting the following:
``(a) No person or organization shall engage in the business of
dealing, importing, or manufacturing firearms without complying with
the requirements of Federal law.
``(b) Any dealer who is in compliance with Federal law may sell or
otherwise transfer a firearm to any person or organization not
otherwise prohibited from possessing or receiving such firearm under
Federal law. In the case of a sale or transfer of a handgun to a
resident of the District of Columbia, a federally licensed importer,
manufacturer, or dealer of firearms in Maryland or Virginia shall be
treated as a dealer licensed under the provisions of this Act for
purposes of the previous sentence, notwithstanding section 922(b)(3) of
title 18, United States Code, if the transferee meets in person with
the transferor to accomplish the transfer, and the sale, delivery, and
receipt fully comply with the legal conditions of sale in both the
District of Columbia and the jurisdiction in which the transfer
occurs.''.
(2) Providing for the lawful sale of firearms.--Section 501
of the Firearms Control Regulations Act of 1975 (sec. 7-
2505.01, D.C. Official Code) is amended by striking ``,
destructive device or ammunition'' and all that follows and
inserting the following: ``or ammunition to any person if the
seller or transferor knows or has reasonable cause to believe
that such person is prohibited by Federal law from possessing
or receiving a firearm.''.
(b) Conforming Amendments to Firearms Control Regulations Act.--The
Firearms Control Regulations Act of 1975 is amended--
(1) by repealing sections 402 through 409 (secs. 7-2504.02
through 7-2504.09, D.C. Official Code);
(2) by repealing section 502 (sec. 7-2505.02, D.C. Official
Code);
(3) in section 701 (sec. 7-2507.01, D.C. Official Code)--
(A) in subsection (a), by striking ``firearm,
destructive device, or ammunition'' and inserting
``destructive device''; and
(B) in subsection (b), by striking ``, any firearm,
destructive device, or ammunition.'' and inserting
``any destructive device.''; and
(4) by repealing section 704 (sec. 7-2507.04, D.C. Official
Code).
(c) Other Conforming Amendments.--The Act of July 8, 1932 (47 Stat.
650, chapter 465; sec. 22-4501 et seq., D.C. Official Code), is
amended--
(1) in section 3 (sec. 22-4503, D.C. Official Code)--
(A) in subsection (a), by striking ``if the
person'' and all that follows and inserting ``if the
person is prohibited from possessing a firearm under
Federal law.'';
(B) in subsection (b)(1), by striking ``subsection
(a)(1)'' and inserting ``subsection (a)''; and
(C) by repealing subsections (c) and (d); and
(2) by repealing sections 7 through 10 (secs. 22-4507
through 22-4510, D.C. Official Code).
SEC. 7. HARMONIZATION OF D.C. LAW AND FEDERAL LAW REGARDING THE
POSSESSION OF AMMUNITION AND AMMUNITION FEEDING DEVICES.
Section 601 of the Firearms Control Regulations Act of 1975 (sec.
7-2506.01, D.C. Official Code) is amended by striking ``(a) No person''
and all that follows and inserting the following: ``No person who is
prohibited by Federal law from possessing a firearm shall possess
ammunition in the District of Columbia.''.
SEC. 8. RESTORATION OF RIGHT OF SELF DEFENSE IN THE HOME.
Section 702 of the Firearms Control Regulations Act of 1975 (sec.
7-2507.02, D.C. Official Code) is repealed.
SEC. 9. REMOVAL OF CRIMINAL PENALTIES FOR POSSESSION OF UNREGISTERED
FIREARMS AND CERTAIN AMMUNITION.
(a) In General.--Section 706 of the Firearms Control Regulations
Act of 1975 (sec. 7-2507.06, D.C. Official Code) is amended--
(1) by striking ``except that'' and all that follows
through ``A person who knowingly'' and inserting the following:
``except that a person who knowingly''; and
(2) by striking paragraphs (2) and (3).
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to any violation that occurs after the date that is
60 days after the date of enactment of this Act.
SEC. 10. REGULATING INOPERABLE PISTOLS AND HARMONIZING DEFINITIONS FOR
CERTAIN TYPES OF FIREARMS.
Section 1 of the Act of July 8, 1932 (47 Stat. 650, chapter 465;
sec. 22-4501, D.C. Official Code), is amended--
(1) by redesignating paragraph (1) as paragraph (1)(A);
(2) by inserting before paragraph (1)(A), as redesignated,
the following:
``(1) `Chief' shall have the same meaning as provided in
section 101(4) of the Firearms Control Regulations Act of 1975
(sec. 7-2501.01(4), D.C. Official Code).'';
(3) by inserting after paragraph (2) the following:
``(2A) `Firearm'--
``(A) means any weapon, regardless of operability,
which will, or is designed or redesigned, made or
remade, readily converted, restored, or repaired, or is
intended to, expel a projectile or projectiles by the
action of an explosive; and
``(B) does not include--
``(i) a destructive device, as defined in
section 101(7) of the Firearms Control
Regulations Act of 1975 (sec. 7-2501.01(7),
D.C. Official Code);
``(ii) a device used exclusively for line
throwing, signaling, or safety, and required or
recommended by the Coast Guard or Interstate
Commerce Commission; or
``(iii) a device used exclusively for
firing explosive rivets, stud cartridges, or
similar industrial ammunition and incapable for
use as a weapon.'';
(4) by inserting after paragraph (3) the following:
``(3A) `Licensee' means an individual holding a valid
license issued under the provisions of section 6 of the Act of
July 8, 1932 (sec. 22-4506, D.C. Official Code).'';
(5) by striking paragraph (4) and inserting the following:
``(4) `Machine gun' shall have the same meaning as provided
in section 101(10) of the Firearms Control Regulations Act of
1975 (sec. 7-2501.01(10), D.C. Official Code).'';
(6) by inserting after paragraph (4) the following:
``(4A) `Motor vehicle' shall have the meaning provided in
section 101(4) of the Department of Motor Vehicles Reform
Amendment Act of 2004 (sec. 50-1331.01(4), D.C. Official Code).
``(4B) `Out-of-state license' means a valid permit,
license, approval, or other authorization issued by a state or
territory of the United States that authorizes the licensee to
carry a pistol concealed on or about the person.
``(4C) `Out-of-state licensee' means an individual who is
21 years of age or over, who is not a District resident, and
who has been issued an out-of-state license.'';
(7) by striking paragraph (6) and inserting the following:
``(6) `Pistol' shall have the same meaning as provided in
section 101(12) of the Firearms Control Regulations Act of 1975
(sec. 7-2501.01(12), D.C. Official Code).'';
(8) by inserting after paragraph (6) the following:
``(6A) `Place of business' shall have the same meaning as
provided in section 101(12A) of the Firearms Control
Regulations Act of 1975 (sec. 7-2501.01(12A), D.C. Official
Code).'';
(9) by striking paragraph (8) and inserting the following:
``(8) `Sawed-off shotgun' shall have the same meaning as
provided in section 101(15) of the Firearms Control Regulations
Act of 1975 (sec. 7-2501.01(15), D.C. Official Code).''; and
(10) by inserting after paragraph (9) the following:
``(9A) `Shotgun' shall have the same meaning as provided in
section 101(16) of the Firearms Control Regulations Act of 1975
(sec. 7-2501.01(16), D.C. Official Code).''.
SEC. 11. PROHIBITIONS OF FIREARMS FROM PRIVATE AND SENSITIVE PUBLIC
PROPERTY.
The Act of July 8, 1932 (47 Stat. 650, chapter 465; sec. 22-4501 et
seq., D.C. Official Code), is amended by inserting after section 3 the
following:
``SEC. 3A. PROHIBITIONS OF FIREARMS FROM PRIVATE AND SENSITIVE PUBLIC
PROPERTY.
``(a) Private persons or entities owning property in the District
of Columbia may prohibit or restrict the possession of firearms on
their property by any persons, other than law enforcement personnel
when lawfully authorized to enter onto the property or lessees
occupying residential or business premises.
``(b) The District of Columbia may prohibit or restrict the
possession of firearms within any building or structure under its
control, or in any area of such building or structure, that has
implemented security measures (including guard posts, metal detection
devices, x-ray or other scanning devices, or card-based or biometric
access devices) to identify and exclude unauthorized or hazardous
persons or articles, except that no such prohibition or restriction may
apply to lessees occupying residential or business premises.''.
SEC. 12. RECOGNIZING THE RIGHT OF LAW-ABIDING INDIVIDUALS TO CARRY AND
TRANSPORT FIREARMS FOR LEGITIMATE PURPOSES.
(a) Licenses To Carry Pistols.--Section 6 of the Act of July 8,
1932 (47 Stat. 650, chapter 465; sec. 22-4506, D.C. Official Code), is
amended to read as follows:
``SEC. 6. ISSUE OF LICENSES TO CARRY PISTOL.
``(a) Issuance and Scope of License.--
``(1) In general.--The Chief shall issue a license to carry
a pistol concealed on or about the person to any individual
who--
``(A) is not disqualified under subsection (d); and
``(B) completes the application process specified
in subsection (g).
``(2) Requirements for license.--A license to carry a
pistol issued under this section shall meet the requirements
specified in subsection (c).
``(3) Protection from other conditions, limitations, and
requirements.--The Chief may not impose conditions,
limitations, or requirements that are not expressly provided
for in this section on the issuance, scope, effect, or content
of a license.
``(4) School zones.--For purposes of section
922(q)(2)(B)(ii) of title 18, United States Code, an individual
who possesses a firearm in a school zone in the District of
Columbia and who is licensed under this section or is an out-
of-state licensee shall be considered licensed by the District
of Columbia.
``(b) Carrying a Pistol; Possession and Display of License Document
or Authorization.--
``(1) Carrying a pistol.--A licensee or an out-of-state
licensee may carry a pistol anywhere in the District of
Columbia except as otherwise prohibited by law or by a
limitation or prohibition established pursuant to section 11 of
this Act (sec. 22-4511, D.C. Official Code).
``(2) Possession and display of license document or
authorization.--A licensee shall have with him or her his or
her license document and government-issued photographic
identification card and an out-of-state licensee shall have
with him or her his or her out-of-state license and government-
issued photographic identification card at all times during
which he or she is carrying a pistol in any location other than
on or in real property owned or leased by the licensee or out-
of-state licensee.
``(c) License Document; Content of License.--
``(1) Design of license document.--Subject to paragraphs
(2) and (3), the Chief shall--
``(A) design a single license document for licenses
issued and renewed under this section; and
``(B) complete the design of the license document
not later than 60 days after the date of enactment of
the Second Amendment Enforcement Act of 2017.
``(2) Required content of license.--A license document for
a license issued under this section shall contain all of the
following on one side:
``(A) The full name, date of birth, and residence
address of the licensee.
``(B) A physical description of the licensee,
including sex, height, and eye color.
``(C) The date on which the license was issued.
``(D) The date on which the license expires.
``(E) The words `District of Columbia'.
``(F) A unique identification number for the
licensee.
``(3) Prohibited content of license.--A license document
for a license issued under this section may not contain the
licensee's social security number.
``(d) Restrictions on Issuing a License.--The Chief shall issue a
license under this section to an individual who submits an application
under subsection (g) unless the individual--
``(1) is less than 21 years of age;
``(2) is prohibited under Federal law or court order from
possessing or receiving a firearm; or
``(3) has not provided proof of training as described under
subsection (e).
``(e) Training Requirements.--An individual may meet proof of
training requirement under subsection (d)(3) by providing--
``(1) a copy of a document, or an affidavit from an
instructor or organization that conducted the course or
program, that indicates the individual completed--
``(A) a hunter education program;
``(B) a firearms safety or training course that is
conducted by a national or state organization that
certifies firearms instructors;
``(C) a firearms safety or training course that--
``(i) is available to the public; and
``(ii)(I) is offered by a law enforcement
agency; or
``(II) if taught by an instructor who is
certified by a national or state organization
that certifies firearms instructors, is offered
by--
``(aa) a technical college;
``(bb) a college or a university;
``(cc) a private or public
institution or organization; or
``(dd) a firearms training school;
``(D) a firearms safety or training course that is
offered to--
``(i) law enforcement officers; or
``(ii) owners and employees of licensed
private detective and security agencies; or
``(E) a firearms safety or training course that is
conducted by a firearms instructor who is certified
by--
``(i) a national or state organization that
certifies firearms instructors; or
``(ii) the Chief;
``(2) documentation that the individual completed military,
law enforcement, or security training that gave the individual
experience with firearms that is substantially equivalent to a
course or program under paragraph (1);
``(3) a current or expired license, or a photocopy of a
current or expired license, that the individual holds or has
held that indicates that the individual is licensed or has been
licensed to carry a firearm in the District of Columbia or in
another state unless the license has been revoked for cause; or
``(4) documentation of completion of small arms training
while serving in the Armed Forces of the United States,
including the National Guard and reserve components, as
demonstrated by--
``(A) documentation that the individual was
discharged or released from the Armed Forces under
honorable conditions; or
``(B) a certificate of completion of basic training
with a service record of successful completion of small
arms training and certification.
``(f) Application and Renewal Forms.--
``(1) Design.--The Chief shall design an application form
for use by individuals who apply for a license under this
section and a renewal form for use by individuals applying for
renewal of a license under subsection (o).
``(2) Deadlines.--The Chief shall complete the design of--
``(A) the application form not later than 60 days
after the date of enactment of the Second Amendment
Enforcement Act of 2017; and
``(B) the renewal form not later than 4 years from
the date of enactment of the Second Amendment
Enforcement Act of 2017.
``(3) Contents.--The forms described in this subsection
shall--
``(A) require the applicant to provide only his or
her name, address, date of birth, state identification
card number, race, sex, height, eye color, and, if the
applicant is not a United States citizen, his or her
alien or admission number; and
``(B) include--
``(i) a statement that the applicant is
ineligible for a license if subsection (d)
applies to the applicant;
``(ii) a statement explaining the laws of
self-defense and defense of others in the
District of Columbia, with a place for the
applicant to sign his or her name to indicate
that he or she has read and understands the
statement;
``(iii) a statement, with a place for the
applicant to sign his or her name, to indicate
that the applicant has read and understands the
requirements of this section;
``(iv) a statement that the applicant may
be prosecuted if he or she intentionally gives
a false answer to any question on the
application or intentionally submits a
falsified document with the application;
``(v) a statement of the penalties for
intentionally giving a false answer to any
question on the application or intentionally
submitting a falsified document with the
application; and
``(vi) a statement describing the places in
which a person may be prohibited from carrying
a pistol even with a license, with a place for
the applicant to sign his or her name to
indicate that he or she has read and
understands the statement.
``(4) Availability of forms.--The Chief shall make the
forms described in this subsection available on the Internet
and, upon request, by mail.
``(g) Submission of Application.--An individual may apply to the
Chief for a license under this section by submitting to the Chief, by
mail or other means made available by the Chief--
``(1) a completed application in the form prescribed under
subsection (f);
``(2) a statement that states that the information that the
individual is providing in the application submitted under
paragraph (1) and any document submitted with the application
is true and complete to the best of his or her knowledge;
``(3) a license fee in an amount that is equal to the
lesser of--
``(A) the cost of issuing the license; or
``(B) $50;
``(4) a fee for a background check under subsection (i)
that is not greater than $25; and
``(5) proof of training as described under subsection (e).
``(h) Processing of Application.--
``(1) Background check.--If a person submits a complete
application under subsection (g) and is not prohibited from
obtaining a license under paragraph (1) or (3) of subsection
(d), the Chief shall conduct a background check in accordance
with subsection (i) upon receiving the application.
``(2) Deadline.--Not later than 21 days after the date on
which the Chief receives a complete application submitted under
subsection (g), the Chief shall--
``(A) except as provided in subparagraph (B), issue
the license and promptly send the licensee his or her
license document by first-class mail; or
``(B) if subsection (d) applies to the applicant,
deny the application in accordance with paragraph (3).
``(3) Denial.--If the Chief denies an application submitted
under subsection (g), the Chief shall inform the applicant of
the denial in writing, stating the reason and factual basis for
the denial and the availability of an appeal under subsections
(m) and (n).
``(i) Background Checks.--
``(1) In general.--The Chief shall conduct a background
check on an applicant by contacting the National Instant
Criminal Background Check System to determine whether
subsection (d)(2) applies to the applicant.
``(2) Confirmation number.--The Chief shall create a
confirmation number associated with each applicant.
``(3) Result.--As soon as practicable after conducting a
background check under paragraph (1), the Chief shall--
``(A) if the background check indicates that
subsection (d)(2) applies to the applicant, create a
unique nonapproval number for the applicant; or
``(B) if the background check does not indicate
that subsection (d)(2) applies to the applicant, create
a unique approval number for the applicant.
``(4) Record.--The Chief shall maintain--
``(A) a record of all complete application forms
submitted under subsection (g); and
``(B) a record of all approval or nonapproval
numbers regarding background checks conducted under
this subsection.
``(j) Maintenance, Use, and Publication of Records by the Chief.--
``(1) Maintenance of record.--
``(A) In general.--The Chief shall maintain a
computerized record listing the name and application
information of each individual who has been issued a
license under this section.
``(B) Restriction.--Subject to paragraph (3), the
Chief may not store, maintain, format, sort, or access
the information described in paragraph (1) in any
manner other than by--
``(i) the names, dates of birth, or sex of
licensees; or
``(ii) the identification numbers assigned
to licensees under subsection (i).
``(2) Use by law enforcement.--A law enforcement officer
may not request or be provided information maintained in the
record under paragraph (1) concerning a specific individual
except for one of the following purposes:
``(A) To confirm that a license produced by an
individual is valid.
``(B) If an individual is carrying a pistol and
claims to hold a valid license issued under this
section, but does not have his or her license document,
to confirm that the individual holds a valid license.
``(C) To investigate whether an individual
submitted an intentionally false statement.
``(D) To investigate whether an individual complied
with a requirement to surrender his or her license in
accordance with this section.
``(3) Freedom of information.--Notwithstanding the Freedom
of Information Act of 1976 (sec. 2-531 et seq., D.C. Official
Code), information obtained under this section may not be made
available to the public except--
``(A) in the context of a prosecution for an
offense in which a person's status as a licensee is
relevant; or
``(B) through a report created by the Chief that
shows the number of licenses issued, revoked, or
suspended, but excludes any identifying information
about individual licensees.
``(k) Lost or Destroyed License.--
``(1) In general.--If a license document is lost, a
licensee no longer has possession of his or her license
document, or a license document is destroyed, unreadable, or
unusable, a licensee who wishes to obtain a replacement license
document shall submit to the Chief--
``(A) a statement requesting a replacement license
document;
``(B) the license document or any portions of the
license document that remain; and
``(C) a $12 replacement fee.
``(2) Issuance.--Not later than 14 days after the date on
which the Chief receives a statement, license document or
portions thereof (if any), and fee submitted by a licensee
under paragraph (1), the Chief shall issue a replacement
license document to the licensee.
``(3) Absence of original license document.--If a licensee
does not submit the original license document to the Chief
under paragraph (1), the Chief shall terminate the unique
approval number of the original request and issue a new unique
approval number for the replacement license document.
``(l) License Revocation and Suspension.--
``(1) Revocation.--The Chief shall revoke a license issued
under this section if the Chief determines that subsection (d)
applies to the licensee.
``(2) Suspension.--
``(A) In general.--The Chief shall suspend a
license issued under this section if a court prohibits
the licensee from possessing a firearm.
``(B) Restoration.--The Chief shall restore a
suspended license not later than 5 business days after
the date on which the Chief is notified that the
licensee is no longer subject to the prohibition
described in subparagraph (A) if--
``(i) subsection (d) does not apply to the
individual; and
``(ii) the suspended license has not
expired under subsection (o).
``(3) Procedures.--
``(A) Notice.--If the Chief suspends or revokes a
license under this subsection, the Chief shall send by
mail to the individual whose license has been suspended
or revoked notice of the suspension or revocation not
later than 1 day after the suspension or revocation.
``(B) Effective date.--If the Chief suspends or
revokes a license under this subsection, the suspension
or revocation shall take effect on the date on which
the individual whose license has been suspended or
revoked receives the notice under subparagraph (A).
``(C) Delivery of license document to chief.--Not
later than 7 days after the date on which an individual
whose license has been suspended or revoked receives
the notice under subparagraph (A), the individual
shall--
``(i) deliver the license document
personally or by certified mail to the Chief;
or
``(ii) mail a signed statement to the Chief
stating--
``(I) that the individual no longer
has possession of his or her license
document; and
``(II) the reasons why the
individual no longer has possession of
the license document.
``(m) Departmental Review.--The Chief shall promulgate rules
providing for the review of any action by the Chief denying an
application for, or suspending or revoking, a license under this
section.
``(n) Appeals to the Superior Court.--
``(1) Right to appeal.--An individual aggrieved by any
action by the Chief denying an application for, or suspending
or revoking, a license under this section, may appeal directly
to the Superior Court of the District of Columbia without
regard to whether the individual has sought review under the
process established under subsection (m).
``(2) Commencement of appeal.--
``(A) In general.--To begin an appeal under this
subsection, the aggrieved individual shall file a
petition for review with the clerk of the Superior
Court of the District of Columbia not later than 30
days after the date on which the individual receives
notice of denial of an application for a license or of
suspension or revocation of a license.
``(B) Contents; supporting documents.--A petition
filed under subparagraph (A)--
``(i) shall state the substance of the
Chief's action from which the individual is
appealing and the grounds upon which the
individual believes the Chief's action to be
improper; and
``(ii) may include a copy of any records or
documents that are relevant to the grounds upon
which the individual believes the Chief's
action to be improper.
``(3) Service upon chief.--A copy of a petition filed under
paragraph (2) shall be served upon the Chief either personally
or by registered or certified mail not later than 5 days after
the date on which the individual files the petition.
``(4) Answer.--
``(A) In general.--The Chief shall file an answer
to a petition filed under paragraph (2) not later than
15 days after the date on which the Chief is served
with the petition under paragraph (3).
``(B) Contents; supporting documents.--An answer
filed under subparagraph (A) shall include--
``(i) a brief statement of the actions
taken by the Chief; and
``(ii) a copy of any documents or records
on which the Chief based his or her action.
``(5) Review by court.--
``(A) In general.--The court shall review the
petition, the answer, and any records or documents
submitted with the petition or the answer.
``(B) Conduct of review.--The court shall conduct
the review under this paragraph without a jury but may
schedule a hearing and take testimony.
``(6) Reversal.--The court shall reverse the Chief's action
if the court finds--
``(A) that the Chief failed to follow any
procedure, or take any action, prescribed under this
section;
``(B) that the Chief erroneously interpreted a
provision of law and a correct interpretation compels a
different action;
``(C) that the Chief's action depends on a finding
of fact that is not supported by substantial evidence
in the record;
``(D) if the appeal is regarding a denial, that the
denial was based on factors other than the factors
under subsection (d); or
``(E) if the appeal is regarding a suspension or
revocation, that the suspension or revocation was based
on criteria other than the criteria under subsection
(l).
``(7) Relief.--
``(A) In general.--The court shall provide whatever
relief is appropriate regardless of the original form
of the petition.
``(B) Costs and fees.--If the court reverses the
Chief's action, the court shall order the Chief to pay
the aggrieved individual all court costs and reasonable
attorney fees.
``(o) License Expiration and Renewal.--
``(1) Period of validity.--A license issued under this
section shall be valid for the 5-year period beginning on the
date on which the license is issued unless the license is
suspended or revoked under subsection (l).
``(2) Notice of expiration.--
``(A) Form.--The Chief shall design a notice of
expiration form.
``(B) Mailing of notice.--Not later than 90 days
before the expiration date of a license issued under
this section, the Chief shall mail to the licensee--
``(i) the notice of expiration form; and
``(ii) a form for renewing the license.
``(3) Renewal.--
``(A) In general.--The Chief shall renew the
license of a licensee if--
``(i) not later than 90 days after the
expiration date of the license, the licensee
submits the renewal application, statement, and
fees required under subparagraph (B); and
``(ii) the background check required under
subparagraph (C) indicates that subsection (d)
does not apply to the licensee.
``(B) Renewal application; statement; fees.--A
licensee seeking to renew his or her license shall
submit to the Chief--
``(i) a renewal application on the form
provided by the Chief;
``(ii) a statement reporting that--
``(I) the information provided
under clause (i) is true and complete
to the best of the licensee's
knowledge; and
``(II) the licensee is not
disqualified under subsection (d); and
``(iii) payment of--
``(I) a renewal fee in an amount
that is equal to the lesser of--
``(aa) the cost of renewing
the license; or
``(bb) $25; and
``(II) a fee for a background check
that does not exceed $25.
``(C) Background check.--The chief shall conduct a
background check of a licensee as provided under
subsection (i) before renewing the licensee's license.
``(D) Issuance of renewal license.--Unless a
renewal applicant is ineligible under subsection (d),
not later than 21 days after the date on which the
Chief receives a renewal application, statement, and
fees from the applicant under subparagraph (B), the
Chief shall issue a renewal license and send it to the
applicant by first-class mail.
``(E) Members of the armed forces.--Notwithstanding
paragraph (1), the license of a member of the Armed
Forces of the United States, including the National
Guard and reserve components, who is deployed overseas
while on active duty shall not expire before the date
that is 90 days after the end of the licensee's
overseas deployment unless the license is suspended or
revoked under subsection (l).
``(p) Reciprocity Agreements.--The Chief shall enter into
reciprocity agreements with each other state that requires such an
agreement to grant recognition to a license to carry a concealed
firearm issued by another state.
``(q) Immunity.--
``(1) In general.--The Chief and any designee or employee
who carries out the provisions of this section shall be immune
from liability arising from any act or omission under this
section, if the act or omission is in good faith.
``(2) Providers of training courses.--A person providing a
firearms training course in good faith shall be immune from
liability arising from any act or omission related to the
course if the course is one described in subsection (e).''.
(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:
``SEC. 4A. AUTHORITY TO CARRY FIREARM IN CERTAIN PLACES AND FOR CERTAIN
PURPOSES.
``Notwithstanding any other law, a person not otherwise prohibited
by law from shipping, transporting, possessing, or receiving a firearm
may carry such firearm, whether loaded or unloaded--
``(1) in the person's dwelling house or place of business
or on land owned or lawfully possessed by the person;
``(2) on land owned or lawfully possessed by another person
unless the other person has notified the person by posting or
individual notice that firearms are not permitted on the
premises;
``(3) while it is being used for lawful recreational,
sporting, educational, or training purposes; or
``(4) while it is being transported for a lawful purpose as
expressly authorized by District or Federal law and in
accordance with the requirements of that law.
``SEC. 4B. LAWFUL TRANSPORTATION OF FIREARMS.
``(a) Any person who is not otherwise prohibited by law from
shipping, transporting, possessing, or receiving a firearm shall be
permitted to transport a firearm for any lawful purpose from any place
where he may lawfully possess the firearm to any other place where he
may lawfully possess the firearm if the firearm is transported in
accordance with this section.
``(b)(1) If the transportation of the firearm is by a vehicle, the
firearm shall be unloaded, and neither the firearm nor any ammunition
being transported shall be readily accessible or directly accessible
from the passenger compartment of the transporting vehicle.
``(2) If the transporting vehicle does not have a compartment
separate from the driver's compartment, the firearm or ammunition shall
be contained in a locked container other than the glove compartment or
console, and the firearm shall be unloaded.
``(c) If the transportation of the firearm is in a manner other
than in a vehicle, the firearm shall be--
``(1) unloaded;
``(2) inside a locked container; and
``(3) separate from any ammunition.''.
(c) Exceptions to Restrictions on Carrying Concealed Weapons.--
Section 5(a) of the Act of July 8, 1932 (47 Stat. 650, chapter 465;
sec. 22-4505(a), D.C. Official Code), is amended--
(1) by striking ``pistol unloaded and in a secure wrapper
from'' and inserting ``firearm, transported in accordance with
section 4B, from'';
(2) by striking ``pistol'' each place it appears and
inserting ``firearm''; and
(3) by adding at the end the following:
``(7) Any person carrying a pistol who holds--
``(A) a valid license issued under section 6; or
``(B) any out-of-state license, as defined in
section 1.''.
SEC. 13. 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. 14. REPEAL OF GUN OFFENDER REGISTRY.
Title VIII of the Firearms Control Regulations Act of 1975 (sec. 7-
2508.01 et seq., D.C. Official Code), as added by section 205 of the
Omnibus Public Safety and Justice Amendment Act of 2009 (D.C. Law 18-
88), is repealed.
SEC. 15. REPEALS OF DISTRICT OF COLUMBIA ACTS.
Effective on the day before the date of the enactment of this Act,
each of the following Acts is repealed, and any provision of law
amended or repealed by any of such Acts is restored or revived as if
such Act had not been enacted into law:
(1) The Assault Weapon Manufacturing Strict Liability Act
of 1990 (D.C. Law 8-263).
(2) The Illegal Firearm Sale and Distribution Strict
Liability Act of 1992 (D.C. Law 9-115).
(3) The Firearms Registration Amendment Act of 2008 (D.C.
Law 17-372).
(4) The Inoperable Pistol Amendment Act of 2008 (D.C. Law
17-388).
(5) The Firearms Amendment Act of 2012 (D.C. Law 19-170).
(6) The Administrative Disposition for Weapons Offenses
Amendment Act of 2012 (D.C. Law 19-295).
(7) The License to Carry a Pistol Amendment Act of 2014
(D.C. Law 20-279).
SEC. 16. 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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