I 

118TH CONGRESS 

1ST SESSION H. R. 5285 

To amend title 40, United States Code, to clarify that the regulations prescribed by the Capitol Police Board to carry out the law prohibiting 

the possession of firearms in the United States Capitol Buildings and 

on the United States Capitol Grounds must take into account the exemption provided under such law for Members, officers, and employees of 

Congress. 

IN THE HOUSE OF REPRESENTATIVES 

AUGUST 25, 2023 

Mr. ROSENDALE (for himself, Mr. CLYDE, Mr. DUNCAN, Mr. GOOD of Virginia, Mr. HIGGINS of Louisiana, and Mr. BIGGS) introduced the following bill; which was referred to the Committee on Transportation and 

Infrastructure 

A BILL 

To amend title 40, United States Code, to clarify that the 

regulations prescribed by the Capitol Police Board to 

carry out the law prohibiting the possession of firearms 

in the United States Capitol Buildings and on the United 

States Capitol Grounds must take into account the exemption provided under such law for Members, officers, 

and employees of Congress. 

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 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Staff Safety Act’’. 

3 SEC. 2. FINDINGS. 

4 Congress finds the following: 

5 (1) Section 5104 of title 40, United States 

6 Code, exempts Members of Congress, employees of 

7 Members of Congress, officers and employees of 

8 committees of Congress, and any other officers or 

9 employees of either House of Congress from regula10 tions pertaining to the carrying and possession of 

11 firearms on the United States Capitol Grounds. 

12 (2) The Supreme court in District of Columbia 

13 v. Heller held that the Second Amendment protects 

14 the individual right to possess a firearm unconnected 

15 with service in a militia, and the use of arms for tra16 ditionally lawful purposes. 

17 (3) Justice Clarence Thomas, in the majority 

18 opinion for New York State Rifle & Pistol Associa19 tion Inc. v. Bruen, affirms that the Second Amend20 ment extends to carrying firearms outside of ones 

21 home, writing ‘‘Nothing in the Second Amendment’s 

22 text draws a home/public distinction with respect to 

23 the right to keep and bear arms, and the definition 

24 of ‘bear’ naturally encompasses public carry. More25 over, the Second Amendment guarantees an ‘indi26 vidual right to possess and carry weapons in case of 


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1 confrontation’, and confrontation can surely take 

2 place outside the home.’’. 

3 (4) Current regulations found in the Traffic 

4 Regulations for the United States Capitol Grounds 

5 promulgated by the Capitol Police Board (in Appen6 dix J) which prevent staff from carrying firearms on 

7 the United States Capitol Grounds violate both Fed8 eral law and the Constitution. 

9 SEC. 3. CLARIFICATION OF APPLICABILITY OF EXEMPTION 

10 OF MEMBERS, OFFICERS, AND EMPLOYEES 

11 OF CONGRESS FROM LAWS PROHIBITING 

12 POSSESSION OF FIREARMS IN CAPITOL AND 

13 ON CAPITOL GROUNDS TO REGULATIONS OF 

14 CAPITOL POLICE BOARD. 

15 (a) APPLICABILITY OF EXEMPTION TO REGULA16 TIONS.—Section 5104(e)(3) of title 40, United States 

17 Code, is amended by striking ‘‘This subsection does not 

18 prohibit’’ and inserting ‘‘This subsection does not prohibit, 

19 and the regulations prescribed by the Capitol Police Board 

20 under paragraph (1)(A) shall not prohibit,’’. 

21 (b) REVISION OF EXISTING REGULATIONS.—Not 

22 later than 90 days after the date of the enactment of this 

23 Act, the Capitol Police Board shall revise any regulations 

24 prescribed under section 5104(e)(1)(A) of title 40, United 


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1 States Code, to ensure that the regulations are consistent 

2 with section 5104(e)(3) of such title. 

Æ 


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