```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3265 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3265

    To restore Second Amendment rights in the District of Columbia.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             April 27, 2010

Mr. McCain (for himself, Mr. Tester, Mr. Graham, Mr. Begich, Mr. Burr, 
 Mr. Chambliss, Mr. Brownback, Mr. Hatch, Mr. Bennett, Mr. Wicker, and 
 Mr. Isakson) introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL

 
    To restore Second Amendment rights in the District of Columbia.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This title may be cited as the ``Second Amendment Enforcement 
Act''.

SEC. 2. CONGRESSIONAL FINDINGS.

    Congress finds the following:
            (1) The law-abiding citizens of the District of Columbia 
        are deprived by local laws of handguns, rifles, and shotguns 
        that are commonly kept by law-abiding persons throughout the 
        United States for sporting use and for lawful defense of their 
        persons, homes, businesses, and families.
            (2) The District of Columbia has among the highest per 
        capita murder rates in the Nation, which may be attributed in 
        part to local laws prohibiting possession of firearms by law-
        abiding persons who would otherwise be able to defend 
        themselves and their loved ones in their own homes and 
        businesses.
            (3) Officials of the District of Columbia have indicated 
        their intention to continue to unduly restrict lawful firearm 
        possession and use by citizens of the District.
            (4) Legislation is required to correct the District of 
        Columbia's law in order to restore the fundamental rights of 
        its citizens under the Second Amendment to the United States 
        Constitution and thereby enhance public safety.

SEC. 3. REFORM D.C. COUNCIL'S AUTHORITY TO RESTRICT FIREARMS.

    Section 4 of the Act entitled ``An Act to prohibit the killing of 
wild birds and wild animals in the District of Columbia'', approved 
June 30, 1906 (34 Stat. 809; sec. 1-303.43, D.C. Official Code), is 
amended by adding at the end the following: ``Nothing in this section 
or any other provision of law shall authorize, or shall be construed to 
permit, the Council, the Mayor, or any governmental or regulatory 
authority of the District of Columbia to prohibit, constructively 
prohibit, or unduly burden the ability of persons not prohibited from 
possessing firearms under Federal law from acquiring, possessing in 
their homes or businesses, transporting for legitimate purposes, or 
using for sporting, self-protection or other lawful purposes, any 
firearm neither prohibited by Federal law nor subject to the National 
Firearms Act. The District of Columbia shall not have authority to 
enact laws or regulations that discourage or eliminate the private 
ownership or use of firearms. Nothing in the previous two sentences 
shall be construed to prohibit the District of Columbia from regulating 
the carrying of firearms by a person, either concealed or openly, other 
than at the person's dwelling place, place of business, or on other 
land possessed by the person.''.

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

    Section 101(10) of the Firearms Control Regulations Act of 1975 
(sec. 7-2501.01(10), D.C. Official Code) is amended to read as follows:
            ``(10) `Machine gun' means any firearm which shoots, is 
        designed to shoot, or can be readily restored to shoot, 
        automatically more than one shot, without manual reloading, by 
        a single function of the trigger. The term `machine gun' shall 
        also include the frame or receiver of any such firearm, any 
        part designed and intended solely and exclusively, or 
        combination of parts designed and intended, for use in 
        converting a firearm into a machine gun, and any combination of 
        parts from which a machine gun can be assembled if such parts 
        are in the possession or under the control of a person.''.

SEC. 5. REPEAL REGISTRATION REQUIREMENT AND AUTHORIZE AMMUNITION SALES.

    (a) Repeal of Requirement.--
            (1) In general.--Section 201(a) of the Firearms Control 
        Regulations Act of 1975 (sec. 7-2502.01(a), D.C. Official Code) 
        is amended by striking ``any firearm, unless'' and all that 
        follows through paragraph (3) and inserting the following: 
        ``any firearm described in subsection (c).''.
            (2) Description of firearms remaining illegal.--Section 201 
        of such Act (sec. 7-2502.01, D.C. Official Code) is amended by 
        adding at the end the following new subsection:
    ``(c) A firearm described in this subsection is any of the 
following:
            ``(1) A sawed-off shotgun.
            ``(2) A machine gun.
            ``(3) A short-barreled rifle.''.
            (3) Conforming amendment.--The heading of section 201 of 
        such Act (sec. 7-2502.01, D.C. Official Code) is amended by 
        striking ``Registration requirements'' and inserting ``Firearm 
        Possession''.
    (b) Conforming Amendments to Firearms Control Regulations Act.--The 
Firearms Control Regulations Act of 1975 is amended as follows:
            (1) Sections 202 through 211 (secs. 7-2502.02 through 7-
        2502.11, D.C. Official Code) are repealed.
            (2) Section 101 (sec. 7-2501.01, D.C. Official Code) is 
        amended by striking paragraph (13).
            (3) Section 401 (sec. 7-2504.01, D.C. Official Code) is 
        amended--
                    (A) in subsection (a), by striking ``the 
                District;'' and all that follows and inserting the 
                following: ``the District, except that a person may 
                engage in hand loading, reloading, or custom loading of 
                ammunition for firearms lawfully possessed under this 
                Act.''; and
                    (B) in subsection (b), by striking ``which are 
                unregisterable under section 202'' and inserting 
                ``which are prohibited under section 201''.
            (4) Section 402 (sec. 7-2504.02, D.C. Official Code) is 
        amended--
                    (A) in subsection (a), by striking ``Any person 
                eligible to register a firearm'' and all that follows 
                through ``such business,'' and inserting the following: 
                ``Any person not otherwise prohibited from possessing 
                or receiving a firearm under Federal or District law, 
                or from being licensed under section 923 of title 18, 
                United States Code,''; and
                    (B) in subsection (b), by amending paragraph (1) to 
                read as follows:
            ``(1) The applicant's name;''.
            (5) Section 403(b) (sec. 7-2504.03(b), D.C. Official Code) 
        is amended by striking ``registration certificate'' and 
        inserting ``dealer's license''.
            (6) Section 404(a)(3) (sec. 7-2504.04(a)(3)), D.C. Official 
        Code) is amended--
                    (A) in subparagraph (B)(i), by striking 
                ``registration certificate number (if any) of the 
                firearm,'';
                    (B) in subparagraph (B)(iv), by striking ``holding 
                the registration certificate'' and inserting ``from 
                whom it was received for repair'';
                    (C) in subparagraph (C)(i), by striking ``and 
                registration certificate number (if any) of the 
                firearm'';
                    (D) in subparagraph (C)(ii), by striking 
                ``registration certificate number or''; and
                    (E) by striking subparagraphs (D) and (E).
            (7) Section 406(c) (sec. 7-2504.06(c), D.C. Official Code) 
        is amended to read as follows:
    ``(c) Within 45 days of a decision becoming effective which is 
unfavorable to a licensee or to an applicant for a dealer's license, 
the licensee or application shall--
            ``(1) lawfully remove from the District all destructive 
        devices in his inventory, or peaceably surrender to the Chief 
        all destructive devices in his inventory in the manner provided 
        in section 705; and
            ``(2) lawfully dispose, to himself or to another, any 
        firearms and ammunition in his inventory.''.
            (8) Section 407(b) (sec. 7-2504.07(b), D.C. Official Code) 
        is amended by striking ``would not be eligible'' and all that 
        follows and inserting ``is prohibited from possessing or 
        receiving a firearm under Federal or District law.''.
            (9) Section 502 (sec. 7-2505.02, D.C. Official Code) is 
        amended--
                    (A) by amending subsection (a) to read as follows:
    ``(a) Any person or organization not prohibited from possessing or 
receiving a firearm under Federal or District law may sell or otherwise 
transfer ammunition or any firearm, except those which are prohibited 
under section 201, to a licensed dealer.'';
                    (B) in subsection (b), by adding at the end the 
                following new paragraph:
            ``(3) Ammunition, excluding restricted pistol bullets, to 
        any person not otherwise prohibited from possessing or 
        receiving ammunition.'';
                    (C) by amending subsection (c) to read as follows:
    ``(c) Any dealer licensed under the provisions of this Act may sell 
or otherwise transfer a firearm to any person or organization not 
otherwise prohibited from possessing or receiving such firearm under 
Federal or District law. In the case of a sale or transfer of a handgun 
to a resident of the District of Columbia, a federally licensed 
importer, manufacturer, or dealer of firearms in Maryland or Virginia 
shall be treated as a dealer licensed under the provisions of this Act 
for purposes of the previous sentence, notwithstanding section 
922(b)(3) of title 18, United States Code, if the transferee meets in 
person with the transferor to accomplish the transfer, and the sale, 
delivery, and receipt fully comply with the legal conditions of sale in 
both the District of Columbia and the jurisdiction in which the 
transfer occurs.'';
                    (D) by striking subsection (d); and
                    (E) by striking subsection (e).
            (10) Section 704 (sec. 7-2507.04, D.C. Official Code) is 
        amended--
                    (A) in subsection (a), by striking ``any 
                registration certificate or'' and inserting ``a''; and
                    (B) in subsection (b), by striking ``registration 
                certificate,''.
    (c) Other Conforming Amendments.--Section 2(4) of the Illegal 
Firearm Sale and Distribution Strict Liability Act of 1992 (sec. 7-
2531.01(4), D.C. Official Code) is amended--
            (1) in subparagraph (A), by striking ``or ignoring proof of 
        the purchaser's residence in the District of Columbia''; and
            (2) in subparagraph (B), by striking ``registration and''.

SEC. 6. REPEAL HANDGUN AMMUNITION BAN.

    Section 601(3) of the Firearms Control Regulations Act of 1975 
(sec. 7-2506.01(3), D.C. Official Code) is amended by striking ``is the 
holder of the valid registration certificate for'' and inserting 
``owns''.

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

    Section 702 of the Firearms Control Regulations Act of 1975 (sec. 
7-2507.02, D.C. Official Code) is amended to read as follows:

``penalties for allowing access of minors to loaded firearms if injury 
                                results

    ``Sec. 702.  (a) In General.--A person in the District of Columbia 
is guilty of unlawful storage of a firearm if--
            ``(1) the person knowingly stores or leaves a loaded 
        firearm at any premises under the person's control;
            ``(2) the person knows or reasonably should know that a 
        minor is likely to gain access to the firearm without the 
        permission of the minor's parent or legal guardian; and
            ``(3) the minor kills or injures any person (including the 
        minor) by discharging the firearm.
    ``(b) Exceptions.--This section does not apply if--
            ``(1) the firearm was stored in a securely locked container 
        and the person did not inform the minor of the location of the 
        key to, or the combination of, the container's lock;
            ``(2) the firearm was secured by a trigger lock and the 
        person did not inform the minor of the location of the key to, 
        or the combination of, the trigger lock;
            ``(3) the firearm was stored on the person's body or in 
        such proximity to the person that it could be used as quickly 
        and as easily as if it were on the person's body;
            ``(4) the minor's access to the firearm was a result of an 
        unlawful entry;
            ``(5) when discharging the firearm, the minor was acting in 
        lawful self-defense or in defense of another;
            ``(6) when discharging the firearm, the minor was engaged 
        in hunting or target or sport shooting under the supervision of 
        the minor's parent or guardian, or under the supervision of 
        another person over the age of 18 with the parent's or 
        guardian's consent; or
            ``(7) the firearm is in the possession or control of a law 
        enforcement officer while the officer is engaged in official 
        duties.
    ``(c) Minor Defined.--In this section, the term `minor' means an 
individual under 16 years of age.
    ``(d) Penalty.--A person who violates this section shall be subject 
to a fine not exceeding $1,000, a term of imprisonment not exceeding 
one year, or both.
    ``(e) Special Rule if Victim of Shooting Is Child of Person 
Committing Violation.--If a violation of this section leads to the 
accidental shooting of a minor who is the child of the person who 
committed the violation, the United States attorney shall consider both 
the extent of the minor's injuries and the effect of the minor's injury 
or death on both of the minor's parents when deciding whether to file 
charges under this section. No prosecution shall be brought in such 
circumstances unless the person who committed the violation behaved in 
a grossly negligent manner, or unless similarly egregious circumstances 
exist.''.

SEC. 8. REMOVE CRIMINAL PENALTIES FOR POSSESSION OF UNREGISTERED 
              FIREARMS.

    (a) In General.--Section 706 of the Firearms Control Regulations 
Act of 1975 (sec. 7-2507.06, D.C. Official Code) is amended by striking 
paragraph (2) and redesignating paragraph (3) as paragraph (2).
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to violations occurring after the 60-day period 
which begins on the date of the enactment of this Act.

SEC. 9. REGULATING INOPERABLE PISTOLS AND HARMONIZING DEFINITIONS FOR 
              CERTAIN TYPES OF FIREARMS.

    Section 1 of the Act of July 8, 1932 (sec. 22-4501, D.C. Official 
Code), is amended as follows:
            (1) Insert after paragraph (2) the following new paragraph:
            ``(2A) `Firearm' means any weapon, regardless of 
        operability, which will, or is designed or redesigned, made or 
        remade, readily converted, restored, or repaired, or is 
        intended to, expel a projectile or projectiles by the action of 
        an explosive. Such term does not include--
                    ``(A) a destructive device, as defined in section 
                101(7) of the Firearms Control Regulations Act of 1975;
                    ``(B) a device used exclusively for line throwing, 
                signaling, or safety, and required or recommended by 
                the Coast Guard or Interstate Commerce Commission; or
                    ``(C) a device used exclusively for firing 
                explosive rivets, stud cartridges, or similar 
                industrial ammunition and incapable for use as a 
                weapon.''.
            (2) Amend paragraph (4) to read as follows:
            ``(4) `Machine gun' has the meaning given such term in 
        section 101(10) of the Firearms Control Regulations Act of 
        1975.''.
            (3) Amend paragraph (6) to read as follows:
            ``(6) `Pistol' has the meaning given such term in section 
        101(12) of the Firearms Control Regulations Act of 1975.''.
            (4) Insert after paragraph (6) the following new paragraph:
            ``(6A) `Place of business' has the meaning given such term 
        in section 101(12A) of the Firearms Control Regulations Act of 
        1975.''.
            (5) Amend paragraph (8) to read as follows:
            ``(8) `Sawed-off shotgun' has the meaning given such term 
        in section 101(15) of the Firearms Control Regulations Act of 
        1975.''.
            (6) Insert after paragraph (9) the following new paragraph:
            ``(9A) `Shotgun' has the meaning given such term in section 
        101(16) of the Firearms Control Regulations Act of 1975.''.

SEC. 10. PROHIBITIONS OF FIREARMS FROM PRIVATE AND SENSITIVE PUBLIC 
              PROPERTY.

    The Act of July 8, 1932 (sec. 22-4501 et seq., D.C. Official Code), 
is amended by inserting after section 3 the following new section:

 ``prohibitions of firearms from private and sensitive public property

    ``Sec. 3A.  (a) Private persons or entities owning property in the 
District of Columbia may prohibit or restrict the possession of 
firearms on their property by any persons, other than law enforcement 
personnel when lawfully authorized to enter onto the property or 
lessees occupying residential or business premises.
    ``(b) The District of Columbia may prohibit or restrict the 
possession of firearms within any building or structure under its 
control, or in any area of such building or structure, which has 
implemented security measures (including but not limited to guard 
posts, metal detection devices, x-ray or other scanning devices, or 
card-based or biometric access devices) to identify and exclude 
unauthorized or hazardous persons or articles, except that no such 
prohibition or restriction may apply to lessees occupying residential 
or business premises.''.

SEC. 11. REGULATING THE CARRYING OF FIREARMS.

    (a) Carrying Rifles or Shotguns.--Section 4 of the Act of July 8, 
1932 (sec. 22-4504, D.C. Official Code), is amended by inserting after 
subsection (a) the following new subsection:
    ``(a-1) Except as otherwise permitted by law, no person shall carry 
within the District of Columbia a rifle or shotgun. A person who 
violates this subsection shall be subject, as applicable, to the 
criminal penalties set forth in section 15 and paragraph (2) of 
subsection (a).''.
    (b) Authority To Carry Firearm in Certain Places and for Certain 
Purposes; Lawful Transportation of Firearms.--The Act of July 8, 1932 
(sec. 22-4501 et seq., D.C. Official Code), is amended by inserting 
after section 4 the following new sections:

``authority to carry firearm in certain places and for certain purposes

    ``Sec. 4A. Notwithstanding any other law, a person not otherwise 
prohibited by law from shipping, transporting, possessing, or receiving 
a firearm may carry such firearm, whether loaded or unloaded--
            ``(1) in the person's dwelling house or place of business 
        or on land owned or lawfully possessed by the person;
            ``(2) by invitation on land owned or lawfully possessed by 
        another;
            ``(3) while it is being used for lawful recreational, 
        sporting, educational, or training purposes; or
            ``(4) while it is being transported for a lawful purpose as 
        expressly authorized by District or Federal law and in 
        accordance with the requirements of that law.

                  ``lawful transportation of firearms

    ``Sec. 4B.  (a) Any person who is not otherwise prohibited by law 
from shipping, transporting, possessing, or receiving a firearm shall 
be permitted to transport a firearm for any lawful purpose from any 
place where he may lawfully possess the firearm to any other place 
where he may lawfully possess the firearm if the firearm is transported 
in accordance with this section.
    ``(b)(1) If the transportation of the firearm is by a vehicle, the 
firearm shall be unloaded, and neither the firearm nor any ammunition 
being transported shall be readily accessible or directly accessible 
from the passenger compartment of the transporting vehicle.
    ``(2) If the transporting vehicle does not have a compartment 
separate from the driver's compartment, the firearm or ammunition shall 
be contained in a locked container other than the glove compartment or 
console, and the firearm shall be unloaded.
    ``(c) If the transportation of the firearm is in a manner other 
than in a vehicle, the firearm shall be--
            ``(1) unloaded;
            ``(2) inside a locked container; and
            ``(3) separate from any ammunition.''.
    (c) Exceptions to Restrictions on Carrying Concealed Weapons.--
Section 5 of such Act (sec. 22-4505, D.C. Official Code) is amended--
            (1) in subsection (a), by striking ``pistol unloaded and in 
        a secure wrapper from'' and inserting ``firearm, transported in 
        accordance with section 4b, from''; and
            (2) in subsection (a), by striking ``pistol'' each place it 
        appears and inserting ``firearm''.

SEC. 12. INCLUDING TOY AND ANTIQUE PISTOLS IN PROHIBITION AGAINST USING 
              AN IMITATION FIREARM TO COMMIT A VIOLENT OR DANGEROUS 
              CRIME.

    Section 13 of the Act of July 8, 1932 (sec. 22-4513, D.C. Official 
Code), is amended by striking ``section 2 and section 14(b)'' and 
inserting ``sections 2, 4(b), and 14(b)''.

SEC. 13. PROVIDING JURISDICTION TO OFFICE OF ADMINISTRATIVE HEARINGS TO 
              HEAR CASES PERTAINING TO DENIAL OR REVOCATION OF FIREARM 
              DEALER LICENSES.

    Section 6 of the Office of Administrative Hearings Establishment 
Act of 2001 (D.C. Law 14-76; sec. 2-1831.03, D.C. Official Code) is 
amended by inserting after subsection (b-1) the following new 
subsection:
    ``(b-2) In addition to those adjudicated cases listed in 
subsections (a), (b), and (b-1), this Act shall apply to all 
adjudicated cases involving the denial or revocation of a dealer 
license pursuant to section 406 of the Firearms Control Regulations Act 
of 1975.''.

SEC. 14. REPEALS OF DISTRICT OF COLUMBIA ACTS.

    Effective on the day before the date of the enactment of this Act, 
the Firearms Registration Amendment Act of 2008 (D.C. Law 17-372) and 
the Inoperable Pistol Amendment Act of 2008 (D.C. Law 17-388) are 
repealed, and any provision of law amended or repealed by either of 
such Acts is restored or revived as if such Acts had not been enacted 
into law.

SEC. 15. SEVERABILITY.

    Notwithstanding any other provision of this Act, if any provision 
of this Act, or any amendment made by this Act, or the application of 
such provision or amendment to any person or circumstance is held to be 
unconstitutional, the other provisions of this Act and any other 
amendments made by this Act, and the application of such provision or 
amendment to other persons or circumstances, shall not be affected 
thereby.
                                 <all>
```