[House Report 110-852]
[From the U.S. Government Publishing Office]
110th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 110-852
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PROVIDING FOR CONSIDERATION OF THE BILL (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
_______
September 15, 2008.--Referred to the House Calendar and ordered to be
printed
_______
Mr. McGovern, from the Committee on Rules, submitted the following
R E P O R T
[To accompany H. Res. 1434]
The Committee on Rules, having had under consideration
House Resolution 1434, by a nonrecord vote, report the same to
the House with the recommendation that the resolution be
adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for consideration of H.R. 6842, the
``National Capital Security and Safety Act,'' under a
structured rule. The rule provides one hour of general debate
equally divided and controlled by the chairman and ranking
minority member of the Committee on Oversight and Government
Reform. The rule waives all points of order against
consideration of the bill except clauses 9 and 10 of rule XXI.
The rule provides that the amendment recommended by the
Committee on Oversight and Government Reform, now printed in
the bill, shall be considered as adopted in the House and the
Committee of the Whole. The rule provides that the bill, as
amended, shall be considered as an original bill for the
purpose of further amendment and shall be considered as read.
All points of order against provisions of the bill, as amended,
are waived. This waiver does not affect the point of order
available under clause 9 of rule XXI (regarding earmark
disclosure).
The rule makes in order only the amendment in the nature of
a substitute printed in this report. The amendment may be
offered only by the Member designated in this report, shall be
considered as read, shall be debatable for the time specified
in this report equally divided and controlled by the proponent
and an opponent, and shall not be subject to amendment. All
points of order against the amendment except for clauses 9 and
10 of rule XXI are waived. The rule provides one motion to
recommit with or without instructions. The rule provides that,
notwithstanding the operation of the previous question, the
Chair may postpone further consideration of the bill to a time
designated by the Speaker.
EXPLANATION OF WAIVERS
The waiver of all points of order against consideration of
the bill (except for clauses 9 and 10 of rule XXI) includes a
waiver of clause 4(a) of rule XIII, requiring a three-day
layover of the committee report. Although the rule waives all
points of order against provisions of the bill, as amended, the
Committee is not aware of any points of order. The waiver of
all points of order is prophylactic.
SUMMARY OF THE AMENDMENT IN THE NATURE OF A SUBSTITUTE MADE IN ORDER
The substitute repeals the District of Columbia semi-
automatic weapons ban, restores the right of self-defense in
the home, authorizes purchases of firearms by law-abiding D.C.
residents through the purchase of weapons from federally
approved firearm dealers in Maryland and Virginia, and repeals
the firearm registration requirement currently in place in the
District of Columbia. (60 minutes)
TEXT OF THE AMENDMENT IN THE NATURE OF A SUBSTITUTE MADE IN ORDER
An Amendment To Be Offered by Representative Childers of Mississippi,
or His Designee, Debatable for 60 Minutes
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Second Amendment Enforcement
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) As the Congress and the Supreme Court of the
United States have recognized, 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) Officials of the District of Columbia have
indicated their intention to continue to unduly
restrict lawful firearm possession and use by citizens
of the District.
(7) 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. Nothing in
the previous two sentences shall be construed to prohibit the
District of Columbia from regulating or prohibiting the
carrying of firearms by a person, either concealed or openly,
other than at the person's dwelling place, place of business,
or on other land possessed by the person.''.
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 readily restored to shoot
automatically, more than 1 shot without manual
reloading 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 or 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''; and
(E) by striking subparagraphs (D) and (E).
(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.
Section 601(3) of the Firearms Control Regulations Act of
1975 (sec. 7-2506.01(3), D.C. Official Code) is amended by
striking ``is the holder of the valid registration certificate
for'' and inserting ``owns''.
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) Conforming Amendment.--Section 5 of such Act (47 Stat.
651; sec. 22-4505, D.C. Official Code) is amended--
(1) by striking ``pistol'' each place it appears and
inserting ``firearm''; and
(2) by striking ``pistols'' each place it appears and
inserting ``firearms''.
SEC. 10. AUTHORIZING PURCHASES OF FIREARMS BY DISTRICT RESIDENTS.
Section 922 of title 18, United States Code, is amended in
paragraph (b)(3) by inserting after ``other than a State in
which the licensee's place of business is located'' the
following: ``, or to the sale or delivery of a handgun to a
resident of the District of Columbia by a licensee whose place
of business is located in Maryland or Virginia,''.
Amend the title so as to read: ``A bill to restore
Second Amendment rights in the District of Columbia.''.