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District of Columbia Personal Protection Act (Introduced in House)
HR 1399 IH
110th CONGRESS
1st Session
H. R. 1399
To restore Second Amendment rights in the District of Columbia.
IN THE HOUSE OF REPRESENTATIVES
March 8, 2007
Mr. ROSS (for himself and Mr. SOUDER) 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 `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 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) 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.'.
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 can be readily converted or restored to shoot automatically,
more than 1 shot 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 of 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';
(E) in subparagraph (D)(ii), by striking `or registration number';
and
(F) in subparagraph (E), by striking clause (iii) and redesignating
clauses (iv) and (v) as clauses (iii) and (iv).
(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.
(a) Definition of Restricted Pistol Bullet- Section 101(13a) of the
Firearms Control Regulations Act of 1975 (sec. 7-2501.01(13a)) is amended
to read as follows:
`(13a)(A) `Restricted pistol bullet' means--
`(i) a projectile or projectile core which may be used in a handgun
and which is constructed entirely (excluding the presence of traces
of other substances) from one or a combination of tungsten alloys,
steel, iron, brass, bronze, beryllium copper, or depleted uranium;
or
`(ii) a full-jacketed projectile larger than .22 caliber designed
and intended for use in a handgun and whose jacket has a weight of
more than 25 percent of the total weight of the projectile.
`(B) The term `restricted pistol bullet' does not include shotgun shot
required by Federal or State environmental or game regulations for
hunting purposes, a frangible projectile designed for target shooting,
a projectile which the Attorney General of the United States (pursuant
to section 921(a)(17) of title 18, United States Code) finds is
primarily intended to be used for sporting purposes, or any other
projectile or projectile core which the Attorney General finds is
intended to be used for industrial purposes, including a charge used
in an oil and gas well perforating device.'.
(b) Repeal of Ban- Section 601 of the Firearms Control Regulations Act of
1975 (sec. 7-2506.01, D.C. Official Code) is amended--
(1) by striking `ammunition' each place it appears (other than
paragraph (4)) and inserting `restricted pistol bullets'; and
(2) by striking paragraph (3) and redesignating paragraph (4) as
paragraph (3).
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) Treatment of Certain Exceptions- Section 5(a) of such Act (47 Stat.
651; sec. 22-4505(a), D.C. Official Code) is amended--
(1) by striking `pistol' each place it appears and inserting
`firearm'; and
(2) by striking the period at the end and inserting the following: `, or
to any person while 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, or 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 to any person carrying or
transporting a firearm in compliance with sections 926A, 926B or 926C of
title 18, United States Code.'.
(c) Effective Date- The amendments made by this section shall apply with
respect to violations occurring after the 60-day period which begins on
the date of the enactment of this Act. |