69–008 

110TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 110–852 

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 


bajohnson on PROD1PC77 with REPORTS
2 

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 


bajohnson on PROD1PC77 with REPORTS
3 

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 


bajohnson on PROD1PC77 with REPORTS
4 

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’’. 


bajohnson on PROD1PC77 with REPORTS
5 

(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’’. 


bajohnson on PROD1PC77 with REPORTS
6 

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.’’. 

Æ 


bajohnson on PROD1PC77 with REPORTS