II 

Caalendar No. 95 

110TH CONGRESS 

1ST SESSION S. 1001 

To restore Second Amendment rights in the District of Columbia. 

IN THE SENATE OF THE UNITED STATES 

MARCH 27, 2007 

Mrs. HUTCHISON (for herself, Mr. ALEXANDER, Mr. ALLARD, Mr. BAUCUS, 

Mr. BOND, Mr. BROWNBACK, Mr. BURR, Mr. BUNNING, Mr. CHAMBLISS, 

Mr. COBURN, Mr. COCHRAN, Mr. CORKER, Mr. CORNYN, Mr. CRAIG, Mr. 

CRAPO, Mr. DEMINT, Mrs. DOLE, Mr. DOMENICI, Mr. ENSIGN, Mr. 

ENZI, Mr. GRAHAM, Mr. GRASSLEY, Mr. HATCH, Mr. HAGEL, Mr. 

INHOFE, Mr. ISAKSON, Mr. KYL, Mr. LOTT, Mr. MARTINEZ, Mr. 

MCCAIN, Ms. MURKOWSKI, Mr. NELSON of Nebraska, Mr. ROBERTS, Mr. 

SESSIONS, Mr. SHELBY, Mr. SMITH, Mr. STEVENS, Mr. SUNUNU, Mr. 

TESTER, Mr. THOMAS, Mr. THUNE, and Mr. VITTER) introduced the following bill; which was read the first time 

MARCH 28, 2007 

Read the second time and placed on the calendar 

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, 

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1 SECTION 1. SHORT TITLE. 

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

3 Personal Protection Act’’. 

4 SEC. 2. CONGRESSIONAL FINDINGS. 

5 Congress finds the following: 

6 (1) The Second Amendment to the United 

7 States Constitution provides that the right of the 

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

9 (2) The Second Amendment to the United 

10 States Constitution protects the rights of individ11 uals, including those who are not members of a mili12 tia or engaged in military service or training, to 

13 keep and bear arms. 

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

15 Columbia are deprived by local laws of handguns, ri16 fles, and shotguns that are commonly kept by law17 abiding persons throughout the United States for 

18 sporting use and for lawful defense of their persons, 

19 homes, businesses, and families. 

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

21 highest per capita murder rates in the Nation, which 

22 may be attributed in part to local laws prohibiting 

23 possession of firearms by law-abiding persons who 

24 would otherwise be able to defend themselves and 

25 their loved ones in their own homes and businesses. 

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

2 amended by the Firearms Owners’ Protection Act of 

3 1986, and the Brady Handgun Violence Prevention 

4 Act of 1993, provide comprehensive Federal regula5 tions applicable in the District of Columbia as else6 where. In addition, existing District of Columbia 

7 criminal laws punish possession and illegal use of 

8 firearms by violent criminals and felons. Con9 sequently, there is no need for local laws which only 

10 affect and disarm law-abiding citizens. 

11 (6) Legislation is required to correct the Dis12 trict of Columbia’s law in order to restore the funda13 mental rights of its citizens under the Second 

14 Amendment to the United States Constitution and 

15 thereby enhance public safety. 

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

17 FIREARMS. 

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

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

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

21 1–303.43, D.C. Official Code) is amended by adding at 

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

23 other provision of law shall authorize, or shall be con24 strued to permit, the Council, the Mayor, or any govern25 mental or regulatory authority of the District of Columbia 

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1 to prohibit, constructively prohibit, or unduly burden the 

2 ability of persons not prohibited from possessing firearms 

3 under Federal law from acquiring, possessing in their 

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

5 or other lawful purposes, any firearm neither prohibited 

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

7 The District of Columbia shall not have authority to enact 

8 laws or regulations that discourage or eliminate the pri9 vate ownership or use of firearms.’’. 

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

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

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

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

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

15 shoots, is designed to shoot, or can be readily con16 verted or restored to shoot automatically, more than 

17 1 shot by a single function of the trigger, and in18 cludes the frame or receiver of any such weapon, any 

19 part designed and intended solely and exclusively, or 

20 combination of parts designed and intended, for use 

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

22 combination of parts from which a machine gun can 

23 be assembled if such parts are in the possession or 

24 under the control of a person.’’. 

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1 (b) CONFORMING AMENDMENT TO PROVISIONS SET2 TING FORTH CRIMINAL PENALTIES.—Section 1(c) of the 

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

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

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

6 meaning given such term in section 101(10) of the Fire7 arms Control Regulations Act of 1975.’’. 

8 SEC. 5. REPEAL REGISTRATION REQUIREMENT. 

9 (a) REPEAL OF REQUIREMENT.— 

10 (1) IN GENERAL.—Section 201(a) of the Fire11 arms Control Regulations Act of 1975 (section 7– 

12 2502.01(a), D.C. Official Code) is amended by strik13 ing ‘‘any firearm, unless’’ and all that follows 

14 through paragraph (3) and inserting the following: 

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

16 (2) DESCRIPTION OF FIREARMS REMAINING IL17 LEGAL.—Section 201 of such Act (section 7– 

18 2502.01, D.C. Official Code) is amended by adding 

19 at the end the following new subsection: 

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

21 the following: 

22 ‘‘(1) A sawed-off shotgun. 

23 ‘‘(2) A machine gun. 

24 ‘‘(3) A short-barreled rifle.’’. 

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1 (3) CONFORMING AMENDMENT.—The heading 

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

3 Official Code) is amended by striking ‘‘Registration 

4 requirements’’ and inserting ‘‘Firearm Possession’’. 

5 (b) CONFORMING AMENDMENTS TO FIREARMS CON6 TROL REGULATIONS ACT.—The Firearms Control Regu7 lations Act of 1975 is amended as follows: 

8 (1) Sections 202 through 211 (section 7– 

9 2502.02 through 7–2502.11, D.C. Official Code) are 

10 repealed. 

11 (2) Section 101 (section 7–2501.01, D.C. Offi12 cial Code) is amended by striking paragraph (13). 

13 (3) Section 401 (section 7–2504.01, D.C. Offi14 cial Code) is amended— 

15 (A) in subsection (a), by striking ‘‘the Dis16 trict;’’ and all that follows and inserting the fol17 lowing: ‘‘the District, except that a person may 

18 engage in hand loading, reloading, or custom 

19 loading of ammunition for firearms lawfully 

20 possessed under this Act.’’; and 

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

22 are unregisterable under section 202’’ and in23 serting ‘‘which are prohibited under section 

24 201’’. 

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1 (4) Section 402 (section 7–2504.02, D.C. Offi2 cial Code) is amended— 

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

4 person eligible to register a firearm’’ and all 

5 that follows through ‘‘such business,’’ and in6 serting the following: ‘‘Any person not other7 wise prohibited from possessing or receiving a 

8 firearm under Federal of District law, or from 

9 being licensed under section 923 of title 18, 

10 United States Code,’’; and 

11 (B) in subsection (b), by amending para12 graph (1) to read as follows: 

13 ‘‘(1) The applicant’s name;’’. 

14 (5) Section 403(b) (section 7–2504.03(b), D.C. 

15 Official Code) is amended by striking ‘‘registration 

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

17 (6) Section 404(a)(3) (section 7– 

18 2504.04(a)(3)), D.C. Official Code) is amended— 

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

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

21 firearm,’’; 

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

23 ‘‘holding the registration certificate’’ and insert24 ing ‘‘from whom it was received for repair’’; 

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

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

3 the firearm’’; 

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

5 ‘‘registration certificate number or’’; 

6 (E) in subparagraph (D)(ii), by striking 

7 ‘‘or registration number’’; and 

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

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

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

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

12 Official Code) is amended to read as follows: 

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

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

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

16 ‘‘(1) lawfully remove from the District all de17 structive devices in his inventory, or peaceably sur18 render to the Chief all destructive devices in his in19 ventory in the manner provided in section 705; and 

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

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

22 (8) Section 407(b) (section 7–2504.07(b), D.C. 

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

24 eligible’’ and all that follows and inserting ‘‘is promstockstill on PROD1PC66 with BILLS

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1 hibited from possessing or receiving a firearm under 

2 Federal or District law.’’. 

3 (9) Section 502 (section 7–2505.02, D.C. Offi4 cial Code) is amended— 

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

6 follows: 

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

8 possessing or receiving a firearm under Federal or District 

9 law may sell or otherwise transfer ammunition or any fire10 arm, except those which are prohibited under section 201, 

11 to a licensed dealer.’’; 

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

13 follows: 

14 ‘‘(c) Any licensed dealer may sell or otherwise trans15 fer a firearm to any person or organization not otherwise 

16 prohibited from possessing or receiving such firearm under 

17 Federal or District law.’’; 

18 (C) in subsection (d), by striking para19 graphs (2) and (3); and 

20 (D) by striking subsection (e). 

21 (10) Section 704 (section 7–2507.04, D.C. Offi22 cial Code) is amended— 

23 (A) in subsection (a), by striking ‘‘any reg24 istration certificate or’’ and inserting ‘‘a’’; and 

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1 (B) in subsection (b), by striking ‘‘reg2 istration certificate,’’. 

3 (c) OTHER CONFORMING AMENDMENTS.—Section 

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

5 Liability Act of 1992 (section 7–2531.01(2)(4), D.C. Offi6 cial Code) is amended— 

7 (1) in subparagraph (A), by striking ‘‘or ignor8 ing proof of the purchaser’s residence in the District 

9 of Columbia’’; and 

10 (2) in subparagraph (B), by striking ‘‘registra11 tion and’’. 

12 SEC. 6. REPEAL HANDGUN AMMUNITION BAN. 

13 (a) DEFINITION OF RESTRICTED PISTOL BULLET.— 

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

15 of 1975 (section 7–2501.01(13a)) is amended to read as 

16 follows: 

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

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

19 may be used in a handgun and which is con20 structed entirely (excluding the presence of 

21 traces of other substances) from one or a com22 bination of tungsten alloys, steel, iron, brass, 

23 bronze, beryllium copper, or depleted uranium; 

24 or 

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

2 .22 caliber designed and intended for use in a 

3 handgun and whose jacket has a weight of more 

4 than 25 percent of the total weight of the pro5 jectile. 

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

7 include shotgun shot required by Federal or State 

8 environmental or game regulations for hunting pur9 poses, a frangible projectile designed for target 

10 shooting, a projectile which the Attorney General of 

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

12 title 18, United States Code) finds is primarily in13 tended to be used for sporting purposes, or any 

14 other projectile or projectile core which the Attorney 

15 General finds is intended to be used for industrial 

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

17 well perforating device.’’. 

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

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

20 Official Code) is amended— 

21 (1) by striking ‘‘ammunition’’ each place it ap22 pears (other than paragraph (4)) and inserting ‘‘re23 stricted pistol bullets’’; and 

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

25 paragraph (4) as paragraph (3). 

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

2 Section 702 of the Firearms Control Regulations Act 

3 of 1975 (section 7–2507.02, D.C. Official Code) is re4 pealed. 

5 SEC. 8. REMOVE CRIMINAL PENALTIES FOR POSSESSION 

6 OF UNREGISTERED FIREARMS. 

7 (a) IN GENERAL.—Section 706 of the Firearms Con8 trol Regulations Act of 1975 (section 7–2507.06, D.C. Of9 ficial Code) is amended— 

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

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

12 (2) by striking paragraph (2). 

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

14 subsection (a) shall apply with respect to violations occur15 ring after the 60-day period which begins on the date of 

16 the enactment of this Act. 

17 SEC. 9. REMOVE CRIMINAL PENALTIES FOR CARRYING A 

18 FIREARM IN ONE’S DWELLING OR OTHER 

19 PREMISES. 

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

21 8, 1932 (47 Stat. 651; section 22–4504(a), D.C. Official 

22 Code) is amended— 

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

24 striking ‘‘a pistol,’’ and inserting the following: ‘‘ex25 cept in his dwelling house or place of business or on 

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1 other land possessed by that person, whether loaded 

2 or unloaded, a firearm,’’; and 

3 (2) by striking ‘‘except that:’’ and all that fol4 lows through ‘‘(2) If the violation’’ and inserting 

5 ‘‘except that if the violation’’. 

6 (b) TREATMENT OF CERTAIN EXCEPTIONS.—Section 

7 5(a) of such Act (47 Stat. 651; section 22–4505(a), D.C. 

8 Official Code) is amended— 

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

10 and inserting ‘‘firearm’’; and 

11 (2) by striking the period at the end and insert12 ing the following: ‘‘, or to any person while carrying 

13 or transporting a firearm used in connection with an 

14 organized military activity, a target shoot, formal or 

15 informal target practice, sport shooting event, hunt16 ing, a firearms or hunter safety class, trapping, or 

17 a dog obedience training class or show, or the mov18 ing by a bona fide gun collector of part or all of the 

19 collector’s gun collection from place to place for pub20 lic or private exhibition while the person is engaged 

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

22 each firearm is unloaded and carried in an enclosed 

23 case or an enclosed holster, or to any person car24 rying or transporting a firearm in compliance with 

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

2 States Code.’’. 

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

4 this section shall apply with respect to violations occurring 

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

6 enactment of this Act. 

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Caalendar No. 95 

110TH CONGRESS 

1ST SESSION S. 1001 

A BILL 

To restore Second Amendment rights in the 

District of Columbia. 

MARCH 28, 2007 

Read the second time and placed on the calendar 

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