IV 

110TH CONGRESS 

2D SESSION H. RES. 1331 

Providing for the consideration of the bill (H.R. 1399) to restore Second 

Amendment rights in the District of Columbia. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 10, 2008 

Mr. SOUDER submitted the following resolution; which was referred to the 

Committee on Rules 

RESOLUTION 

Providing for the consideration of the bill (H.R. 1399) to 

restore Second Amendment rights in the District of Columbia. 

1 Resolved, That immediately upon the adoption of this 

2 resolution the House shall without intervention of any 

3 point of order consider in the House the bill (H.R. 1399) 

4 to restore Second Amendment rights in the District of Co5 lumbia. The amendment printed in section 2 of this resolu6 tion shall be considered as adopted. The bill, as amended, 

7 shall be considered as read. All points of order against 

8 the bill, as amended, are waived. The previous question 

9 shall be considered as ordered on the bill, as amended, 

10 to final passage without intervening motion except: (1) one 


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1 hour of debate on the bill equally divided and controlled 

2 by the majority leader and the minority leader, or their 

3 designees; and (2) one motion to recommit with or without 

4 instructions. 

5 SEC. 2. The amendment referred to in section 1 is 

6 as follows: Strike all after the enacting clause and insert 

7 the following: 

8 ‘‘SEC. 1. SHORT TITLE. 

9 ‘‘This Act may be cited as the ‘Second Amendment 

10 Enforcement Act’. 

11 ‘‘SEC. 2. CONGRESSIONAL FINDINGS. 

12 ‘‘Congress finds the following: 

13 ‘‘(1) The Second Amendment to the United 

14 States Constitution provides that the right of the 

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

16 ‘‘(2) As the Congress and the Supreme Court 

17 of the United States have recognized, the Second 

18 Amendment to the United States Constitution pro19 tects the rights of individuals, including those who 

20 are not members of a militia or engaged in military 

21 service or training, to keep and bear arms. 

22 ‘‘(3) The law-abiding citizens of the District of 

23 Columbia are deprived by local laws and by public 

24 housing leases of handguns, rifles, and shotguns that 

25 are commonly kept by law-abiding persons throughVerDate Aug 31 2005 21:28 Jul 11, 2008 Jkt 069200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\HR1331.IH HR1331

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1 out the United States for sporting use and for lawful 

2 defense of their persons, homes, businesses, and 

3 families. 

4 ‘‘(4) The District of Columbia has one of the 

5 highest per capita murder rates in the Nation, which 

6 may be attributed in part to local laws prohibiting 

7 possession of firearms by law-abiding persons who 

8 would otherwise be able to defend themselves and 

9 their loved ones in their own homes and businesses. 

10 ‘‘(5) The Federal Gun Control Act of 1968, as 

11 amended by the Firearms Owners’ Protection Act of 

12 1986, and the Brady Handgun Violence Prevention 

13 Act of 1993, provide comprehensive Federal regula14 tions applicable in the District of Columbia as else15 where. In addition, existing District of Columbia 

16 criminal laws punish possession and illegal use of 

17 firearms by violent criminals and felons. Con18 sequently, there is no need for local laws which only 

19 affect and disarm law-abiding citizens. 

20 ‘‘(6) Officials of the District of Columbia have 

21 indicated their intention to continue to unduly re22 strict lawful firearm possession and use by citizens 

23 of the District. 

24 ‘‘(7) Legislation is required to correct the Dis25 trict of Columbia’s law in order to restore the fundaVerDate Aug 31 2005 21:28 Jul 11, 2008 Jkt 069200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\HR1331.IH HR1331

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1 mental rights of its citizens under the Second 

2 Amendment to the United States Constitution and 

3 thereby enhance public safety. 

4 ‘‘SEC. 3. REFORM DC COUNCIL’S AUTHORITY TO RESTRICT 

5 FIREARMS. 

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

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

8 Columbia’, approved June 30, 1906 (34 Stat. 809; section 

9 1–303.43, D.C. Official Code) is amended by adding at 

10 the end the following: ‘Nothing in this section or any other 

11 provision of law shall authorize, or shall be construed to 

12 permit, the Council, the Mayor, any governmental or regu13 latory authority of the District of Columbia, or any inde14 pendent authority of the District government, to prohibit, 

15 constructively prohibit, or unduly burden the ability of 

16 persons not prohibited from possessing firearms under 

17 Federal law from acquiring, possessing in their homes or 

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

19 lawful purposes, any firearm neither prohibited by Federal 

20 law nor subject to the National Firearms Act. The District 

21 of Columbia and its independent authorities shall not have 

22 authority to enact or impose laws, regulations or lease pro23 visions that discourage or eliminate the private ownership 

24 or use of firearms.’. 


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1 ‘‘SEC. 4. REPEAL DC SEMIAUTOMATIC BAN. 

2 ‘‘(a) IN GENERAL.—Section 101(10) of the Firearms 

3 Control Regulations Act of 1975 (section 7–2501.01(10), 

4 D.C. Official Code) is amended to read as follows: 

5 ‘‘ ‘(10) ‘‘Machine gun’’ means any firearm 

6 which shoots, is designed to shoot, or can be readily 

7 restored to shoot automatically, more than 1 shot, 

8 without manual reloading, by a single function of 

9 the trigger, and includes the frame or receiver of 

10 any such weapon, any part designed and intended 

11 solely and exclusively, or combination of parts de12 signed and intended, for use in converting a weapon 

13 into a machine gun, and any combination of parts 

14 from which a machine gun can be assembled if such 

15 parts are in the possession or under the control of 

16 a person.’. 

17 ‘‘(b) CONFORMING AMENDMENT TO PROVISIONS

18 SETTING FORTH CRIMINAL PENALTIES.—Section 1(c) of 

19 the Act of July 8, 1932 (47 Stat. 651; section 22–4501(c), 

20 D.C. Official Code) is amended to read as follows: 

21 ‘‘ ‘(c) ‘‘Machine gun’’, as used in this Act, has the 

22 meaning given such term in section 101(10) of the Fire23 arms Control Regulations Act of 1975.’. 

24 ‘‘SEC. 5. REPEAL REGISTRATION REQUIREMENT. 

25 ‘‘(a) REPEAL OF REQUIREMENT.— 


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1 ‘‘(1) IN GENERAL.—Section 201(a) of the Fire2 arms Control Regulations Act of 1975 (section 7– 

3 2502.01(a), D.C. Official Code) is amended by strik4 ing ‘any firearm, unless’ and all that follows through 

5 paragraph (3) and inserting the following: ‘any fire6 arm described in subsection (c).’. 

7 ‘‘(2) DESCRIPTION OF FIREARMS REMAINING

8 ILLEGAL.—Section 201 of such Act (section 7– 

9 2502.01, D.C. Official Code) is amended by adding 

10 at the end the following new subsection: 

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

12 of the following: 

13 ‘‘ ‘(1) A sawed-off shotgun. 

14 ‘‘ ‘(2) A machine gun. 

15 ‘‘ ‘(3) A short-barreled rifle.’. 

16 ‘‘(3) CONFORMING AMENDMENT.—The heading 

17 of section 201 of such Act (section 7–2502.01, D.C. 

18 Official Code) is amended by striking ‘Registration 

19 requirements’ and inserting ‘Firearm Possession’. 

20 ‘‘(b) CONFORMING AMENDMENTS TO FIREARMS

21 CONTROL REGULATIONS ACT.—The Firearms Control 

22 Regulations Act of 1975 is amended as follows: 

23 ‘‘(1) Sections 202 through 211 (section 7– 

24 2502.02 through 7–2502.11, D.C. Official Code) are 

25 repealed. 


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1 ‘‘(2) Section 101 (section 7–2501.01, D.C. Offi2 cial Code) is amended by striking paragraph (13). 

3 ‘‘(3) Section 401 (section 7–2504.01, D.C. Offi4 cial Code) is amended— 

5 ‘‘(A) in subsection (a), by striking ‘the 

6 District;’ and all that follows and inserting the 

7 following: ‘the District, except that a person 

8 may engage in hand loading, reloading, or cus9 tom loading of ammunition for non-commercial 

10 use.’; and 

11 ‘‘(B) in subsection (b), by striking ‘which 

12 are unregisterable under section 202’ and in13 serting ‘which are prohibited under section 

14 201’. 

15 ‘‘(4) Section 402 (section 7–2504.02, D.C. Offi16 cial Code) is amended— 

17 ‘‘(A) in subsection (a), by striking ‘Any 

18 person eligible to register a firearm’ and all 

19 that follows through ‘such business,’ and insert20 ing the following: ‘Any person not otherwise 

21 prohibited from possessing or receiving a fire22 arm under Federal or District law, or from 

23 being licensed under section 923 of title 18, 

24 United States Code,’; and 


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1 ‘‘(B) in subsection (b), by amending para2 graph (1) to read as follows: 

3 ‘‘ ‘(1) The applicant’s name;’. 

4 ‘‘(5) Section 403(b) (section 7–2504.03(b), 

5 D.C. Official Code) is amended by striking ‘registra6 tion certificate’ and inserting ‘dealer’s license’. 

7 ‘‘(6) Section 404(a)(3) (section 7– 

8 2504.04(a)(3), D.C. Official Code) is amended— 

9 ‘‘(A) in subparagraph (B)(i), by striking 

10 ‘registration certificate number (if any) of the 

11 firearm,’; 

12 ‘‘(B) in subparagraph (B)(iv), by striking 

13 ‘holding the registration certificate’ and insert14 ing ‘from whom it was received for repair’; 

15 ‘‘(C) in subparagraph (C)(i), by striking 

16 ‘and registration certificate number (if any) of 

17 the firearm’; 

18 ‘‘(D) in subparagraph (C)(ii), by striking 

19 ‘registration certificate number or’; 

20 ‘‘(E) by striking subparagraphs (D) and 

21 (E). 

22 ‘‘(7) Section 406(c) (section 7–2504.06(c), D.C. 

23 Official Code) is amended to read as follows: 


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1 ‘‘ ‘(c) Within 45 days of a decision becoming effective 

2 which is unfavorable to a licensee or to an applicant for 

3 a dealer’s license, the licensee or application shall— 

4 ‘‘ ‘(1) lawfully remove from the District all de5 structive devices in his inventory, or peaceably sur6 render to the Chief all destructive devices in his in7 ventory in the manner provided in section 705; and 

8 ‘‘ ‘(2) lawfully dispose, to himself or to another, 

9 any firearms and ammunition in his inventory.’. 

10 ‘‘(8) Section 407(b) (section 7–2504.07(b), 

11 D.C. Official Code) is amended by striking ‘would 

12 not be eligible’ and all that follows and inserting ‘is 

13 prohibited from possessing or receiving a firearm 

14 under Federal or District law.’. 

15 ‘‘(9) Section 502 (section 7–2505.02, D.C. Offi16 cial Code) is amended— 

17 ‘‘(A) by amending subsection (a) to read 

18 as follows: 

19 ‘‘ ‘(a) Any person or organization not prohibited from 

20 possessing or receiving a firearm under Federal or District 

21 law may sell or otherwise transfer ammunition or any fire22 arm, except those which are prohibited under section 201, 

23 to a licensed dealer.’; 

24 ‘‘(B) by amending subsection (c) to read 

25 as follows: 


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1 ‘‘ ‘(c) Any licensed dealer may sell or otherwise trans2 fer a firearm to any person or organization not otherwise 

3 prohibited from possessing or receiving such firearm under 

4 Federal or District law.’; 

5 ‘‘(C) in subsection (d), by striking para6 graphs (2) and (3); and 

7 ‘‘(D) by striking subsection (e). 

8 ‘‘(10) Section 704 (section 7–2507.04, D.C. Of9 ficial Code) is amended— 

10 ‘‘(A) in subsection (a), by striking ‘any 

11 registration certificate or’ and inserting ‘a’; and 

12 ‘‘(B) in subsection (b), by striking ‘reg13 istration certificate,’. 

14 ‘‘(c) OTHER CONFORMING AMENDMENTS.—Section 

15 2(4) of the Illegal Firearm Sale and Distribution Strict 

16 Liability Act of 1992 (section 7–2531.01(2)(4), D.C. Offi17 cial Code) is amended— 

18 ‘‘(1) in subparagraph (A), by striking ‘or ignor19 ing proof of the purchaser’s residence in the District 

20 of Columbia’; and 

21 ‘‘(2) in subparagraph (B), by striking ‘registra22 tion and’. 

23 ‘‘SEC. 6. REPEAL HANDGUN AMMUNITION BAN. 

24 ‘‘(a) DEFINITION OF RESTRICTED PISTOL BUL25 LET.—Section 101(13a) of the Firearms Control RegulaVerDate Aug 31 2005 21:28 Jul 11, 2008 Jkt 069200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\HR1331.IH HR1331

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1 tions Act of 1975 (section 7–2501.01(13a)) is amended 

2 to read as follows: 

3 ‘‘ ‘(13)(A) ‘‘Restricted pistol bullet’’ means— 

4 ‘‘ ‘(i) a projectile or projectile core 

5 which may be used in a handgun and 

6 which is constructed entirely (excluding the 

7 presence of traces of other substances) 

8 from one or a combination of tungsten al9 loys, steel, iron, brass, bronze, beryllium 

10 copper, or depleted uranium; or 

11 ‘‘ ‘(ii) a full-jacketed projectile larger 

12 than .22 caliber designed and intended for 

13 use in a handgun and whose jacket has a 

14 weight of more than 25 percent of the total 

15 weight of the projectile. 

16 ‘‘ ‘(B) The term ‘‘restricted pistol bullet’’ 

17 does not include shotgun shot required by Fed18 eral or State environmental or game regulations 

19 for hunting purposes, a frangible projectile de20 signed for target shooting, a projectile which 

21 the Attorney General of the United States (pur22 suant to section 921(a)(17) of title 18, United 

23 States Code) finds is primarily intended to be 

24 used for sporting purposes, or any other projec25 tile or projectile core which the Attorney GenVerDate Aug 31 2005 21:28 Jul 11, 2008 Jkt 069200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\HR1331.IH HR1331

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1 eral finds is intended to be used for industrial 

2 purposes, including a charge used in an oil and 

3 gas well perforating device.’ ’’. 

4 ‘‘(b) REPEAL OF BAN.—Section 601 of the Firearms 

5 Control Regulations Act of 1975 (section 7–2506.01, D.C. 

6 Official Code) is amended— 

7 ‘‘(1) by striking ‘ammunition’ each place it ap8 pears (other than paragraph (4)) and inserting ‘re9 stricted pistol bullets’; and 

10 ‘‘(2) by striking paragraphs (3) and (4). 

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

12 ‘‘Section 702 of the Firearms Control Regulations 

13 Act of 1975 (section 7–2507.02, D.C. Official Code) is re14 pealed. 

15 ‘‘SEC. 8. REMOVE CRIMINAL PENALTIES FOR POSSESSION 

16 OF UNREGISTERED FIREARMS. 

17 ‘‘(a) IN GENERAL.—Section 706 of the Firearms 

18 Control Regulations Act of 1975 (section 7–2507.06, D.C. 

19 Official Code) is amended— 

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

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

22 ‘‘(2) by striking paragraph (2). 

23 ‘‘(b) EFFECTIVE DATE.—The amendments made by 

24 subsection (a) shall apply with respect to violations occurVerDate Aug 31 2005 21:28 Jul 11, 2008 Jkt 069200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\HR1331.IH HR1331

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1 ring after the 60-day period which begins on the date of 

2 the enactment of this Act. 

3 ‘‘SEC. 9. REMOVE CRIMINAL PENALTIES FOR CARRYING A 

4 FIREARM IN ONE’S DWELLING OR OTHER 

5 PREMISES. 

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

7 8, 1932 (47 Stat. 651; section 22–4504(a), D.C. Official 

8 Code) is amended— 

9 ‘‘(1) in the matter before paragraph (1), by 

10 striking ‘a pistol,’ and inserting the following: ‘ex11 cept in his dwelling house or place of business or on 

12 other land possessed by that person, whether loaded 

13 or unloaded, a firearm,’; and 

14 ‘‘(2) by striking ‘except that:’ and all that fol15 lows through ‘(2) If the violation’ and inserting ‘ex16 cept that if the violation’. 

17 ‘‘(b) TREATMENT OF CERTAIN EXCEPTIONS.—Sec18 tion 5(a) of such Act (47 Stat. 651; section 22–4505(a), 

19 D.C. Official Code) is amended— 

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

21 and inserting ‘firearm’; and 

22 ‘‘(2) by striking the period at the end and in23 serting the following: ‘, or to any person while car24 rying or transporting a firearm used in connection 

25 with an organized military activity, a target shoot, 


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1 formal or informal target practice, sport shooting 

2 event, hunting, a firearms or hunter safety class, 

3 trapping, or a dog obedience training class or show, 

4 or the moving by a bona fide gun collector of part 

5 or all of the collector’s gun collection from place to 

6 place for public or private exhibition while the per7 son is engaged in, on the way to, or returning from 

8 that activity if each firearm is unloaded and carried 

9 in an enclosed case or an enclosed holster, or to any 

10 person carrying or transporting a firearm in compli11 ance with sections 926A, 926B, or 926C of title 18, 

12 United States Code.’. 

13 ‘‘(c) EFFECTIVE DATE.—The amendments made by 

14 this section shall apply with respect to violations occurring 

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

16 enactment of this Act. 

17 ‘‘SEC. 10. REPEALING STRICT LIABILITY FOR MANUFAC18 TURERS. 

19 ‘‘Section 7–2551, D.C. Official Code, is repealed.’’. 

Æ 


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