108TH CONGRESS

2D SESSION H. R. 3193

AN ACT

To restore second amendment rights in the District

of Columbia.

108TH CONGRESS

2D SESSION H. R. 3193

AN ACT

To restore second amendment rights in the District of

Columbia.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘District of Columbia

3 Personal Protection Act’’.

4 SEC. 2. CONGRESSIONAL FINDINGS.

5 Congress finds the following:

6 (1) The Second Amendment to the United

7 States Constitution provides that the right of the

8 people to keep and bear arms shall not be infringed.

9 (2) The Second Amendment to the United

10 States Constitution protects the rights of individ11 uals, including those who are not members of a mili12 tia or engaged in military service or training, to

13 keep and bear arms.

14 (3) The law-abiding citizens of the District of

15 Columbia are deprived by local laws of handguns, ri16 fles, and shotguns that are commonly kept by law17 abiding persons throughout the rest of the United

18 States for sporting use and for lawful defense of

19 persons, homes, and families.

20 (4) The District of Columbia has the highest

21 per capita murder rate in the Nation, which may be

22 attributed in part to local laws prohibiting posses23 sion of firearms by law-abiding persons who would

24 otherwise be able to defend themselves and their

25 loved ones in their own homes and businesses.
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1 (5) The Federal Gun Control Act of 1968, as

2 amended by the Firearms Owners’ Protection Act of

3 1986, and the Brady Handgun Violence Prevention

4 Act of 1993, provide comprehensive Federal regula5 tions applicable in the District of Columbia as else6 where. In addition, existing District of Columbia

7 criminal laws punish possession and illegal use of

8 firearms by violent criminals and felons. Con9 sequently, there is no need for local laws which only

10 disarm law-abiding citizens.

11 (6) Legislation is required to correct the Dis12 trict of Columbia’s law in order to restore the rights

13 of its citizens under the Second Amendment to the

14 United States Constitution and thereby enhance

15 public safety.

16 SEC. 3. REFORM D.C. COUNCIL’S AUTHORITY TO RESTRICT

17 FIREARMS.

18 Section 4 of the Act entitled ‘‘An Act to prohibit the

19 killing of wild birds and wild animals in the District of

20 Columbia’’, approved June 30, 1906 (34 Stat. 809; sec.

21 1–303.43, D.C. Official Code) is amended by adding at

22 the end the following: ‘‘This section shall not be construed

23 to permit the Council, the Mayor, or any governmental

24 or regulatory authority of the District of Columbia to pro25 hibit, constructively prohibit, or unduly burden the ability
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1 of persons otherwise permitted to possess firearms under

2 Federal law from acquiring, possessing in their homes or

3 businesses, or using for sporting, self-protection or other

4 lawful purposes, any firearm neither prohibited by Federal

5 law nor regulated by the National Firearms Act. The Dis6 trict of Columbia shall not have authority to enact laws

7 or regulations that discourage or eliminate the private

8 ownership or use of firearms.’’.

9 SEC. 4. REPEAL D.C. SEMIAUTOMATIC BAN.

10 Section 101(10) of the Firearms Control Regulations

11 Act of 1975 (sec. 7–2501.01(10), D.C. Official Code) is

12 amended to read as follows:

13 ‘‘(10) Machine gun means any firearm which

14 shoots, is designed to shoot, or can be readily con15 verted or restored to shoot automatically, more than

16 1 shot by a single function of the trigger.’’.

17 SEC. 5. REPEAL REGISTRATION REQUIREMENT.

18 (a) IN GENERAL.—Section 201(a) of the Firearms

19 Control Regulations Act of 1975 (sec. 7–2502.01(a), D.C.

20 Official Code) is amended by striking ‘‘any firearm, un21 less’’ and all that follows through paragraph (3) and in22 serting the following: ‘‘any firearm described in subsection

23 (c).’’.

24 (b) DESCRIPTION OF FIREARMS REMAINING ILLE25 GAL.—Section 201 of such Act (sec. 7–2502.01, D.C. Offi-
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1 cial Code) is amended by adding at the end the following

2 new subsection:

3 ‘‘(c) A firearm described in this subsection is any of

4 the following:

5 ‘‘(1) A sawed-off shotgun.

6 ‘‘(2) A machine gun.

7 ‘‘(3) A short-barreled rifle.’’.

8 SEC. 6. REPEAL HANDGUN AMMUNITION BAN.

9 Section 601 of the Firearms Control Regulations Act

10 of 1975 (sec. 7–2506.01, D.C. Official Code) is repealed.

11 SEC. 7. RESTORE RIGHT OF SELF DEFENSE IN THE HOME.

12 Section 702 of the Firearms Control Regulations Act

13 of 1975 (sec. 7–2507.02, D.C. Official Code) is repealed.

14 SEC. 8. ADDITIONAL REPEALS.

15 Sections 202 through 211 of the Firearms Control

16 Regulations Act of 1975 (secs. 7–2502.02 through 7–

17 2502.11, D.C. Official Code) are repealed.

18 SEC. 9. REMOVE CRIMINAL PENALTIES FOR POSSESSION

19 OF UNREGISTERED FIREARMS.

20 (a) IN GENERAL.—Section 706 of the Firearms Con21 trol Regulations Act of 1975 (sec. 7–2507.06, D.C. Offi22 cial Code) is amended—

23 (1) by striking ‘‘that:’’ and all that follows

24 through ‘‘(1) A’’ and inserting ‘‘that a’’; and

25 (2) by striking paragraph (2).
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1 (b) EFFECTIVE DATE.—The amendments made by

2 subsection (a) shall apply with respect to violations occur3 ring after the 60-day period which begins on the date of

4 the enactment of this Act.

5 SEC. 10. REMOVE CRIMINAL PENALTIES FOR CARRYING A

6 FIREARM IN ONE’S DWELLING OR OTHER

7 PREMISES.

8 (a) IN GENERAL.—Section 4(a) of the Act of July

9 8, 1932 (47 Stat. 651; sec. 22—4504(a), D.C. Official

10 Code) is amended—

11 (1) in the matter before paragraph (1), by

12 striking ‘‘a pistol,’’ and inserting the following: ‘‘ex13 cept in his dwelling house or place of business or on

14 other land possessed by that person, whether loaded

15 or unloaded, a firearm,’’; and

16 (2) by striking ‘‘except that:’’ and all that fol17 lows through ‘‘(2) If the violation’’ and inserting

18 ‘‘except that if the violation’’.

19 (b) TREATMENT OF CERTAIN EXCEPTIONS.—Section

20 5(a) of such Act (47 Stat. 651; sec. 22—4505(a), D.C.

21 Official Code) is amended—

22 (1) by striking ‘‘pistol’’ each place it appears

23 and inserting ‘‘firearm’’; and

24 (2) by striking the period at the end and insert25 ing the following: ‘‘, or to any person while carrying
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1 or transporting a firearm used in connection with an

2 organized military activity, a target shoot, formal or

3 informal target practice, sport shooting event, hunt4 ing, a firearms or hunter safety class, trapping, or

5 a dog obedience training class or show, or the mov6 ing by a bona fide gun collector of part or all of the

7 collector’s gun collection from place to place for pub8 lic or private exhibition while the person is engaged

9 in, on the way to, or returning from that activity if

10 each firearm is unloaded and carried in an enclosed

11 case or an enclosed holster, or to any person car12 rying or transporting a firearm in compliance with

13 sections 926A, 926B or 926C of title 18, United

14 States Code.’’.

15 (c) EFFECTIVE DATE.—The amendments made by

16 this section shall apply with respect to violations occurring

17 after the 60-day period which begins on the date of the

18 enactment of this Act.

Passed the House of Representatives September 29,

2004.

Attest:

Clerk.