111TH CONGRESS 

1ST SESSION S. 160 

AN ACT 

To provide the District of Columbia a voting seat and the 

State of Utah an additional seat in the House of Representatives. 

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 TITLE I—DISTRICT OF COLUM2 BIA HOUSE VOTING RIGHTS 

3 ACT OF 2009 

4 SECTION 1. SHORT TITLE. 

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

6 House Voting Rights Act of 2009’’. 

7 SEC. 2. TREATMENT OF DISTRICT OF COLUMBIA AS CON8 GRESSIONAL DISTRICT. 

9 (a) CONGRESSIONAL DISTRICT AND NO SENATE

10 REPRESENTATION.— 

11 (1) IN GENERAL.—Notwithstanding any other 

12 provision of law, the District of Columbia shall be 

13 considered a congressional district for purposes of 

14 representation in the House of Representatives. 

15 (2) NO REPRESENTATION PROVIDED IN SEN16 ATE.—The District of Columbia shall not be consid17 ered a State for purposes of representation in the 

18 United States Senate. 

19 (b) CONFORMING AMENDMENTS RELATING TO AP20 PORTIONMENT OF MEMBERS OF HOUSE OF REPRESENTA21 TIVES.— 

22 (1) INCLUSION OF SINGLE DISTRICT OF COLUM23 BIA MEMBER IN REAPPORTIONMENT OF MEMBERS

24 AMONG STATES.—Section 22 of the Act entitled ‘‘An 

25 Act to provide for the fifteenth and subsequent de-
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1 cennial censuses and to provide for apportionment of 

2 Representatives in Congress’’, approved June 28, 

3 1929 (2 U.S.C. 2a), is amended by adding at the 

4 end the following new subsection: 

5 ‘‘(d) This section shall apply with respect to the Dis6 trict of Columbia in the same manner as this section ap7 plies to a State, except that the District of Columbia may 

8 not receive more than one Member under any reapportion9 ment of Members.’’. 

10 (2) CLARIFICATION OF DETERMINATION OF

11 NUMBER OF PRESIDENTIAL ELECTORS ON BASIS OF

12 23RD AMENDMENT.—Section 3 of title 3, United 

13 States Code, is amended by striking ‘‘come into of14 fice;’’ and inserting ‘‘come into office (subject to the 

15 twenty-third article of amendment to the Constitu16 tion of the United States in the case of the District 

17 of Columbia);’’. 

18 SEC. 3. INCREASE IN MEMBERSHIP OF HOUSE OF REP19 RESENTATIVES. 

20 (a) PERMANENT INCREASE IN NUMBER OF MEM21 BERS.—Effective with respect to the 112th Congress, or 

22 the first Congress sworn in after the implementation of 

23 this Act, and each succeeding Congress, the House of Rep24 resentatives shall be composed of 437 Members, including 
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1 the Member representing the District of Columbia pursu2 ant to section 2(a). 

3 (b) REAPPORTIONMENT OF MEMBERS RESULTING

4 FROM INCREASE.— 

5 (1) IN GENERAL.—Section 22(a) of the Act en6 titled ‘‘An Act to provide for the fifteenth and subse7 quent decennial censuses and to provide for appor8 tionment of Representatives in Congress’’, approved 

9 June 28, 1929 (2 U.S.C. 2a(a)), is amended by 

10 striking ‘‘the then existing number of Representa11 tives’’ and inserting ‘‘the number of Representatives 

12 established with respect to the 112th Congress, or 

13 the first Congress sworn in after implementation of 

14 the District of Columbia House Voting Rights Act of 

15 2009’’. 

16 (2) EFFECTIVE DATE.—The amendment made 

17 by paragraph (1) shall apply with respect to the reg18 ular decennial census conducted for 2010 and each 

19 subsequent regular decennial census. 

20 (c) TRANSMITTAL OF REVISED APPORTIONMENT IN21 FORMATION BY PRESIDENT.— 

22 (1) STATEMENT OF APPORTIONMENT BY PRESI23 DENT.—Not later than 30 days after the date of the 

24 enactment of this Act, the President shall transmit 

25 to Congress a revised version of the most recent 
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1 statement of apportionment submitted under section 

2 22 of the Act entitled ‘‘An Act to provide for the fif3 teenth and subsequent decennial censuses and to 

4 provide for apportionment of Representatives in 

5 Congress’’, approved June 28, 1929 (2 U.S.C. 2a), 

6 to take into account this Act and the amendments 

7 made by this Act. The statement shall reflect that 

8 the District of Columbia is entitled to one Rep9 resentative and shall identify the other State entitled 

10 to one representative under this section. Pursuant to 

11 section 22 of the Act entitled ‘‘An Act to provide for 

12 the fifteenth and subsequent decennial censuses and 

13 to provide for apportionment of Representatives in 

14 Congress’’, approved June 28, 1929 (2 U.S.C. 2a), 

15 as amended by this Act, and the regular decennial 

16 census conducted for 2000, the State entitled to the 

17 one additional representative is Utah. 

18 (2) REPORT BY CLERK.—Not later than 15 cal19 endar days after receiving the revised version of the 

20 statement of apportionment under paragraph (1), 

21 the Clerk of the House of Representatives shall sub22 mit a report to the Speaker of the House of Rep23 resentatives indicating that the District of Columbia 

24 is entitled to one Representative and identifying the 

25 State which is entitled to one additional Representa-
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1 tive pursuant to this section. Pursuant to section 22 

2 of the Act entitled ‘‘An Act to provide for the fif3 teenth and subsequent decennial censuses and to 

4 provide for apportionment of Representatives in 

5 Congress’’, approved June 28, 1929 (2 U.S.C. 2a), 

6 as amended by this Act, and the regular decennial 

7 census conducted for 2000, the State entitled to the 

8 one additional representative is Utah. 

9 (3) ADDITIONAL STATEMENTS AND REPORTS.— 

10 (A) IN GENERAL.—Subject to subpara11 graph (B) and following the revised statement 

12 of apportionment and subsequent report under 

13 paragraphs (1) and (2), the Statement of Ap14 portionment by the President and subsequent 

15 reports by the Clerk of the House of Represent16 atives shall continue to be issued at the inter17 vals and pursuant to the methodology specified 

18 under section 22 of the Act entitled ‘‘An Act to 

19 provide for the fifteenth and subsequent decen20 nial censuses and to provide for apportionment 

21 of Representatives in Congress’’, approved June 

22 28, 1929 (2 U.S.C. 2a), as amended by this 

23 Act. 

24 (B) FAILURE TO COMPLETE.—In the event 

25 that the revised statement of apportionment 
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1 and subsequent report under paragraphs (1) 

2 and (2) can not be completed prior to the 

3 issuance of the regular statement of apportion4 ment and subsequent report under section 22 of 

5 the Act entitled ‘‘An Act to provide for the fif6 teenth and subsequent decennial censuses and 

7 to provide for apportionment of Representatives 

8 in Congress’’, approved June 28, 1929 (2 

9 U.S.C. 2a), as amended by this Act, the Presi10 dent and Clerk may disregard paragraphs (1) 

11 and (2). 

12 SEC. 4. UTAH REDISTRICTING PLAN. 

13 The general election for the additional Representative 

14 to which the State of Utah is entitled for the 112th Con15 gress, pursuant to section 3(c), shall be elected pursuant 

16 to a redistricting plan enacted by the State, such as the 

17 plan the State of Utah signed into law on December 5, 

18 2006, which— 

19 (1) revises the boundaries of congressional dis20 tricts in the State to take into account the additional 

21 Representative to which the State is entitled under 

22 section 3; and 

23 (2) remains in effect until the taking effect of 

24 the first reapportionment occurring after the regular 

25 decennial census conducted for 2010. 
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1 SEC. 5. EFFECTIVE DATE. 

2 The additional Representative other than the Rep3 resentative from the District of Columbia, pursuant to sec4 tion 3(c), and the Representative from the District of Co5 lumbia shall be sworn in and seated as Members of the 

6 House of Representatives on the same date as other Mem7 bers of the 112th Congress or the first Congress sworn 

8 in after implementation of this Act. 

9 SEC. 6. CONFORMING AMENDMENTS. 

10 (a) REPEAL OF OFFICE OF DISTRICT OF COLUMBIA

11 DELEGATE.— 

12 (1) REPEAL OF OFFICE.— 

13 (A) IN GENERAL.—Sections 202 and 204 

14 of the District of Columbia Delegate Act (Pub15 lic Law 91–405; sections 1–401 and 1–402, 

16 D.C. Official Code) are repealed, and the provi17 sions of law amended or repealed by such sec18 tions are restored or revived as if such sections 

19 had not been enacted. 

20 (B) EFFECTIVE DATE.—The amendments 

21 made by this subsection shall take effect on the 

22 date on which a Representative from the Dis23 trict of Columbia takes office. 

24 (2) CONFORMING AMENDMENTS TO DISTRICT

25 OF COLUMBIA ELECTIONS CODE OF 1955.—The Dis-
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1 trict of Columbia Elections Code of 1955 is amended 

2 as follows: 

3 (A) In section 1 (sec. 1–1001.01, D.C. Of4 ficial Code), by striking ‘‘the Delegate to the 

5 House of Representatives,’’ and inserting ‘‘the 

6 Representative in Congress,’’. 

7 (B) In section 2 (sec. 1–1001.02, D.C. Of8 ficial Code)— 

9 (i) by striking paragraph (6); and 

10 (ii) in paragraph (13), by striking 

11 ‘‘the Delegate to Congress for the District 

12 of Columbia,’’ and inserting ‘‘the Rep13 resentative in Congress,’’. 

14 (C) In section 8 (sec. 1–1001.08, D.C. Of15 ficial Code)— 

16 (i) in the heading, by striking ‘‘Dele17 gate’’ and inserting ‘‘Representative’’; and 

18 (ii) by striking ‘‘Delegate,’’ each place 

19 it appears in subsections (h)(1)(A), (i)(1), 

20 and (j)(1) and inserting ‘‘Representative in 

21 Congress,’’. 

22 (D) In section 10 (sec. 1–1001.10, D.C. 

23 Official Code)— 

24 (i) in subsection (a)(3)(A)— 
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1 (I) by striking ‘‘or section 206(a) 

2 of the District of Columbia Delegate 

3 Act’’; and 

4 (II) by striking ‘‘the office of 

5 Delegate to the House of Representa6 tives’’ and inserting ‘‘the office of 

7 Representative in Congress’’; 

8 (ii) in subsection (d)(1), by striking 

9 ‘‘Delegate,’’ each place it appears; and 

10 (iii) in subsection (d)(2)— 

11 (I) by striking ‘‘(A) In the event’’ 

12 and all that follows through ‘‘term of 

13 office,’’ and inserting ‘‘In the event 

14 that a vacancy occurs in the office of 

15 Representative in Congress before 

16 May 1 of the last year of the Rep17 resentative’s term of office,’’; and 

18 (II) by striking subparagraph 

19 (B). 

20 (E) In section 11(a)(2) (sec. 1– 

21 1001.11(a)(2), D.C. Official Code), by striking 

22 ‘‘Delegate to the House of Representatives,’’ 

23 and inserting ‘‘Representative in Congress,’’. 
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1 (F) In section 15(b) (sec. 1–1001.15(b), 

2 D.C. Official Code), by striking ‘‘Delegate,’’ 

3 and inserting ‘‘Representative in Congress,’’. 

4 (G) In section 17(a) (sec. 1–1001.17(a), 

5 D.C. Official Code), by striking ‘‘the Delegate 

6 to Congress from the District of Columbia’’ and 

7 inserting ‘‘the Representative in Congress’’. 

8 (b) REPEAL OF OFFICE OF STATEHOOD REPRESENT9 ATIVE.— 

10 (1) IN GENERAL.—Section 4 of the District of 

11 Columbia Statehood Constitutional Convention Ini12 tiative of 1979 (sec. 1–123, D.C. Official Code) is 

13 amended as follows: 

14 (A) By striking ‘‘offices of Senator and 

15 Representative’’ each place it appears in sub16 section (d) and inserting ‘‘office of Senator’’. 

17 (B) In subsection (d)(2)— 

18 (i) by striking ‘‘a Representative or’’; 

19 (ii) by striking ‘‘the Representative 

20 or’’; and 

21 (iii) by striking ‘‘Representative shall 

22 be elected for a 2-year term and each’’. 

23 (C) In subsection (d)(3)(A), by striking 

24 ‘‘and 1 United States Representative’’. 
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1 (D) By striking ‘‘Representative or’’ each 

2 place it appears in subsections (e), (f), (g), and 

3 (h). 

4 (E) By striking ‘‘Representative’s or’’ each 

5 place it appears in subsections (g) and (h). 

6 (2) CONFORMING AMENDMENTS.— 

7 (A) STATEHOOD COMMISSION.—Section 6 

8 of such Initiative (sec. 1–125, D.C. Official 

9 Code) is amended— 

10 (i) in subsection (a)— 

11 (I) by striking ‘‘27 voting mem12 bers’’ and inserting ‘‘26 voting mem13 bers’’; 

14 (II) by adding ‘‘and’’ at the end 

15 of paragraph (5); and 

16 (III) by striking paragraph (6) 

17 and redesignating paragraph (7) as 

18 paragraph (6); and 

19 (ii) in subsection (a–1)(1), by striking 

20 subparagraph (H). 

21 (B) AUTHORIZATION OF APPROPRIA22 TIONS.—Section 8 of such Initiative (sec. 1– 

23 127, D.C. Official Code) is amended by striking 

24 ‘‘and House’’. 
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1 (C) APPLICATION OF HONORARIA LIMITA2 TIONS.—Section 4 of D.C. Law 8–135 (sec. 1– 

3 131, D.C. Official Code) is amended by striking 

4 ‘‘or Representative’’ each place it appears. 

5 (D) APPLICATION OF CAMPAIGN FINANCE

6 LAWS.—Section 3 of the Statehood Convention 

7 Procedural Amendments Act of 1982 (sec. 1– 

8 135, D.C. Official Code) is amended by striking 

9 ‘‘and United States Representative’’. 

10 (E) DISTRICT OF COLUMBIA ELECTIONS

11 CODE OF 1955.—The District of Columbia Elec12 tions Code of 1955 is amended— 

13 (i) in section 2(13) (sec. 1– 

14 1001.02(13), D.C. Official Code), by strik15 ing ‘‘United States Senator and Represent16 ative,’’ and inserting ‘‘United States Sen17 ator,’’; and 

18 (ii) in section 10(d) (sec. 1– 

19 1001.10(d)(3), D.C. Official Code), by 

20 striking ‘‘United States Representative 

21 or’’. 

22 (3) EFFECTIVE DATE.—The amendments made 

23 by this subsection shall take effect on the date on 

24 which a Representative from the District of Colum25 bia takes office. 
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1 (c) CONFORMING AMENDMENTS REGARDING AP2 POINTMENTS TO SERVICE ACADEMIES.— 

3 (1) UNITED STATES MILITARY ACADEMY.—Sec4 tion 4342 of title 10, United States Code, is amend5 ed— 

6 (A) in subsection (a), by striking para7 graph (5); and 

8 (B) in subsection (f), by striking ‘‘the Dis9 trict of Columbia,’’. 

10 (2) UNITED STATES NAVAL ACADEMY.—Such 

11 title is amended— 

12 (A) in section 6954(a), by striking para13 graph (5); and 

14 (B) in section 6958(b), by striking ‘‘the 

15 District of Columbia,’’. 

16 (3) UNITED STATES AIR FORCE ACADEMY.— 

17 Section 9342 of title 10, United States Code, is 

18 amended— 

19 (A) in subsection (a), by striking para20 graph (5); and 

21 (B) in subsection (f), by striking ‘‘the Dis22 trict of Columbia,’’. 

23 (4) EFFECTIVE DATE.—This subsection and the 

24 amendments made by this subsection shall take ef-
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1 fect on the date on which a Representative from the 

2 District of Columbia takes office. 

3 SEC. 7. NONSEVERABILITY OF PROVISIONS AND NON4 APPLICABILITY. 

5 (a) NONSEVERABILITY.—If any provision of section 

6 2(a)(1), 2(b)(1), or 3 or any amendment made by those 

7 sections is declared or held invalid or unenforceable by a 

8 court of competent jurisdiction, the remaining provisions 

9 of this Act or any amendment made by this Act shall be 

10 treated and deemed invalid and shall have no force or ef11 fect of law. 

12 (b) NONAPPLICABILITY.—Nothing in the Act shall be 

13 construed to affect the first reapportionment occurring 

14 after the regular decennial census conducted for 2010 if 

15 this Act has not taken effect. 

16 SEC. 8. JUDICIAL REVIEW. 

17 (a) SPECIAL RULES FOR ACTIONS BROUGHT ON

18 CONSTITUTIONAL GROUNDS.—If any action is brought to 

19 challenge the constitutionality of any provision of this Act 

20 or any amendment made by this Act, the following rules 

21 shall apply: 

22 (1) The action shall be filed in the United 

23 States District Court for the District of Columbia 

24 and shall be heard by a 3-judge court convened pur-
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1 suant to section 2284 of title 28, United States 

2 Code. 

3 (2) A copy of the complaint shall be delivered 

4 promptly to the Clerk of the House of Representa5 tives and the Secretary of the Senate. 

6 (3) A final decision in the action shall be re7 viewable only by appeal directly to the Supreme 

8 Court of the United States. Such appeal shall be 

9 taken by the filing of a notice of appeal within 10 

10 days, and the filing of a jurisdictional statement 

11 within 30 days, of the entry of the final decision. 

12 (4) It shall be the duty of the United States 

13 District Court for the District of Columbia and the 

14 Supreme Court of the United States to advance on 

15 the docket and to expedite to the greatest possible 

16 extent the disposition of the action and appeal. 

17 (b) INTERVENTION BY MEMBERS OF CONGRESS.— 

18 (1) IN GENERAL.—In any action in which the 

19 constitutionality of any provision of this Act or any 

20 amendment made by this Act is challenged (includ21 ing an action described in subsection (a)), any mem22 ber of the House of Representatives (including a 

23 Delegate or Resident Commissioner to the Congress) 

24 or the Senate shall have the right to intervene or file 

25 legal pleadings or briefs either in support of or oppo-
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1 sition to the position of a party to the case regard2 ing the constitutionality of the provision or amend3 ment. 

4 (2) COURT EFFICIENCY.—To avoid duplication 

5 of efforts and reduce the burdens placed on the par6 ties to the action, the court in any action described 

7 in paragraph (1) may make such orders as it con8 siders necessary, including orders to require interve9 nors taking similar positions to file joint papers or 

10 to be represented by a single attorney at oral argu11 ment. 

12 (c) CHALLENGE BY MEMBERS OF CONGRESS.—Any 

13 Member of Congress may bring an action, subject to the 

14 special rules described in subsection (a), to challenge the 

15 constitutionality of any provision of this Act or any 

16 amendment made by this Act. 

17 SEC. 9. FCC AUTHORITIES. 

18 (a) CLARIFICATION OF GENERAL POWERS.—Title III 

19 of the Communications Act of 1934 is amended by insert20 ing after section 303 (47 U.S.C. 303) the following new 

21 section: 

22 ‘‘SEC. 303B. CLARIFICATION OF GENERAL POWERS. 

23 ‘‘(a) CERTAIN AFFIRMATIVE ACTIONS REQUIRED.— 

24 The Commission shall take actions to encourage and pro25 mote diversity in communication media ownership and to 
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1 ensure that broadcast station licenses are used in the pub2 lic interest. 

3 ‘‘(b) CONSTRUCTION.—Nothing in section 303A shall 

4 be construed to limit the authority of the Commission re5 garding matters unrelated to a requirement that broad6 casters present or ascertain opposing viewpoints on issues 

7 of public importance.’’. 

8 (b) SEVERABILITY.—Notwithstanding section 7(a), if 

9 any provision of section 2(a)(1), 2(b)(1), or 3 or any 

10 amendment made by those sections is declared or held in11 valid or unenforceable by a court of competent jurisdic12 tion, the amendment made by subsection (a) and the ap13 plication of such amendment to any other person or cir14 cumstance shall not be affected by such holding. 

15 SEC. 10. FAIRNESS DOCTRINE PROHIBITED. 

16 (a) LIMITATION ON GENERAL POWERS: FAIRNESS

17 DOCTRINE.—Title III of the Communications Act of 1934 

18 is amended by inserting after section 303 (47 U.S.C. 303) 

19 the following new section: 

20 ‘‘SEC. 303A. LIMITATION ON GENERAL POWERS: FAIRNESS 

21 DOCTRINE. 

22 ‘‘Notwithstanding section 303 or any other provision 

23 of this Act or any other Act authorizing the Commission 

24 to prescribe rules, regulations, policies, doctrines, stand25 ards, guidelines, or other requirements, the Commission 
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1 shall not have the authority to prescribe any rule, regula2 tion, policy, doctrine, standard, guideline, or other require3 ment that has the purpose or effect of reinstating or re4 promulgating (in whole or in part)— 

5 ‘‘(1) the requirement that broadcasters present 

6 or ascertain opposing viewpoints on issues of public 

7 importance, commonly referred to as the ‘Fairness 

8 Doctrine’, as repealed in In re Complaint of Syra9 cuse Peace Council against Television Station 

10 WTVH, Syracuse New York, 2 FCC Rcd. 5043 

11 (1987); or 

12 ‘‘(2) any similar requirement that broadcasters 

13 meet programming quotas or guidelines for issues of 

14 public importance.’’. 

15 (b) SEVERABILITY.—Notwithstanding section 7(a), if 

16 any provision of section 2(a)(1), 2(b)(1), or 3 or any 

17 amendment made by those sections is declared or held in18 valid or unenforceable by a court of competent jurisdic19 tion, the amendment made by subsection (a) and the ap20 plication of such amendment to any other person or cir21 cumstance shall not be affected by such holding. 
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1 TITLE II—SECOND AMENDMENT 

2 ENFORCEMENT ACT 

3 SEC. 201. SHORT TITLE. 

4 This title may be cited as the ‘‘Second Amendment 

5 Enforcement Act’’. 

6 SEC. 202. CONGRESSIONAL FINDINGS. 

7 Congress finds the following: 

8 (1) The Second Amendment to the United 

9 States Constitution provides that the right of the 

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

11 (2) As the Congress and the Supreme Court of 

12 the United States have recognized, the Second 

13 Amendment to the United States Constitution pro14 tects the rights of individuals, including those who 

15 are not members of a militia or engaged in military 

16 service or training, to keep and bear arms. 

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

18 Columbia are deprived by local laws of handguns, ri19 fles, and shotguns that are commonly kept by law20 abiding persons throughout the United States for 

21 sporting use and for lawful defense of their persons, 

22 homes, businesses, and families. 

23 (4) The District of Columbia has the highest 

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

25 attributed in part to local laws prohibiting posses-
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1 sion of firearms by law-abiding persons who would 

2 otherwise be able to defend themselves and their 

3 loved ones in their own homes and businesses. 

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

5 amended by the Firearms Owners’ Protection Act of 

6 1986, and the Brady Handgun Violence Prevention 

7 Act of 1993, provide comprehensive Federal regula8 tions applicable in the District of Columbia as else9 where. In addition, existing District of Columbia 

10 criminal laws punish possession and illegal use of 

11 firearms by violent criminals and felons. Con12 sequently, there is no need for local laws which only 

13 affect and disarm law-abiding citizens. 

14 (6) Officials of the District of Columbia have 

15 indicated their intention to continue to unduly re16 strict lawful firearm possession and use by citizens 

17 of the District. 

18 (7) Legislation is required to correct the Dis19 trict of Columbia’s law in order to restore the funda20 mental rights of its citizens under the Second 

21 Amendment to the United States Constitution and 

22 thereby enhance public safety. 
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1 SEC. 203. REFORM D.C. COUNCIL’S AUTHORITY TO RE2 STRICT FIREARMS. 

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

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

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

6 1–303.43, D.C. Official Code) is amended by adding at 

7 the end the following: ‘‘Nothing in this section or any 

8 other provision of law shall authorize, or shall be con9 strued to permit, the Council, the Mayor, or any govern10 mental or regulatory authority of the District of Columbia 

11 to prohibit, constructively prohibit, or unduly burden the 

12 ability of persons not prohibited from possessing firearms 

13 under Federal law from acquiring, possessing in their 

14 homes or businesses, or using for sporting, self-protection 

15 or other lawful purposes, any firearm neither prohibited 

16 by Federal law nor subject to the National Firearms Act. 

17 The District of Columbia shall not have authority to enact 

18 laws or regulations that discourage or eliminate the pri19 vate ownership or use of firearms. Nothing in the previous 

20 two sentences shall be construed to prohibit the District 

21 of Columbia from regulating or prohibiting the carrying 

22 of firearms by a person, either concealed or openly, other 

23 than at the person’s dwelling place, place of business, or 

24 on other land possessed by the person.’’. 
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1 SEC. 204. REPEAL D.C. SEMIAUTOMATIC BAN. 

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

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

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

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

6 shoots, is designed to shoot, or may be readily re7 stored to shoot automatically, more than 1 shot 

8 without manual reloading by a single function of the 

9 trigger, and includes the frame or receiver of any 

10 such weapon, any part designed and intended solely 

11 and exclusively, or combination of parts designed 

12 and intended, for use in converting a weapon into a 

13 machine gun, and any combination of parts from 

14 which a machine gun can be assembled if such parts 

15 are in the possession or under the control of a per16 son.’’. 

17 (b) CONFORMING AMENDMENT TO PROVISIONS SET18 TING FORTH CRIMINAL PENALTIES.—Section 1(c) of the 

19 Act of July 8, 1932 (47 Stat. 651; sec. 22–4501(c), D.C. 

20 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. 205. 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 (sec. 7– 

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

5 through paragraph (3) and inserting the following: 

6 ‘‘any firearm described in subsection (c).’’. 

7 (2) DESCRIPTION OF FIREARMS REMAINING IL8 LEGAL.—Section 201 of such Act (sec. 7–2502.01, 

9 D.C. Official Code) is amended by adding at the end 

10 the following new subsection: 

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

12 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 (sec. 7–2502.01, D.C. Of18 ficial Code) is amended by striking ‘‘Registration re19 quirements’’ and inserting ‘‘Firearm Possession’’. 

20 (b) CONFORMING AMENDMENTS TO FIREARMS CON21 TROL REGULATIONS ACT.—The Firearms Control Regu22 lations Act of 1975 is amended as follows: 

23 (1) Sections 202 through 211 (secs. 7–2502.02 

24 through 7–2502.11, D.C. Official Code) are re25 pealed. 
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1 (2) Section 101 (sec. 7–2501.01, D.C. Official 

2 Code) is amended by striking paragraph (13). 

3 (3) Section 401 (sec. 7–2504.01, D.C. Official 

4 Code) is amended— 

5 (A) in subsection (a), by striking ‘‘the Dis6 trict;’’ and all that follows and inserting the fol7 lowing: ‘‘the District, except that a person may 

8 engage in hand loading, reloading, or custom 

9 loading of ammunition for firearms lawfully 

10 possessed under this Act.’’; 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 (sec. 7–2504.02, D.C. Official 

16 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 in20 serting the following: ‘‘Any person not other21 wise prohibited from possessing or receiving a 

22 firearm 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) (sec. 7–2504.03(b), D.C. Of5 ficial Code) is amended by striking ‘‘registration cer6 tificate’’ and inserting ‘‘dealer’s license’’. 

7 (6) Section 404(a)(3) (sec. 7–2504.04(a)(3)), 

8 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’’; and 

20 (E) by striking subparagraphs (D) and 

21 (E). 

22 (7) Section 406(c) (sec. 7–2504.06(c), D.C. Of23 ficial Code) is amended to read as follows: 
27 

†S 160 ES

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) (sec. 7–2504.07(b), D.C. Of11 ficial Code) is amended by striking ‘‘would not be el12 igible’’ and all that follows and inserting ‘‘is prohib13 ited from possessing or receiving a firearm under 

14 Federal or District law.’’. 

15 (9) Section 502 (sec. 7–2505.02, D.C. Official 

16 Code) is amended— 

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

18 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 as 

25 follows: 
28 

†S 160 ES

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 (sec. 7–2507.04, D.C. Official 

9 Code) is amended— 

10 (A) in subsection (a), by striking ‘‘any reg11 istration 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 (sec. 7–2531.01(4), D.C. Official 

17 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. 206. REPEAL HANDGUN AMMUNITION BAN. 

24 Section 601(3) of the Firearms Control Regulations 

25 Act of 1975 (sec. 7–2506.01(3), D.C. Official Code) is 
29 

†S 160 ES

1 amended by striking ‘‘is the holder of the valid registration 

2 certificate for’’ and inserting ‘‘owns’’. 

3 SEC. 207. RESTORE RIGHT OF SELF DEFENSE IN THE 

4 HOME. 

5 Section 702 of the Firearms Control Regulations Act 

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

7 SEC. 208. REMOVE CRIMINAL PENALTIES FOR POSSESSION 

8 OF UNREGISTERED FIREARMS. 

9 (a) IN GENERAL.—Section 706 of the Firearms Con10 trol Regulations Act of 1975 (sec. 7–2507.06, D.C. Offi11 cial Code) is amended— 

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

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

14 (2) by striking paragraph (2). 

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

16 subsection (a) shall apply with respect to violations occur17 ring after the 60-day period which begins on the date of 

18 the enactment of this Act. 

19 SEC. 209. REMOVE CRIMINAL PENALTIES FOR CARRYING A 

20 FIREARM IN ONE’S DWELLING OR OTHER 

21 PREMISES. 

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

23 8, 1932 (47 Stat. 651; sec. 22–4504(a), D.C. Official 

24 Code) is amended— 
30 

†S 160 ES

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

2 striking ‘‘a pistol,’’ and inserting the following: ‘‘ex3 cept in his dwelling house or place of business or on 

4 other land possessed by that person, whether loaded 

5 or unloaded, a firearm,’’; and 

6 (2) by striking ‘‘except that:’’ and all that fol7 lows through ‘‘(2) If the violation’’ and inserting 

8 ‘‘except that if the violation’’. 

9 (b) CONFORMING AMENDMENT.—Section 5 of such 

10 Act (47 Stat. 651; sec. 22–4505, D.C. Official Code) is 

11 amended— 

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

13 and inserting ‘‘firearm’’; and 

14 (2) by striking ‘‘pistols’’ each place it appears 

15 and inserting ‘‘firearms’’. 

16 SEC. 210. AUTHORIZING PURCHASES OF FIREARMS BY DIS17 TRICT RESIDENTS. 

18 Section 922 of title 18, United States Code, is 

19 amended in paragraph (b)(3) by inserting after ‘‘other 

20 than a State in which the licensee’s place of business is 

21 located’’ the following: ‘‘, or to the sale or delivery of a 

22 handgun to a resident of the District of Columbia by a 

23 licensee whose place of business is located in Maryland or 

24 Virginia,’’. 
31 

†S 160 ES

1 SEC. 211. REPEALS OF DISTRICT OF COLUMBIA ACTS. 

2 The Firearms Registration Amendment Act of 2008 

3 and the Firearms Registration Emergency Amendment 

4 Act of 2008, as passed by the District of Columbia, are 

5 repealed. 

6 SEC. 212. SEVERABILITY. 

7 Notwithstanding any other provision of this Act, if 

8 any provision of this Act, or any amendment made by this 

9 Act, or the application of such provision or amendment 

10 to any person or circumstance is held to be unconstitu11 tional, this title and amendments made by this title, and 

12 the application of such provision or amendment to other 

13 persons or circumstances shall not be affected thereby. 

Passed the Senate February 26, 2009. 

Attest: 

Secretary. 
111TH CONGRESS 

1ST SESSION S. 160 

AN ACT 

To provide the District of Columbia a voting seat 

House of Representatives. and the State of Utah an additional seat in the