II 

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. 

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 title may be cited as the ‘‘Second Amendment 

5 Enforcement Act’’. 

6 SEC. 2. CONGRESSIONAL FINDINGS. 

7 Congress finds the following: 

8 (1) The law-abiding citizens of the District of 

9 Columbia are deprived by local laws of handguns, riVerDate Mar 15 2010 23:44 Apr 27, 2010 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3265.IS S3265

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1 fles, and shotguns that are commonly kept by law2 abiding persons throughout the United States for 

3 sporting use and for lawful defense of their persons, 

4 homes, businesses, and families. 

5 (2) The District of Columbia has among the 

6 highest per capita murder rates in the Nation, which 

7 may be attributed in part to local laws prohibiting 

8 possession of firearms by law-abiding persons who 

9 would otherwise be able to defend themselves and 

10 their loved ones in their own homes and businesses. 

11 (3) Officials of the District of Columbia have 

12 indicated their intention to continue to unduly re13 strict lawful firearm possession and use by citizens 

14 of the District. 

15 (4) Legislation is required to correct the Dis16 trict of Columbia’s law in order to restore the funda17 mental rights of its citizens under the Second 

18 Amendment to the United States Constitution and 

19 thereby enhance public safety. 

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

21 FIREARMS. 

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

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

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

25 1–303.43, D.C. Official Code), is amended by adding at 


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

2 other provision of law shall authorize, or shall be con3 strued to permit, the Council, the Mayor, or any govern4 mental or regulatory authority of the District of Columbia 

5 to prohibit, constructively prohibit, or unduly burden the 

6 ability of persons not prohibited from possessing firearms 

7 under Federal law from acquiring, possessing in their 

8 homes or businesses, transporting for legitimate purposes, 

9 or using for sporting, self-protection or other lawful pur10 poses, any firearm neither prohibited by Federal law nor 

11 subject to the National Firearms Act. The District of Co12 lumbia shall not have authority to enact laws or regula13 tions that discourage or eliminate the private ownership 

14 or use of firearms. Nothing in the previous two sentences 

15 shall be construed to prohibit the District of Columbia 

16 from regulating the carrying of firearms by a person, ei17 ther concealed or openly, other than at the person’s dwell18 ing place, place of business, or on other land possessed 

19 by the person.’’. 

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

21 Section 101(10) of the Firearms Control Regulations 

22 Act of 1975 (sec. 7–2501.01(10), D.C. Official Code) is 

23 amended to read as follows: 

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

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1 stored to shoot, automatically more than one shot, 

2 without manual reloading, by a single function of 

3 the trigger. The term ‘machine gun’ shall also in4 clude the frame or receiver of any such firearm, any 

5 part designed and intended solely and exclusively, or 

6 combination of parts designed and intended, for use 

7 in converting a firearm into a machine gun, and any 

8 combination of parts from which a machine gun can 

9 be assembled if such parts are in the possession or 

10 under the control of a person.’’. 

11 SEC. 5. REPEAL REGISTRATION REQUIREMENT AND AU12 THORIZE AMMUNITION SALES. 

13 (a) REPEAL OF REQUIREMENT.— 

14 (1) IN GENERAL.—Section 201(a) of the Fire15 arms Control Regulations Act of 1975 (sec. 7– 

16 2502.01(a), D.C. Official Code) is amended by strik17 ing ‘‘any firearm, unless’’ and all that follows 

18 through paragraph (3) and inserting the following: 

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

20 (2) DESCRIPTION OF FIREARMS REMAINING IL21 LEGAL.—Section 201 of such Act (sec. 7–2502.01, 

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

23 the following new subsection: 

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

25 the following: 


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1 ‘‘(1) A sawed-off shotgun. 

2 ‘‘(2) A machine gun. 

3 ‘‘(3) A short-barreled rifle.’’. 

4 (3) CONFORMING AMENDMENT.—The heading 

5 of section 201 of such Act (sec. 7–2502.01, D.C. Of6 ficial Code) is amended by striking ‘‘Registration re7 quirements’’ and inserting ‘‘Firearm Possession’’. 

8 (b) CONFORMING AMENDMENTS TO FIREARMS CON9 TROL REGULATIONS ACT.—The Firearms Control Regu10 lations Act of 1975 is amended as follows: 

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

12 through 7–2502.11, D.C. Official Code) are re13 pealed. 

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

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

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

17 Code) is amended— 

18 (A) in subsection (a), by striking ‘‘the Dis19 trict;’’ and all that follows and inserting the fol20 lowing: ‘‘the District, except that a person may 

21 engage in hand loading, reloading, or custom 

22 loading of ammunition for firearms lawfully 

23 possessed under this Act.’’; and 

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

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1 serting ‘‘which are prohibited under section 

2 201’’. 

3 (4) Section 402 (sec. 7–2504.02, D.C. Official 

4 Code) is amended— 

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

6 person eligible to register a firearm’’ and all 

7 that follows through ‘‘such business,’’ and in8 serting the following: ‘‘Any person not other9 wise prohibited from possessing or receiving a 

10 firearm under Federal or District law, or from 

11 being licensed under section 923 of title 18, 

12 United States Code,’’; and 

13 (B) in subsection (b), by amending para14 graph (1) to read as follows: 

15 ‘‘(1) The applicant’s name;’’. 

16 (5) Section 403(b) (sec. 7–2504.03(b), D.C. Of17 ficial Code) is amended by striking ‘‘registration cer18 tificate’’ and inserting ‘‘dealer’s license’’. 

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

20 D.C. Official Code) is amended— 

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

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

23 firearm,’’; 


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

2 ‘‘holding the registration certificate’’ and insert3 ing ‘‘from whom it was received for repair’’; 

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

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

6 the firearm’’; 

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

8 ‘‘registration certificate number or’’; and 

9 (E) by striking subparagraphs (D) and 

10 (E). 

11 (7) Section 406(c) (sec. 7–2504.06(c), D.C. Of12 ficial 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) (sec. 7–2504.07(b), D.C. Of23 ficial Code) is amended by striking ‘‘would not be el24 igible’’ and all that follows and inserting ‘‘is prohibVerDate Mar 15 2010 23:44 Apr 27, 2010 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S3265.IS S3265

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1 ited from possessing or receiving a firearm under 

2 Federal or District law.’’. 

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

4 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) in subsection (b), by adding at the end 

13 the following new paragraph: 

14 ‘‘(3) Ammunition, excluding restricted pistol 

15 bullets, to any person not otherwise prohibited from 

16 possessing or receiving ammunition.’’; 

17 (C) by amending subsection (c) to read as 

18 follows: 

19 ‘‘(c) Any dealer licensed under the provisions of this 

20 Act may sell or otherwise transfer a firearm to any person 

21 or organization not otherwise prohibited from possessing 

22 or receiving such firearm under Federal or District law. 

23 In the case of a sale or transfer of a handgun to a resident 

24 of the District of Columbia, a federally licensed importer, 

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1 ginia shall be treated as a dealer licensed under the provi2 sions of this Act for purposes of the previous sentence, 

3 notwithstanding section 922(b)(3) of title 18, United 

4 States Code, if the transferee meets in person with the 

5 transferor to accomplish the transfer, and the sale, deliv6 ery, and receipt fully comply with the legal conditions of 

7 sale in both the District of Columbia and the jurisdiction 

8 in which the transfer occurs.’’; 

9 (D) by striking subsection (d); and 

10 (E) by striking subsection (e). 

11 (10) Section 704 (sec. 7–2507.04, D.C. Official 

12 Code) is amended— 

13 (A) in subsection (a), by striking ‘‘any reg14 istration certificate or’’ and inserting ‘‘a’’; and 

15 (B) in subsection (b), by striking ‘‘reg16 istration certificate,’’. 

17 (c) OTHER CONFORMING AMENDMENTS.—Section 

18 2(4) of the Illegal Firearm Sale and Distribution Strict 

19 Liability Act of 1992 (sec. 7–2531.01(4), D.C. Official 

20 Code) is amended— 

21 (1) in subparagraph (A), by striking ‘‘or ignor22 ing proof of the purchaser’s residence in the District 

23 of Columbia’’; and 

24 (2) in subparagraph (B), by striking ‘‘registra25 tion and’’. 


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1 SEC. 6. REPEAL HANDGUN AMMUNITION BAN. 

2 Section 601(3) of the Firearms Control Regulations 

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

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

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

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

7 Section 702 of the Firearms Control Regulations Act 

8 of 1975 (sec. 7–2507.02, D.C. Official Code) is amended 

9 to read as follows: 

10 ‘‘PENALTIES FOR ALLOWING ACCESS OF MINORS TO

11 LOADED FIREARMS IF INJURY RESULTS

12 ‘‘SEC. 702. (a) IN GENERAL.—A person in the Dis13 trict of Columbia is guilty of unlawful storage of a firearm 

14 if— 

15 ‘‘(1) the person knowingly stores or leaves a 

16 loaded firearm at any premises under the person’s 

17 control; 

18 ‘‘(2) the person knows or reasonably should 

19 know that a minor is likely to gain access to the fire20 arm without the permission of the minor’s parent or 

21 legal guardian; and 

22 ‘‘(3) the minor kills or injures any person (in23 cluding the minor) by discharging the firearm. 

24 ‘‘(b) EXCEPTIONS.—This section does not apply if— 

25 ‘‘(1) the firearm was stored in a securely locked 

26 container and the person did not inform the minor 


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1 of the location of the key to, or the combination of, 

2 the container’s lock; 

3 ‘‘(2) the firearm was secured by a trigger lock 

4 and the person did not inform the minor of the loca5 tion of the key to, or the combination of, the trigger 

6 lock; 

7 ‘‘(3) the firearm was stored on the person’s 

8 body or in such proximity to the person that it could 

9 be used as quickly and as easily as if it were on the 

10 person’s body; 

11 ‘‘(4) the minor’s access to the firearm was a re12 sult of an unlawful entry; 

13 ‘‘(5) when discharging the firearm, the minor 

14 was acting in lawful self-defense or in defense of an15 other; 

16 ‘‘(6) when discharging the firearm, the minor 

17 was engaged in hunting or target or sport shooting 

18 under the supervision of the minor’s parent or 

19 guardian, or under the supervision of another person 

20 over the age of 18 with the parent’s or guardian’s 

21 consent; or 

22 ‘‘(7) the firearm is in the possession or control 

23 of a law enforcement officer while the officer is en24 gaged in official duties. 


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1 ‘‘(c) MINOR DEFINED.—In this section, the term 

2 ‘minor’ means an individual under 16 years of age. 

3 ‘‘(d) PENALTY.—A person who violates this section 

4 shall be subject to a fine not exceeding $1,000, a term 

5 of imprisonment not exceeding one year, or both. 

6 ‘‘(e) SPECIAL RULE IF VICTIM OF SHOOTING IS

7 CHILD OF PERSON COMMITTING VIOLATION.—If a viola8 tion of this section leads to the accidental shooting of a 

9 minor who is the child of the person who committed the 

10 violation, the United States attorney shall consider both 

11 the extent of the minor’s injuries and the effect of the 

12 minor’s injury or death on both of the minor’s parents 

13 when deciding whether to file charges under this section. 

14 No prosecution shall be brought in such circumstances un15 less the person who committed the violation behaved in 

16 a grossly negligent manner, or unless similarly egregious 

17 circumstances exist.’’. 

18 SEC. 8. REMOVE CRIMINAL PENALTIES FOR POSSESSION 

19 OF UNREGISTERED FIREARMS. 

20 (a) IN GENERAL.—Section 706 of the Firearms Con21 trol Regulations Act of 1975 (sec. 7–2507.06, D.C. Offi22 cial Code) is amended by striking paragraph (2) and re23 designating paragraph (3) as paragraph (2). 

24 (b) EFFECTIVE DATE.—The amendment made by 

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1 ring after the 60-day period which begins on the date of 

2 the enactment of this Act. 

3 SEC. 9. REGULATING INOPERABLE PISTOLS AND HARMO4 NIZING DEFINITIONS FOR CERTAIN TYPES OF 

5 FIREARMS. 

6 Section 1 of the Act of July 8, 1932 (sec. 22–4501, 

7 D.C. Official Code), is amended as follows: 

8 (1) Insert after paragraph (2) the following new 

9 paragraph: 

10 ‘‘(2A) ‘Firearm’ means any weapon, regardless 

11 of operability, which will, or is designed or rede12 signed, made or remade, readily converted, restored, 

13 or repaired, or is intended to, expel a projectile or 

14 projectiles by the action of an explosive. Such term 

15 does not include— 

16 ‘‘(A) a destructive device, as defined in 

17 section 101(7) of the Firearms Control Regula18 tions Act of 1975; 

19 ‘‘(B) a device used exclusively for line 

20 throwing, signaling, or safety, and required or 

21 recommended by the Coast Guard or Interstate 

22 Commerce Commission; or 

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1 trial ammunition and incapable for use as a 

2 weapon.’’. 

3 (2) Amend paragraph (4) to read as follows: 

4 ‘‘(4) ‘Machine gun’ has the meaning given such 

5 term in section 101(10) of the Firearms Control 

6 Regulations Act of 1975.’’. 

7 (3) Amend paragraph (6) to read as follows: 

8 ‘‘(6) ‘Pistol’ has the meaning given such term 

9 in section 101(12) of the Firearms Control Regula10 tions Act of 1975.’’. 

11 (4) Insert after paragraph (6) the following new 

12 paragraph: 

13 ‘‘(6A) ‘Place of business’ has the meaning given 

14 such term in section 101(12A) of the Firearms Con15 trol Regulations Act of 1975.’’. 

16 (5) Amend paragraph (8) to read as follows: 

17 ‘‘(8) ‘Sawed-off shotgun’ has the meaning given 

18 such term in section 101(15) of the Firearms Con19 trol Regulations Act of 1975.’’. 

20 (6) Insert after paragraph (9) the following new 

21 paragraph: 

22 ‘‘(9A) ‘Shotgun’ has the meaning given such 

23 term in section 101(16) of the Firearms Control 

24 Regulations Act of 1975.’’. 


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1 SEC. 10. PROHIBITIONS OF FIREARMS FROM PRIVATE AND 

2 SENSITIVE PUBLIC PROPERTY. 

3 The Act of July 8, 1932 (sec. 22–4501 et seq., D.C. 

4 Official Code), is amended by inserting after section 3 the 

5 following new section: 

6 ‘‘PROHIBITIONS OF FIREARMS FROM PRIVATE AND

7 SENSITIVE PUBLIC PROPERTY

8 ‘‘SEC. 3A. (a) Private persons or entities owning 

9 property in the District of Columbia may prohibit or re10 strict the possession of firearms on their property by any 

11 persons, other than law enforcement personnel when law12 fully authorized to enter onto the property or lessees occu13 pying residential or business premises. 

14 ‘‘(b) The District of Columbia may prohibit or re15 strict the possession of firearms within any building or 

16 structure under its control, or in any area of such building 

17 or structure, which has implemented security measures 

18 (including but not limited to guard posts, metal detection 

19 devices, x-ray or other scanning devices, or card-based or 

20 biometric access devices) to identify and exclude unauthor21 ized or hazardous persons or articles, except that no such 

22 prohibition or restriction may apply to lessees occupying 

23 residential or business premises.’’. 

24 SEC. 11. REGULATING THE CARRYING OF FIREARMS. 

25 (a) CARRYING RIFLES OR SHOTGUNS.—Section 4 of 

26 the Act of July 8, 1932 (sec. 22–4504, D.C. Official 


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1 Code), is amended by inserting after subsection (a) the 

2 following new subsection: 

3 ‘‘(a-1) Except as otherwise permitted by law, no per4 son shall carry within the District of Columbia a rifle or 

5 shotgun. A person who violates this subsection shall be 

6 subject, as applicable, to the criminal penalties set forth 

7 in section 15 and paragraph (2) of subsection (a).’’. 

8 (b) AUTHORITY TO CARRY FIREARM IN CERTAIN

9 PLACES AND FOR CERTAIN PURPOSES; LAWFUL TRANS10 PORTATION OF FIREARMS.—The Act of July 8, 1932 (sec. 

11 22–4501 et seq., D.C. Official Code), is amended by in12 serting after section 4 the following new sections: 

13 ‘‘AUTHORITY TO CARRY FIREARM IN CERTAIN PLACES

14 AND FOR CERTAIN PURPOSES

15 ‘‘SEC. 4A. Notwithstanding any other law, a person 

16 not otherwise prohibited by law from shipping, trans17 porting, possessing, or receiving a firearm may carry such 

18 firearm, whether loaded or unloaded— 

19 ‘‘(1) in the person’s dwelling house or place of 

20 business or on land owned or lawfully possessed by 

21 the person; 

22 ‘‘(2) by invitation on land owned or lawfully 

23 possessed by another; 

24 ‘‘(3) while it is being used for lawful rec25 reational, sporting, educational, or training pur26 poses; or 


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1 ‘‘(4) while it is being transported for a lawful 

2 purpose as expressly authorized by District or Fed3 eral law and in accordance with the requirements of 

4 that law. 

5 ‘‘LAWFUL TRANSPORTATION OF FIREARMS

6 ‘‘SEC. 4B. (a) Any person who is not otherwise pro7 hibited by law from shipping, transporting, possessing, or 

8 receiving a firearm shall be permitted to transport a fire9 arm for any lawful purpose from any place where he may 

10 lawfully possess the firearm to any other place where he 

11 may lawfully possess the firearm if the firearm is trans12 ported in accordance with this section. 

13 ‘‘(b)(1) If the transportation of the firearm is by a 

14 vehicle, the firearm shall be unloaded, and neither the fire15 arm nor any ammunition being transported shall be read16 ily accessible or directly accessible from the passenger 

17 compartment of the transporting vehicle. 

18 ‘‘(2) If the transporting vehicle does not have a com19 partment separate from the driver’s compartment, the 

20 firearm or ammunition shall be contained in a locked con21 tainer other than the glove compartment or console, and 

22 the firearm shall be unloaded. 

23 ‘‘(c) If the transportation of the firearm is in a man24 ner other than in a vehicle, the firearm shall be— 

25 ‘‘(1) unloaded; 

26 ‘‘(2) inside a locked container; and 


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1 ‘‘(3) separate from any ammunition.’’. 

2 (c) EXCEPTIONS TO RESTRICTIONS ON CARRYING

3 CONCEALED WEAPONS.—Section 5 of such Act (sec. 22– 

4 4505, D.C. Official Code) is amended— 

5 (1) in subsection (a), by striking ‘‘pistol un6 loaded and in a secure wrapper from’’ and inserting 

7 ‘‘firearm, transported in accordance with section 4b, 

8 from’’; and 

9 (2) in subsection (a), by striking ‘‘pistol’’ each 

10 place it appears and inserting ‘‘firearm’’. 

11 SEC. 12. INCLUDING TOY AND ANTIQUE PISTOLS IN PROHI12 BITION AGAINST USING AN IMITATION FIRE13 ARM TO COMMIT A VIOLENT OR DANGEROUS 

14 CRIME. 

15 Section 13 of the Act of July 8, 1932 (sec. 22–4513, 

16 D.C. Official Code), is amended by striking ‘‘section 2 and 

17 section 14(b)’’ and inserting ‘‘sections 2, 4(b), and 14(b)’’. 

18 SEC. 13. PROVIDING JURISDICTION TO OFFICE OF ADMIN19 ISTRATIVE HEARINGS TO HEAR CASES PER20 TAINING TO DENIAL OR REVOCATION OF 

21 FIREARM DEALER LICENSES. 

22 Section 6 of the Office of Administrative Hearings 

23 Establishment Act of 2001 (D.C. Law 14–76; sec. 2– 

24 1831.03, D.C. Official Code) is amended by inserting after 

25 subsection (b-1) the following new subsection: 


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1 ‘‘(b-2) In addition to those adjudicated cases listed 

2 in subsections (a), (b), and (b-1), this Act shall apply to 

3 all adjudicated cases involving the denial or revocation of 

4 a dealer license pursuant to section 406 of the Firearms 

5 Control Regulations Act of 1975.’’. 

6 SEC. 14. REPEALS OF DISTRICT OF COLUMBIA ACTS. 

7 Effective on the day before the date of the enactment 

8 of this Act, the Firearms Registration Amendment Act of 

9 2008 (D.C. Law 17–372) and the Inoperable Pistol 

10 Amendment Act of 2008 (D.C. Law 17–388) are repealed, 

11 and any provision of law amended or repealed by either 

12 of such Acts is restored or revived as if such Acts had 

13 not been enacted into law. 

14 SEC. 15. SEVERABILITY. 

15 Notwithstanding any other provision of this Act, if 

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

17 Act, or the application of such provision or amendment 

18 to any person or circumstance is held to be unconstitu19 tional, the other provisions of this Act and any other 

20 amendments made by this Act, and the application of such 

21 provision or amendment to other persons or cir22 cumstances, shall not be affected thereby. 

Æ 


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