I 
111TH CONGRESS 
2D SESSION 
H. R. 5162 
To restore Second Amendment rights in the District of Columbia. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 28, 2010 
Mr. CHILDERS (for himself, Mr. SOUDER, Mr. ALTMIRE, Mr. DAVIS of Ala-
bama, Mr. MELANCON, Mr. MICA, Mr. CARNEY, Mr. BURTON of Indiana, 
Mr. DAVIS of Tennessee, Mr. SHULER, Mr. ROSS, Mr. GINGREY of Geor-
gia, Mr. SESSIONS, Mr. SHUSTER, Mr. WESTMORELAND, Mr. WILSON of 
South Carolina, Mr. SIMPSON, Mr. ELLSWORTH, Mr. WILSON of Ohio, 
Mr. BISHOP of Georgia, Mr. CARDOZA, Mr. BOUCHER, Mr. KAGEN, Mr. 
BARROW, Mr. WALZ, Mr. HILL, Mr. HOLDEN, Mr. HEINRICH, Mr. 
YOUNG of Alaska, Mr. PATRICK J. MURPHY of Pennsylvania, Mr. MACK, 
Mr. MARSHALL, Mr. KISSELL, Mr. MORAN of Kansas, Mr. RAHALL, Mr. 
DINGELL, Mr. DONNELLY of Indiana, Mr. KINGSTON, Mr. MINNICK, Mr. 
TIAHRT, Mr. TEAGUE, Mr. JONES, Mr. OWENS, Ms. JENKINS, Mr. BOYD, 
Mr. GENE GREEN of Texas, Mr. CHANDLER, Mr. MCHENRY, Mr. BACH-
US, Mrs. HALVORSON, Mr. WHITFIELD, Mr. HODES, Mr. TAYLOR, Mr. 
GERLACH, Mr. CALVERT, Mr. PERRIELLO, Ms. GIFFORDS, Mr. 
MCNERNEY, Mr. STUPAK, Ms. MARKEY of Colorado, Mr. DENT, Mr. 
TANNER, and Mr. BISHOP of Utah) introduced the following bill; which 
was referred to the Committee on Oversight and Government Reform 
A BILL 
To restore Second Amendment rights in the District of 
Columbia. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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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, ri-
fles, 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 re-
strict lawful firearm possession and use by citizens 
of the District. 
(4) Legislation is required to correct the Dis-
trict of Columbia’s law in order to restore the funda-
mental rights of its citizens under the Second 
Amendment to the United States Constitution and 
thereby enhance public safety. 
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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 con-
strued to permit, the Council, the Mayor, or any govern-
mental 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 pur-
poses, any firearm neither prohibited by Federal law nor 
subject to the National Firearms Act. The District of Co-
lumbia shall not have authority to enact laws or regula-
tions 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, ei-
ther concealed or openly, other than at the person’s dwell-
ing place, place of business, or on other land possessed 
by the person.’’. 
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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 re-
stored to shoot, automatically more than one shot, 
without manual reloading, by a single function of 
the trigger. The term ‘machine gun’ shall also in-
clude 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 AU-
THORIZE AMMUNITION SALES. 
(a) REPEAL OF REQUIREMENT.— 
(1) IN GENERAL.—Section 201(a) of the Fire-
arms Control Regulations Act of 1975 (sec. 7– 
2502.01(a), D.C. Official Code) is amended by strik-
ing ‘‘any firearm, unless’’ and all that follows 
through paragraph (3) and inserting the following: 
‘‘any firearm described in subsection (c).’’. 
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(2) DESCRIPTION OF FIREARMS REMAINING IL-
LEGAL.—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. Of-
ficial Code) is amended by striking ‘‘Registration re-
quirements’’ and inserting ‘‘Firearm Possession’’. 
(b) CONFORMING AMENDMENTS TO FIREARMS CON-
TROL REGULATIONS ACT.—The Firearms Control Regu-
lations 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 re-
pealed. 
(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 Dis-
trict;’’ and all that follows and inserting the fol-
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lowing: ‘‘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 in-
serting ‘‘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 in-
serting the following: ‘‘Any person not other-
wise 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 para-
graph (1) to read as follows: 
‘‘(1) The applicant’s name;’’. 
(5) Section 403(b) (sec. 7–2504.03(b), D.C. Of-
ficial Code) is amended by striking ‘‘registration cer-
tificate’’ and inserting ‘‘dealer’s license’’. 
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‘‘(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. Of-
ficial Code) is amended by striking ‘‘would not be el-
igible’’ and all that follows and inserting ‘‘is prohib-
ited 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 fire-
arm, 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 
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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 Vir-
ginia shall be treated as a dealer licensed under the provi-
sions 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, deliv-
ery, 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 reg-
istration certificate or’’ and inserting ‘‘a’’; and 
(B) in subsection (b), by striking ‘‘reg-
istration 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— 
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(1) in subparagraph (A), by striking ‘‘or ignor-
ing proof of the purchaser’s residence in the District 
of Columbia’’; and 
(2) in subparagraph (B), by striking ‘‘registra-
tion 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 Dis-
trict 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 fire-
arm without the permission of the minor’s parent or 
legal guardian; and 
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‘‘(3) the minor kills or injures any person (in-
cluding 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 loca-
tion 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 re-
sult of an unlawful entry; 
‘‘(5) when discharging the firearm, the minor 
was acting in lawful self-defense or in defense of an-
other; 
‘‘(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 
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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 en-
gaged 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 viola-
tion 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 un-
less the person who committed the violation behaved in 
a grossly negligent manner, or unless similarly egregious 
circumstances exist.’’. 
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SEC. 8. REMOVE CRIMINAL PENALTIES FOR POSSESSION 
OF UNREGISTERED FIREARMS. 
(a) IN GENERAL.—Section 706 of the Firearms Con-
trol Regulations Act of 1975 (sec. 7–2507.06, D.C. Offi-
cial Code) is amended by striking paragraph (2) and re-
designating paragraph (3) as paragraph (2). 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply with respect to violations occur-
ring after the 60-day period which begins on the date of 
the enactment of this Act. 
SEC. 9. REGULATING INOPERABLE PISTOLS AND HARMO-
NIZING 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 rede-
signed, 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 Regula-
tions Act of 1975; 
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(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 re-
strict the possession of firearms on their property by any 
persons, other than law enforcement personnel when law-
fully authorized to enter onto the property or lessees occu-
pying residential or business premises. 
‘‘(b) The District of Columbia may prohibit or re-
strict 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 unauthor-
ized or hazardous persons or articles, except that no such 
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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 per-
son 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 TRANS-
PORTATION OF FIREARMS.—The Act of July 8, 1932 (sec. 
22–4501 et seq., D.C. Official Code), is amended by in-
serting 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, trans-
porting, 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; 
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‘‘(2) by invitation on land owned or lawfully 
possessed by another; 
‘‘(3) while it is being used for lawful rec-
reational, sporting, educational, or training pur-
poses; or 
‘‘(4) while it is being transported for a lawful 
purpose as expressly authorized by District or Fed-
eral law and in accordance with the requirements of 
that law. 
‘‘LAWFUL TRANSPORTATION OF FIREARMS 
‘‘SEC. 4B. (a) Any person who is not otherwise pro-
hibited by law from shipping, transporting, possessing, or 
receiving a firearm shall be permitted to transport a fire-
arm 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 trans-
ported 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 fire-
arm nor any ammunition being transported shall be read-
ily accessible or directly accessible from the passenger 
compartment of the transporting vehicle. 
‘‘(2) If the transporting vehicle does not have a com-
partment separate from the driver’s compartment, the 
firearm or ammunition shall be contained in a locked con-
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tainer other than the glove compartment or console, and 
the firearm shall be unloaded. 
‘‘(c) If the transportation of the firearm is in a man-
ner 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 un-
loaded 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 PROHI-
BITION AGAINST USING AN IMITATION FIRE-
ARM 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)’’. 
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SEC. 13. PROVIDING JURISDICTION TO OFFICE OF ADMIN-
ISTRATIVE HEARINGS TO HEAR CASES PER-
TAINING 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 unconstitu-
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tional, 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 cir-
cumstances, shall not be affected thereby. 
Æ 
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