108th CONGRESS
1st Session
S. 1414
To restore second amendment rights in the District of Columbia.
IN THE SENATE OF THE UNITED STATES
July 15, 2003
Mr. HATCH (for himself, Mr. MILLER, Mrs. HUTCHISON, Mr. CRAIG, Mr. CORNYN,
Mr. SESSIONS, Mr. DOMENICI, Mr. CHAMBLISS, Mr. BURNS, Mr. SUNUNU, Mr. ENZI,
Mr. BUNNING, Mr. ALLEN, Mr. STEVENS, Mr. CAMPBELL, Mr. GRASSLEY, Mr. THOMAS,
Mr. GRAHAM of South Carolina, and Mr. CRAPO) introduced the following bill;
which was read twice and referred to the Committee on Governmental Affairs
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 303.43 of title 1, District of Columbia 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 2501.01(10) of title 7, District of Columbia 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.
Section 2502.01 of title 7, District of Columbia Code, is amended--
(A) by striking `, and no person or organization in the District shall
possess or control any firearm, unless the person or organization holds
a valid registration certificate for the firearm'; and
(B) by striking beginning with `A registration' through paragraph (3);
and
(A) in paragraphs (1) and (2), by striking `firearm or';
(B) in paragraph (2), by striking the semicolon at the end and inserting
a period; and
(C) by striking paragraph (3).
SEC. 6. REPEAL D.C. HANDGUN BAN.
Section 2502.02 of title 7, District of Columbia Code, is amended--
(A) in paragraph (2), by inserting `or' after the semicolon;
(B) in paragraph (3), by striking `; or' and inserting a period;
(C) by striking paragraph (4); and
(D) by striking `(a)'; and
(2) by striking subsection (b).
SEC. 7. REPEAL HANDGUN AMMUNITION BAN.
Section 2506.01 of title 7, District of Columbia Code, is repealed.
SEC. 8. RESTORE RIGHT OF SELF DEFENSE IN THE HOME.
Section 2507.02 of title 7, District of Columbia Code, is repealed.
SEC. 9. ADDITIONAL REPEALS.
Sections 2502.03, 2502.04, 2502.05, 2502.06, 2502.07, 2502.08, 2502.09, 2502.10,
and 2502.11 of title 7, District of Columbia Code, are repealed.
SEC. 10. REMOVE CRIMINAL PENALTIES FOR POSSESSION OF UNREGISTERED FIREARMS.
Section 2507.06 of title 7, District of Columbia Code, is amended--
(1) by striking `that:' through `(1) A' and inserting `that a'; and
(2) by striking paragraph (2).
SEC. 11. REMOVE CRIMINAL PENALTIES FOR CARRYING A PISTOL IN ONE'S DWELLING
OR OTHER PREMISES.
Section 4504(a) of title 22, District of Columbia 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) in paragraph (1), by striking `a pistol, without a license pursuant
to District of Columbia law, or'.
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