Caalendar No. 95
110th CONGRESS
1st Session
S. 1001
To restore Second Amendment rights in the District of Columbia.
IN THE SENATE OF THE UNITED STATES
March 27, 2007
Mrs. HUTCHISON (for herself, Mr. ALEXANDER, Mr. ALLARD, Mr. BAUCUS, Mr.
BOND, Mr. BROWNBACK, Mr. BURR, Mr. BUNNING, Mr. CHAMBLISS, Mr. COBURN, Mr.
COCHRAN, Mr. CORKER, Mr. CORNYN, Mr. CRAIG, Mr. CRAPO, Mr. DEMINT, Mrs.
DOLE, Mr. DOMENICI, Mr. ENSIGN, Mr. ENZI, Mr. GRAHAM, Mr. GRASSLEY, Mr.
HATCH, Mr. HAGEL, Mr. INHOFE, Mr. ISAKSON, Mr. KYL, Mr. LOTT, Mr. MARTINEZ,
Mr. MCCAIN, Ms. MURKOWSKI, Mr. NELSON of Nebraska, Mr. ROBERTS, Mr. SESSIONS,
Mr. SHELBY, Mr. SMITH, Mr. STEVENS, Mr. SUNUNU, Mr. TESTER, Mr. THOMAS,
Mr. THUNE, and Mr. VITTER) introduced the following bill; which was read
the first time
March 28, 2007
Read the second time and placed on the calendar
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 one of 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.
(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; section 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 (section 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; section 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 (section 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
(section 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.
`(3) A short-barreled rifle.'.
(3) CONFORMING AMENDMENT- The heading of section 201 of such Act (section
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 (section 7-2502.02 through 7-2502.11, D.C.
Official Code) are repealed.
(2) Section 101 (section 7-2501.01, D.C. Official Code) is amended by
striking paragraph (13).
(3) Section 401 (section 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 (section 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) (section 7-2504.03(b), D.C. Official Code) is amended
by striking `registration certificate' and inserting `dealer's license'.
(6) Section 404(a)(3) (section 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) (section 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) (section 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 (section 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 (section 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 (section 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 (section 7-2501.01(13a)) is amended to read
as follows:
`(13)(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 (section 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 (section 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
(section 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; section
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; section 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.
Caalendar No. 95
110th CONGRESS
1st Session
S. 1001
A BILL
To restore Second Amendment rights in the District of Columbia.
March 28, 2007
Read the second time and placed on the calendar
END
