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104TH CONGRESS

1ST SESSION H. R. 2393

To restore the second amendment rights of all Americans.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 25, 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 For example:

20 (A) Phillip Russell Coleman, a resident of

21 Louisiana, sought to buy a handgun for self-de22 fense, but was erroneously rejected after a

23 background check in August, 1995. The error

24 was later corrected—three days after Coleman

25 was murdered in his place of employment.
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1 (B) Residents of Los Angeles were forced

2 to wait fifteen days during the 1992 riots be3 fore they could legally buy firearms for protec4 tion, in spite of the fact that police admitted

5 they could not protect them.

6 (C) In 1991, Bonnie Elmasri of Wisconsin

7 tried to purchase a handgun to protect herself

8 from her estranged husband, but he returned

9 home and killed her and her two children before

10 the forty-eight-hour waiting period required by

11 State law had expired.

12 (6) In addition to the problem of delays and er13 roneous denials for law-abiding citizens who need to

14 protect themselves, background checks can also lend

15 themselves to official abuse.

16 (A) In 1991, the office of Technology As17 sessment commented on the possibility of gun

18 owner registration under Virginia’s instant

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

20 registration] exists regardless of legal prohibi21 tions.’’

22 (B) A Justice Department Task Force

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

24 a criminal record check prior to purchase of a

25 firearm creates the potential for the automated
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1 tracking of individuals who seek to purchase

2 firearms.’’

3 SEC. 3. SECOND AMENDMENT RESTORATION.

4 (a) Public Law 103–159 is hereby repealed, and any

5 provisions of law amended or repealed by such Act are

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

7 (b) The Assault Weapon Manufacturing Strict Liabil8 ity Act of 1990 (D.C. Act 8–289, signed by the Mayor

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

10 hereby repealed, and any provisions of law amended or re11 pealed by such Act are restored or revived as if such Act

12 had not been enacted.

13 (c) The second sentence of paragraph (4) of sub14 section (g) of section 923 of title 18, United States Code,

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

16 the business is absolute, such records shall be delivered

17 within thirty days after the business discontinuance to an18 other licensee.’’.

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

20 924 of title 18, United States Code, is amended by adding

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

22 subtitle E of title 26, United States Code, including a pro23 ceeding before an Administrative Law Judge’’.

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

25 924 of title 18, United States Code, is amended by adding
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1 after ‘‘chapter’’ the following: ‘‘or under chapter 53 of

2 subtitle E of title 26, United States Code, including a pro3 ceeding before an Administrative Law Judge’’.

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

5 924 of title 18, United States Code, is amended by strik6 ing all after ‘‘(D)’’ and inserting in lieu thereof the follow7 ing: ‘‘Any person aggrieved by the violation of any civil

8 or constitutional right in connection with the lawful pos9 session or use of a firearm by the Government of the

10 United States or any official or employee thereof or the

11 government of any State or subdivision or any official em12 ployee thereof may bring an action for actual and punitive

13 damages in the Federal district court in which such person

14 resides or transacts business. The court may award a pre15 vailing plaintiff, other than the Government of the United

16 States or any State or any subdivision thereof, or any offi17 cial or employee thereof, reasonable attorneys’ fees and

18 costs. Nothing in this subparagraph shall be construed to

19 limit any remedies which may otherwise be available to

20 such person.’’

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

22 amended by adding at the end thereof the following new

23 subsections:

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

25 or subdivision thereof, enacted to regulate the level of any
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1 pollutant or pollutants may be applied to the sale, trans2 portation, possession, importation, or use of any firearm

3 or ammunition.

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

5 Tobacco and Firearms may undertake any investigation

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

7 reasonably require expenditures in excess of $4,000 with8 out prior written approval by the Deputy Secretary of the

9 Treasury.

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

11 Tobacco and Firearms may undertake any investigation

12 in consultation or cooperation with the Internal Revenue

13 Service without prior written approval by the Deputy Sec14 retary of the Treasury.

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

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

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

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

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

20 of firearms owners, other than those required to be main21 tained under title 26, United States Code, nor shall such

22 officer, agent, or employee transfer information concern23 ing the identities of firearms owners to a facility owned,

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

25 or political subdivision thereof, nor shall such officer,
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1 agent, or employee participate in the establishment of any

2 system of registration of firearms, firearms owners, or

3 firearms transactions or dispositions. Any list, record,

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

5 been created or expanded following the effective date of

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

7 any records delivered to the Secretary pursuant to para8 graph (4) of subsection (g) of section 923 of title 18,

9 United States Code, shall be destroyed within ninety days

10 of the effective date of this Act.

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

12 civil or constitutional right in connection with a violation

13 of the provisions or this subsection by the Government of

14 the United States or any official or employee thereof or

15 the government of any State or subdivision or any official

16 or employee thereof may bring an action for actual and

17 punitive damages in the Federal district court in which

18 such person resides or transacts business. The court may

19 award a prevailing plaintiff, other than the Government

20 of the United States or any subdivision thereof, or any

21 official or employee thereof, reasonable attorneys’ fees and

22 costs. Nothing in this subparagraph shall be construed to

23 limit any remedies which may otherwise be available to

24 such person.’’.
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1 SEC. 4. SEVERABILITY.

2 If any provision of this Act or the application thereof

3 to any person or circumstance is held invalid, the invalid4 ity does not affect other provisions or applications of the

5 Act which can be given effect without the invalid provi6 sions or applications, and to this end the provisions of this

7 Act are severable.

8 SEC. 5. EFFECTIVE DATE.

9 The provisions of this Act shall take effect imme10 diately upon enactment.

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