I 

109TH CONGRESS 

1ST SESSION H. R. 1288 

To restore Second Amendment rights in the District of Columbia. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 14, 2005 

Mr. SOUDER (for himself, Mr. ROSS, Mr. WICKER, Mr. KING of Iowa, Mr. 

GINGREY, Mr. SESSIONS, Mr. DINGELL, Mr. KENNEDY of Minnesota, Mr. 

SHUSTER, Mr. WILSON of South Carolina, Mr. KLINE, Mr. SALAZAR, Mr. 

BEAUPREZ, Mr. BOOZMAN, Mr. GRAVES, Mr. CRAMER, Mr. AKIN, Mr. 

MATHESON, Mr. DENT, Mr. WESTMORELAND, Mr. BUYER, and Mr. 

HOSTETTLER) introduced the following bill; which was referred to the 

Committee on Government Reform 

A BILL 

To restore Second Amendment rights in the District of 

Columbia. 

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 ‘‘District of Columbia 

5 Personal Protection Act’’. 

6 SEC. 2. CONGRESSIONAL FINDINGS. 

7 Congress finds the following: 
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1 (1) The Second Amendment to the United 

2 States Constitution provides that the right of the 

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

4 (2) The Second Amendment to the United 

5 States Constitution protects the rights of individ6 uals, including those who are not members of a mili7 tia or engaged in military service or training, to 

8 keep and bear arms. 

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

10 Columbia are deprived by local laws of handguns, ri11 fles, and shotguns that are commonly kept by law12 abiding persons throughout the United States for 

13 sporting use and for lawful defense of their persons, 

14 homes, businesses, and families. 

15 (4) The District of Columbia has the highest 

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

17 attributed in part to local laws prohibiting posses18 sion of firearms by law-abiding persons who would 

19 otherwise be able to defend themselves and their 

20 loved ones in their own homes and businesses. 

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

22 amended by the Firearms Owners’ Protection Act of 

23 1986, and the Brady Handgun Violence Prevention 

24 Act of 1993, provide comprehensive Federal regula25 tions applicable in the District of Columbia as else-
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1 where. In addition, existing District of Columbia 

2 criminal laws punish possession and illegal use of 

3 firearms by violent criminals and felons. Con4 sequently, there is no need for local laws which only 

5 affect and disarm law-abiding citizens. 

6 (6) Legislation is required to correct the Dis7 trict of Columbia’s law in order to restore the funda8 mental rights of its citizens under the Second 

9 Amendment to the United States Constitution and 

10 thereby enhance public safety. 

11 SEC. 3. REFORM D.C. COUNCIL’S AUTHORITY TO RESTRICT 

12 FIREARMS. 

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

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

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

16 1—303.43, D.C. Official Code) is amended by adding at 

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

18 other provision of law shall authorize, or shall be con19 strued to permit, the Council, the Mayor, or any govern20 mental or regulatory authority of the District of Columbia 

21 to prohibit, constructively prohibit, or unduly burden the 

22 ability of persons not prohibited from possessing firearms 

23 under Federal law from acquiring, possessing in their 

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

25 or other lawful purposes, any firearm neither prohibited 
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1 by Federal law nor subject to the National Firearms Act. 

2 The District of Columbia shall not have authority to enact 

3 laws or regulations that discourage or eliminate the pri4 vate ownership or use of firearms.’’. 

5 SEC. 4. REPEAL D.C. SEMIAUTOMATIC BAN. 

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

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

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

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

10 shoots, is designed to shoot, or can be readily con11 verted or restored to shoot automatically, more than 

12 1 shot by a single function of the trigger, and in13 cludes the frame or receiver of any such weapon, any 

14 part designed and intended solely and exclusively, or 

15 combination of parts designed and intended, for use 

16 in converting a weapon into a machine gun, and any 

17 combination of parts from which a machine gun can 

18 be assembled if such parts are in the possession or 

19 under the control of a person.’’. 

20 (b) CONFORMING AMENDMENT TO PROVISIONS SET21 TING FORTH CRIMINAL PENALTIES.—Section 1(c) of the 

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

23 Official Code) is amended to read as follows: 
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1 ‘‘(c) ‘Machine gun’, as used in this Act, has the 

2 meaning given such term in section 101(10) of the Fire3 arms Control Regulations Act of 1975.’’. 

4 SEC. 5. REPEAL REGISTRATION REQUIREMENT. 

5 (a) REPEAL OF REQUIREMENT.— 

6 (1) IN GENERAL.—Section 201(a) of the Fire7 arms Control Regulations Act of 1975 (sec. 7— 

8 2502.01(a), D.C. Official Code) is amended by strik9 ing ‘‘any firearm, unless’’ and all that follows 

10 through paragraph (3) and inserting the following: 

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

12 (2) DESCRIPTION OF FIREARMS REMAINING IL13 LEGAL.—Section 201 of such Act (sec. 7—2502.01, 

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

15 the following new subsection: 

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

17 the following: 

18 ‘‘(1) A sawed-off shotgun. 

19 ‘‘(2) A machine gun. 

20 ‘‘(3) A short-barreled rifle.’’. 

21 (3) CONFORMING AMENDMENT.—The heading 

22 of section 201 of such Act (sec. 7—2502.01, D.C. 

23 Official Code) is amended by striking ‘‘Registration 

24 requirements’’ and inserting ‘‘Firearm Possession’’. 
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1 (b) CONFORMING AMENDMENTS TO FIREARMS CON2 TROL REGULATIONS ACT.—The Firearms Control Regu3 lations Act of 1975 is amended as follows: 

4 (1) Sections 202 through 211 (secs. 7— 

5 2502.02 through 7—2502.11, D.C. Official Code) 

6 are repealed. 

7 (2) Section 101 (sec. 7—2501.01, D.C. Official 

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

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

10 Code) is amended— 

11 (A) in subsection (a), by striking ‘‘the Dis12 trict;’’ and all that follows and inserting the fol13 lowing: ‘‘the District, except that a person may 

14 engage in hand loading, reloading, or custom 

15 loading of ammunition for firearms lawfully 

16 possessed under this Act.’’; and 

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

18 are unregisterable under section 202’’ and in19 serting ‘‘which are prohibited under section 

20 201’’. 

21 (4) Section 402 (sec. 7—2504.02, D.C. Official 

22 Code) is amended— 

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

24 person eligible to register a firearm’’ and all 

25 that follows through ‘‘such business,’’ and in-
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1 serting the following: ‘‘Any person not other2 wise prohibited from possessing or receiving a 

3 firearm under Federal of District law, or from 

4 being licensed under section 923 of title 18, 

5 United States Code,’’; and 

6 (B) in subsection (b), by amending para7 graph (1) to read as follows: 

8 ‘‘(1) The applicant’s name;’’. 

9 (5) Section 403(b) (sec. 7—2504.03(b), D.C. 

10 Official Code) is amended by striking ‘‘registration 

11 certificate’’ and inserting ‘‘dealer’s license’’. 

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

13 D.C. Official Code) is amended— 

14 (A) in subparagraph (B)(i), by striking 

15 ‘‘registration certificate number (if any) of the 

16 firearm,’’; 

17 (B) in subparagraph (B)(iv), by striking 

18 ‘‘holding the registration certificate’’ and insert19 ing ‘‘from whom it was received for repair’’; 

20 (C) in subparagraph (C)(i), by striking 

21 ‘‘and registration certificate number (if any) of 

22 the firearm’’; 

23 (D) in subparagraph (C)(ii), by striking 

24 ‘‘registration certificate number or’’; 
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1 (E) in subparagraph (D)(ii), by striking 

2 ‘‘or registration number’’; and 

3 (F) in subparagraph (E), by striking 

4 clause (iii) and redesignating clauses (iv) and 

5 (v) as clauses (iii) and (iv). 

6 (7) Section 406(c) (sec. 7—2504.06(c), D.C. 

7 Official Code) is amended to read as follows: 

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

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

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

11 ‘‘(1) lawfully remove from the District all de12 structive devices in his inventory, or peaceably sur13 render to the Chief all destructive devices in his in14 ventory in the manner provided in section 705; and 

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

16 any firearms and ammunition in his inventory.’’. 

17 (8) Section 407(b) (sec. 7—2504.07(b), D.C. 

18 Official Code) is amended by striking ‘‘would not be 

19 eligible’’ and all that follows and inserting ‘‘is pro20 hibited from possessing or receiving a firearm under 

21 Federal or District law.’’. 

22 (9) Section 502 (sec. 7—2505.02, D.C. Official 

23 Code) is amended— 

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

25 follows: 
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1 ‘‘(a) Any person or organization not prohibited from 

2 possessing or receiving a firearm under Federal or District 

3 law may sell or otherwise transfer ammunition or any fire4 arm, except those which are prohibited under section 201, 

5 to a licensed dealer.’’; 

6 (B) by amending subsection (c) to read as 

7 follows: 

8 ‘‘(c) Any licensed dealer may sell or otherwise trans9 fer a firearm to any person or organization not otherwise 

10 prohibited from possessing or receiving such firearm under 

11 Federal or District law.’’; 

12 (C) in subsection (d), by striking para13 graphs (2) and (3); and 

14 (D) by striking subsection (e). 

15 (10) Section 704 (sec. 7—2507.04, D.C. Offi16 cial Code) is amended— 

17 (A) in subsection (a), by striking ‘‘any reg18 istration certificate or’’ and inserting ‘‘a’’; and 

19 (B) in subsection (b), by striking ‘‘reg20 istration certificate,’’. 

21 (c) OTHER CONFORMING AMENDMENTS.—Section 

22 2(4) of the Illegal Firearm Sale and Distribution Strict 

23 Liability Act of 1992 (sec. 7—2531.01(2)(4), D.C. Offi24 cial Code) is amended— 
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1 (1) in subparagraph (A), by striking ‘‘or ignor2 ing proof of the purchaser’s residence in the District 

3 of Columbia’’; and 

4 (2) in subparagraph (B), by striking ‘‘registra5 tion and’’. 

6 SEC. 6. REPEAL HANDGUN AMMUNITION BAN. 

7 (a) DEFINITION OF RESTRICTED PISTOL BULLET.— 

8 Section 101(13a) of the Firearms Control Regulations Act 

9 of 1975 (sec. 7—2501.01(13a)) is amended to read as fol10 lows: 

11 ‘‘(13a)(A) ‘Restricted pistol bullet’ means— 

12 ‘‘(i) a projectile or projectile core which 

13 may be used in a handgun and which is con14 structed entirely (excluding the presence of 

15 traces of other substances) from one or a com16 bination of tungsten alloys, steel, iron, brass, 

17 bronze, beryllium copper, or depleted uranium; 

18 or 

19 ‘‘(ii) a full-jacketed projectile larger than 

20 .22 caliber designed and intended for use in a 

21 handgun and whose jacket has a weight of more 

22 than 25 percent of the total weight of the pro23 jectile. 

24 ‘‘(B) The term ‘restricted pistol bullet’ does not 

25 include shotgun shot required by Federal or State 
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1 environmental or game regulations for hunting pur2 poses, a frangible projectile designed for target 

3 shooting, a projectile which the Attorney General of 

4 the United States (pursuant to section 921(a)(17) of 

5 title 18, United States Code) finds is primarily in6 tended to be used for sporting purposes, or any 

7 other projectile or projectile core which the Attorney 

8 General finds is intended to be used for industrial 

9 purposes, including a charge used in an oil and gas 

10 well perforating device.’’. 

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

12 Control Regulations Act of 1975 (sec. 7—2506.01, D.C. 

13 Official Code) is amended— 

14 (1) by striking ‘‘ammunition’’ each place it ap15 pears (other than paragraph (4)) and inserting ‘‘re16 stricted pistol bullets’’; and 

17 (2) by striking paragraph (3) and redesignating 

18 paragraph (4) as paragraph (3). 

19 SEC. 7. RESTORE RIGHT OF SELF DEFENSE IN THE HOME. 

20 Section 702 of the Firearms Control Regulations Act 

21 of 1975 (sec. 7—2507.02, D.C. Official Code) is repealed. 
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1 SEC. 8. REMOVE CRIMINAL PENALTIES FOR POSSESSION 

2 OF UNREGISTERED FIREARMS. 

3 (a) IN GENERAL.—Section 706 of the Firearms Con4 trol Regulations Act of 1975 (sec. 7—2507.06, D.C. Offi5 cial Code) is amended— 

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

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

8 (2) by striking paragraph (2). 

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

10 subsection (a) shall apply with respect to violations occur11 ring after the 60-day period which begins on the date of 

12 the enactment of this Act. 

13 SEC. 9. REMOVE CRIMINAL PENALTIES FOR CARRYING A 

14 FIREARM IN ONE’S DWELLING OR OTHER 

15 PREMISES. 

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

17 8, 1932 (47 Stat. 651; sec. 22—4504(a), D.C. Official 

18 Code) is amended— 

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

20 striking ‘‘a pistol,’’ and inserting the following: ‘‘ex21 cept in his dwelling house or place of business or on 

22 other land possessed by that person, whether loaded 

23 or unloaded, a firearm,’’; and 

24 (2) by striking ‘‘except that:’’ and all that fol25 lows through ‘‘(2) If the violation’’ and inserting 

26 ‘‘except that if the violation’’. 
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1 (b) TREATMENT OF CERTAIN EXCEPTIONS.—Section 

2 5(a) of such Act (47 Stat. 651; sec. 22—4505(a), D.C. 

3 Official Code) is amended— 

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

5 and inserting ‘‘firearm’’; and 

6 (2) by striking the period at the end and insert7 ing the following: ‘‘, or to any person while carrying 

8 or transporting a firearm used in connection with an 

9 organized military activity, a target shoot, formal or 

10 informal target practice, sport shooting event, hunt11 ing, a firearms or hunter safety class, trapping, or 

12 a dog obedience training class or show, or the mov13 ing by a bona fide gun collector of part or all of the 

14 collector’s gun collection from place to place for pub15 lic or private exhibition while the person is engaged 

16 in, on the way to, or returning from that activity if 

17 each firearm is unloaded and carried in an enclosed 

18 case or an enclosed holster, or to any person car19 rying or transporting a firearm in compliance with 

20 sections 926A, 926B or 926C of title 18, United 

21 States Code.’’. 

22 (c) EFFECTIVE DATE.—The amendments made by 

23 this section shall apply with respect to violations occurring 
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1 after the 60-day period which begins on the date of the 

2 enactment of this Act. 

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