I

104TH CONGRESS

1ST SESSION H. R. 2470

To restore the second amendment rights of all Americans.

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 11, 1995

Mr. STOCKMAN (for himself, Mr. FUNDERBURK, Mr. YOUNG of Alaska, Mrs.

CHENOWETH, and Mr. HOSTETTLER) introduced the following bill; which

was referred to the Committee on the Judiciary, and in addition to the

Committees on Government Reform and Oversight and Ways and Means,

for a period to be subsequently determined by the Speaker, in each case

for consideration of such provisions as fall within the jurisdiction of the

committee concerned

A BILL

To restore the second amendment rights of all Americans.

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 ‘‘Second Amendment

5 Reaffirmation Act of 1995’’.

6 SEC. 2. FINDINGS.

7 The Congress finds:

8 (1) Article I, section 8, of the Constitution of

9 the United States gives no authority to Congress to
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1 require a waiting period or a background check be2 fore the sale of a firearm.

3 (2) The United States Supreme Court, in

4 United States v. Lopez, struck down gun control leg5 islation for lack of constitutional authority.

6 (3) A number of Federal district courts have

7 ruled that the Federal mandate imposed on the

8 States by Public Law 103–159 violates the tenth

9 amendment to the Constitution of the United States.

10 (4) Public Law 103–159 violates the second

11 amendment to the Constitution of the United States

12 because it impermissibly infringes on the right of the

13 people to secure a firearm when necessary for the

14 protection of person and property and for the pur15 suit of other constitutionally protected activities.

16 (5) Waiting periods and background checks

17 have produced devastating effects for law-abiding

18 citizens trying to acquire firearms for self-defense.

19 During the 1992 riots in Los Angeles, residents

20 were forced to wait fifteen days before they could le21 gally buy firearms for protection, in spite of the fact

22 that police admitted they could not protect citizens.

23 (6) In addition to the problem of delays and er24 roneous denials for law-abiding citizens who need to
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1 protect themselves, background checks can also lend

2 themselves to official abuse:

3 (A) In 1991, the office of Technology As4 sessment commented on the possibility of gun

5 owner registration under Virginia’s instant

6 check system. It stated, ‘‘[T]he potential [for

7 registration] exists regardless of legal prohibi8 tions.’’

9 (B) A Justice Department Task Force

10 stated in 1989 that ‘‘[a]ny system that requires

11 a criminal record check prior to purchase of a

12 firearm creates the potential for the automated

13 tracking of individuals who seek to purchase

14 firearms.’’

15 SEC. 3. SECOND AMENDMENT RESTORATION.

16 (a) Public Law 103–159 is hereby repealed, and any

17 provisions of law amended or repealed by such Act are

18 restored or revived as if such Act had not been enacted.

19 (b) The Assault Weapon Manufacturing Strict Liabil20 ity Act of 1990 (D.C. Act 8–289, signed by the Mayor

21 of the District of Columbia on December 17, 1990) is

22 hereby repealed, and any provisions of law amended or re23 pealed by such Act are restored or revived as if such Act

24 had not been enacted.
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1 (c) The second sentence of paragraph (4) of sub2 section (g) of section 923 of title 18, United States Code,

3 is amended to read as follows: ‘‘Where discontinuance of

4 the business is absolute, such records shall be delivered

5 within thirty days after the business discontinuance to an6 other licensee.’’.

7 (d) Subparagraph (2)(A) of subsection (d) of section

8 924 of title 18, United States Code, is amended by adding

9 after ‘‘chapter’’ the following: ‘‘or under chapter 53 of

10 subtitle E of title 26, United States Code, including a pro11 ceeding before an administrative law judge’’.

12 (e) Subparagraph (2)(B) of subsection (d) of section

13 924 of title 18, United States Code, is amended by adding

14 after ‘‘chapter’’ the following: ‘‘or under chapter 53 of

15 subtitle of title 26, United States Code, including a pro16 ceeding before an administrative law judge’’.

17 (f) Subparagraph (2)(D) of subsection (d) of section

18 924 of title 18, United States Code, is amended by strik19 ing all after ‘‘(D)’’ and inserting in lieu thereof the follow20 ing: ‘‘Any person aggrieved by the violation of any civil

21 or constitutional right in connection with the lawful pos22 session or use of a firearm by the Government of the

23 United States or any official or employee thereof or the

24 Government of any State or subdivision or any official or

25 employee thereof may bring an action for actual and puni-
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1 tive damages in the federal district court in which such

2 person resides or transacts business. The court may award

3 a prevailing plaintiff, other than the Government of the

4 United States or any State or any subdivision thereof, or

5 any official or employee thereof, reasonable attorneys’ fees

6 and costs. Nothing in this subparagraph shall be con7 strued to limit any remedies which may otherwise be avail8 able to such person.’’

9 (g) Section 926 of title 18, United States Code, is

10 amended by adding at the end thereof the following new

11 subsections:

12 ‘‘(d) No provision of law, nor any statute of any State

13 or subdivision thereof, enacted to regulate the level of any

14 pollutant or pollutants may be applied to the sale, trans15 portation, possession, importation, or use of any firearm

16 or ammunition.

17 ‘‘(e) No officer or employee of the Bureau of Alcohol,

18 Tobacco and Firearms may undertake any investigation

19 of a single individual, organization, or business which will

20 reasonably require expenditures in excess of $4,000 with21 out prior written approval by the Deputy Secretary of the

22 Treasury.

23 ‘‘(f) No officer or employee or the Bureau of Alcohol,

24 Tobacco and Firearms may undertake any investigation

25 in consultation or cooperation with the Internal Revenue
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1 Service without prior written approval by the Deputy Sec2 retary of the Treasury.

3 ‘‘(g) Whoever violates any provision of this section

4 shall be imprisoned for not more than two years, fined

5 not more than $250,000, or both.

6 ‘‘(h)(1) No officer, agent, or employee of the United

7 States may list, record, copy, or computerize the names

8 of firearms owners, other than those required to be main9 tained under title 26, United States Code, nor shall such

10 officer, agent, or employee transfer information concern11 ing the identities of firearms owners to a facility owned,

12 managed, or controlled by the United States or any State

13 or political subdivision thereof, nor shall such officer,

14 agent, or employee participate in the establishment of any

15 system of registration of firearms, firearms owners, or

16 firearms transactions or dispositions. Any list, record,

17 copy, computerization, facility, or system which, had it

18 been created or expanded following the effective date of

19 this Act, would be in violation of this Act, together with

20 any records delivered to the Secretary pursuant to para21 graph (4) of subsection (g) of section 923 of title 18,

22 United States Code, shall be destroyed within ninety days

23 of the effective date of this Act.

24 ‘‘(2) Any person aggrieved by the violation of any

25 civil or constitutional right in connection with a violation
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1 of the provisions or this subsection by the Government of

2 the United States or any official or employee thereof or

3 the Government of any State or subdivision or any official

4 or employee thereof or the Government of any State or

5 subdivision or any official or employee thereof may bring

6 an action for actual and punitive damages in the federal

7 district court in which such person resides or transacts

8 business. The court may award a prevailing plaintiff, other

9 than the Government of the United States or any State

10 or any subdivision thereof, or any official or employee

11 thereof, reasonable attorney’s fees and costs. Nothing in

12 this subparagraph shall be construed to limit any remedies

13 which may otherwise be available to such person.’’.

14 SEC. 4. SEVERABILITY.

15 If any provision of this Act or the application thereof

16 to any person or circumstance is held invalid, the invalid17 ity does not affect other provisions or applications of the

18 Act which can be given effect without the invalid provi19 sions or applications, and to this end the provisions of this

20 Act are severable.

21 SEC. 5. EFFECTIVE DATE.

22 The provisions of this Act shall take effect imme23 diately upon enactment.

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