HR 6842
110th CONGRESS
2d Session
H. R. 6842
To require the District of Columbia to revise its laws regarding
the use and possession of firearms as necessary to comply with the requirements
of the decision of the Supreme Court in the case of District of Columbia v.
Heller, in a manner that protects the security interests of the Federal government
and the people who work in, reside in, or visit the District of Columbia and
does not undermine the efforts of law enforcement, homeland security, and
military officials to protect the Nation's capital from crime and terrorism.
IN THE HOUSE OF REPRESENTATIVES
September 9, 2008
Ms. NORTON (for herself and Mr. WAXMAN) introduced the following bill; which
was referred to the Committee on Oversight and Government Reform
A BILL
To require the District of Columbia to revise its laws regarding
the use and possession of firearms as necessary to comply with the requirements
of the decision of the Supreme Court in the case of District of Columbia v.
Heller, in a manner that protects the security interests of the Federal government
and the people who work in, reside in, or visit the District of Columbia and
does not undermine the efforts of law enforcement, homeland security, and
military officials to protect the Nation's capital from crime and terrorism.
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 `National Capital Security and Safety Act'.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Washington, DC is both a local self-governing jurisdiction and the seat
of the United States government, with unique Federal responsibilities that
accompany its role as the Nation's capital.
(2) The Metropolitan Police Department (MPD), the District's local police
force, with more than 4,000 members, is the only sizeable police force in
the National Capital Region.
(3) In its role as a Federal city, the District of Columbia has always been
linked with Federal law enforcement in a partnership to protect the Federal
presence, including Federal officials and employees, visiting dignitaries,
and other individuals.
(4) Since the terrorist attacks by a United States citizen on a Federal
facility in Oklahoma City, Oklahoma, and especially since the attacks by
foreign terrorists on the National Capital Region on September 11, 2001,
the District of Columbia has been considered by Federal law enforcement
and security officials to be a likely target for terrorist and domestic
attacks on Federal sites and on Federal officials and employees, visiting
dignitaries, and other individuals.
(5) The MPD works continuously with all Federal law enforcement agencies,
including 36 different police agencies, to prevent attacks in the Nation's
capital.
(6) Federal and District law enforcement interests work together and communicate
daily on many efforts, including providing protective escort services to
the President, Vice President, first lady, and presidential candidates as
they travel and work throughout the District.
(7) The President, Vice President, and many cabinet and other Federal officials
reside in the District of Columbia.
(8) MPD teams with Federal officials to provide protective escorts for the
more than 40 national and international dignitaries who visit the District
of Columbia every month.
(9) The Nation's capital is required by law to be the headquarters of every
cabinet agency of the Federal government and has the largest concentration
of Federal employees, a total of 145,000.
(10) In the District of Columbia Home Rule Act, Congress delegated self-governing
powers to the District of Columbia local government but retained authority
to protect Federal interests when necessary.
(11) The District of Columbia government has just begun the process of enacting
legislation to allow gun ownership in the District for self-defense in a
person's home in compliance with the Supreme Court ruling in the case of
District of Columbia vs. Heller.
(12) Local jurisdictions, including the District of Columbia, enact firearms
legislation in keeping with local desires and concerns, but the District
of Columbia must take into account that the District also is a Federal city
and that such legislation must be consistent with the heightened Federal
interest in preventing terrorism and domestic attacks on individuals in
the city because of the Federal presence.
(13) The most frequent attacks on Federal officials in the Nation's capital
have been `lone-wolf' attacks by individuals with concealable handguns,
such as the assassinations of Presidents Abraham Lincoln and James Garfield,
the serious attempts on Presidents Ronald Regan and Andrew Jackson, and
the July 1998 murder of 2 United States Capitol Police officers in the United
States Capitol.
(14) The most dangerous attacks on individuals in the United States have
been committed with handguns, including the recent attack at Virginia Tech
University in which 32 people were shot and killed and the attack at Columbine
High School in which 12 people were killed.
(15) The government of the District of Columbia, with the informed advice
of MPD, is best suited to carrying out the complicated task of developing
local laws that satisfy the Supreme Court's mandate while protecting Federal
officials and employees, visiting dignitaries, and other individuals. Congress
should allow the District of Columbia the opportunity to enact statutes
and promulgate regulations, while preserving the Federal right to intervene
under the District of Columbia Home Rule Act if federally protected individuals
or the Federal presence are exposed to risk.
(16) Unregulated firearms in the Nation's capital would preclude the ability
of the MPD and, if needed, the Federal government to track guns through
registration and otherwise to help ensure that guns do not endanger Federal
officials and employees, visiting dignitaries, and other individuals.
SEC. 3. REVISION OF DISTRICT OF COLUMBIA FIREARMS LAWS.
(a) Requiring District To Revise Laws-
(1) REVISION- Not later than 180 days after the date of the enactment of
this Act, the District of Columbia shall revise the laws and regulations
of the District of Columbia which govern the use and possession of firearms,
as necessary to comply with the requirements of the decision of the Supreme
Court in the case of District of Columbia v. Heller.
(2) CONFORMING AMENDMENT TO LOCAL LAW- Title VII of the Firearms Control
Regulations Act of 1975 (sec. 7-2507.01 et seq., D.C. Official Code) is
amended by adding at the end the following new section:
`SEC. 712. CONSISTENCY WITH FEDERAL REQUIREMENTS.
`The Mayor and the Council shall ensure that this Act and the regulations
promulgated to carry out this Act are consistent with the requirements of
the decision of the Supreme Court in the case of District of Columbia v. Heller
and the criteria provided under section 3(b) of the National Capital Security
and Safety Act.'.
(b) Criteria for Revisions- For purposes of subsection (a)(1) and section
712 of the Firearms Control Regulations Act of 1975 (as added by subsection
(a)(2)), the revisions to the laws and regulations of the District of Columbia
which govern the use and possession of firearms shall be based upon the following
criteria:
(1) The need to ensure the safety and security of the Nation's capital so
that nothing in the revisions will place at risk the safety and security
of Federal buildings or other Federal interests located in the District
of Columbia, including the safety and security of Federal employees, or
will place at risk the safety and security of the people who reside in or
visit the District.
(2) The need to ensure that nothing in the revisions will interfere with
the operations of Federal law enforcement officials (including officials
of the Secret Service, the Federal Protective Service of the Department
of Homeland Security, the United States Marshals Service and Supreme Court
Police, and the United States Capitol Police) and the Metropolitan Police
Department and other local law enforcement officials in carrying out their
duties to protect those who work in, reside in, or visit the District of
Columbia.
(3) The need to ensure that nothing in the revisions will compromise the
ability of local and Federal homeland security and military officials to
carry out their duties to protect the Nation's capital from terrorism.
END
