II 

118TH CONGRESS 

1ST SESSION S. 840 

To protect the rights of the people of the United States under the Second 

Amendment to the Constitution of the United States. 

IN THE SENATE OF THE UNITED STATES 

MARCH 16, 2023 

Mr. GRAHAM (for himself, Mr. GRASSLEY, Mr. CORNYN, Mr. LEE, Mr. CRUZ, 

Mr. HAWLEY, Mr. COTTON, Mr. KENNEDY, Mr. TILLIS, and Mrs. 

BLACKBURN) introduced the following bill; which was read twice and referred to the Committee on the Judiciary 

A BILL 

To protect the rights of the people of the United States 

under the Second Amendment to the Constitution of 

the United States. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Respect for the Second 

5 Amendment Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) The Second Amendment to the Constitution 

9 of the United States protects the individual right to 


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1 keep and bear arms independent of service in an or2 ganized militia. 

3 (2) The Supreme Court of the United States 

4 held in District of Columbia v. Heller, 554 U.S. 570, 

5 595 (2008) that ‘‘[t]here seems to us no doubt, on 

6 the basis of both text and history, that the Second 

7 Amendment conferred an individual right to keep 

8 and bear arms.’’. 

9 (3) The Supreme Court further held in New 

10 York State Rifle & Pistol Association v. Bruen, 142 

11 S. Ct. 2111, 2126 (2022) that the Second Amend12 ment requires the government to demonstrate that a 

13 law regulating firearms ‘‘is consistent with this Na14 tion’s historical tradition of firearm regulation’’. 

15 (4) The right to keep and bear arms is a funda16 mental individual right guaranteed by the Constitu17 tion and a cornerstone of the liberties that every 

18 United States citizen enjoys. 

19 (5) The Fourteenth Amendment to the Con20 stitution grants Congress the authority to enforce, 

21 by appropriate legislation, that Amendment’s com22 mand that ‘‘[n]o State shall make or enforce any 

23 law which shall abridge the privileges or immunities 

24 of citizens of the United States’’. 


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1 (6) Certain States have enacted or are seeking 

2 to enact gun control laws that are inconsistent with 

3 the United States’ historical tradition of firearm reg4 ulation, including bans on the carrying of firearms 

5 by residents of other States and bans on large cat6 egories of firearms that are in common use for law7 ful purposes. 

8 (7) It is therefore necessary for Congress to ex9 ercise its authority under the Fourteenth Amend10 ment to ensure that the Second Amendment rights 

11 of all people of the United States are protected from 

12 infringement by the States. 

13 (8) Congress has also exercised authority under 

14 the Taxing Clause and Commerce Clause of section 

15 8 of article I of the Constitution to regulate the 

16 interstate market in firearms and ammunition. 

17 SEC. 3. LIMITATIONS ON REGULATION OF FIREARMS. 

18 (a) DEFINITION OF ‘‘FIREARM’’.—In this section, the 

19 term ‘‘firearm’’— 

20 (1) has the meaning given the term in section 

21 921 of title 18, United States Code; and 

22 (2) includes— 

23 (A) an antique firearm, as defined in sec24 tion 921 of title 18, United States Code (not25 withstanding paragraph (1) of this subsection); 


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1 (B) an assembled or unassembled firearm; 

2 and 

3 (C) any part of a firearm, including any 

4 integrated or detachable magazine or ammuni5 tion feeding device. 

6 (b) NO ENFORCEMENT OR IMPLEMENTATION OF

7 LAWS IN VIOLATION OF SECOND AMENDMENT RIGHTS.— 

8 No person acting under color of any statute, ordinance, 

9 regulation, custom, or usage of the Federal Government, 

10 of any State or territory, of any locality, or of the District 

11 of Columbia may enforce or implement any Federal, State, 

12 or local law, rule, ordinance, or regulation that prohibits, 

13 limits, places requirements or conditions upon, or other14 wise regulates the right of an individual to lawfully manu15 facture for personal use, acquire, possess, own, carry, 

16 transport, ship, or use a privately owned firearm or pri17 vately owned ammunition unless the law, rule, ordinance, 

18 or regulation is consistent with the United States’ histor19 ical tradition of firearm regulation. 

20 (c) ENFORCEMENT.— 

21 (1) PUBLIC RIGHT OF ACTION.—The Attorney 

22 General may bring a civil action for declaratory or 

23 injunctive relief in an appropriate district court of 

24 the United States against any person who violates 

25 subsection (b). 


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1 (2) PRIVATE RIGHT OF ACTION.— 

2 (A) IN GENERAL.—Any person who is 

3 harmed by a violation of subsection (b), or any 

4 membership organization that represents such a 

5 person, may bring a civil action for declaratory 

6 or injunctive relief in an appropriate district 

7 court of the United States against the person 

8 who committed the violation. 

9 (B) COSTS AND FEES.—The court shall 

10 award costs and reasonable attorney fees to any 

11 plaintiff who prevails in an action brought 

12 under subparagraph (A), including if the action 

13 is resolved by a negotiated settlement or mooted 

14 by repeal or amendment of the offending law, 

15 rule, regulation, prohibition, policy, or practice. 

16 (d) RULE OF CONSTRUCTION.—Nothing in this sec17 tion shall be construed to— 

18 (1) preempt any provision of State law that 

19 provides greater protections to the individual right 

20 to keep and bear arms than those provided under 

21 this section; or 

22 (2) limit any other remedy available under the 

23 laws of a State or the United States for infringe24 ment of the right to lawfully manufacture for per25 sonal use, acquire, possess, own, carry, transport, 


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1 ship, or use a privately owned firearm or privately 

2 owned ammunition. 

3 SEC. 4. REPEALER. 

4 Chapter 44 of title 18, United States Code, is amend5 ed— 

6 (1) by striking section 927; and 

7 (2) in the table of sections, by striking the item 

8 relating to section 927. 

Æ 


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