II 
110TH CONGRESS 
2D SESSION 
H. R. 6842 
IN THE SENATE OF THE UNITED STATES 
SEPTEMBER 18 (legislative day, SEPTEMBER 17), 2008 
Received and read the first time 
AN ACT 
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 Act may be cited as the ‘‘Second Amendment 
Enforcement Act’’. 
SEC. 2. CONGRESSIONAL FINDINGS. 
Congress finds the following: 
(1) The Second Amendment to the United 
States Constitution provides that the right of the 
people to keep and bear arms shall not be infringed. 
(2) As the Congress and the Supreme Court of 
the United States have recognized, the Second 
Amendment to the United States Constitution pro-
tects the rights of individuals, including those who 
are not members of a militia or engaged in military 
service or training, to keep and bear arms. 
(3) 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. 
(4) The District of Columbia has the highest 
per capita murder rate in the Nation, which may be 
attributed in part to local laws prohibiting posses-
sion of firearms by law-abiding persons who would 
otherwise be able to defend themselves and their 
loved ones in their own homes and businesses. 
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(5) The Federal Gun Control Act of 1968, as 
amended by the Firearms Owners’ Protection Act of 
1986, and the Brady Handgun Violence Prevention 
Act of 1993, provide comprehensive Federal regula-
tions applicable in the District of Columbia as else-
where. In addition, existing District of Columbia 
criminal laws punish possession and illegal use of 
firearms by violent criminals and felons. Con-
sequently, there is no need for local laws which only 
affect and disarm law-abiding citizens. 
(6) 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. 
(7) 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. 
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 
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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, 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 pri-
vate ownership or use of firearms. Nothing in the previous 
two sentences shall be construed to prohibit the District 
of Columbia from regulating or prohibiting 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. 
(a) IN GENERAL.—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 readily restored to 
shoot automatically, more than 1 shot without man-
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ual reloading by a single function of the trigger, and 
includes the frame or receiver of any such weapon, 
any part designed and intended solely and exclu-
sively, or combination of parts designed and in-
tended, for use in converting a weapon into a ma-
chine 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.’’. 
(b) CONFORMING AMENDMENT TO PROVISIONS SET-
TING FORTH CRIMINAL PENALTIES.—Section 1(c) of the 
Act of July 8, 1932 (47 Stat. 651; sec. 22—4501(c), D.C. 
Official Code) is amended to read as follows: 
‘‘(c) ‘Machine gun’, as used in this Act, has the 
meaning given such term in section 101(10) of the Fire-
arms Control Regulations Act of 1975.’’. 
SEC. 5. REPEAL REGISTRATION REQUIREMENT. 
(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).’’. 
(2) DESCRIPTION OF FIREARMS REMAINING IL-
LEGAL.—Section 201 of such Act (sec. 7–2502.01, 
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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 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-
lowing: ‘‘the District, except that a person may 
engage in hand loading, reloading, or custom 
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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— 
(1) by striking ‘‘that:’’ and all that follows 
through ‘‘(1) A’’ and inserting ‘‘that a’’; and 
(2) by striking paragraph (2). 
(b) EFFECTIVE DATE.—The amendments 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. REMOVE CRIMINAL PENALTIES FOR CARRYING A 
FIREARM IN ONE’S DWELLING OR OTHER 
PREMISES. 
(a) IN GENERAL.—Section 4(a) of the Act of July 
8, 1932 (47 Stat. 651; sec. 22—4504(a), D.C. Official 
Code) is amended— 
(1) in the matter before paragraph (1), by 
striking ‘‘a pistol,’’ and inserting the following: ‘‘ex-
cept in his dwelling house or place of business or on 
other land possessed by that person, whether loaded 
or unloaded, a firearm,’’; and 
(2) by striking ‘‘except that:’’ and all that fol-
lows through ‘‘(2) If the violation’’ and inserting 
‘‘except that if the violation’’. 
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(b) CONFORMING AMENDMENT.—Section 5 of such 
Act (47 Stat. 651; sec. 22—4505, D.C. Official Code) is 
amended— 
(1) by striking ‘‘pistol’’ each place it appears 
and inserting ‘‘firearm’’; and 
(2) by striking ‘‘pistols’’ each place it appears 
and inserting ‘‘firearms’’. 
SEC. 10. AUTHORIZING PURCHASES OF FIREARMS BY DIS-
TRICT RESIDENTS. 
Section 922 of title 18, United States Code, is 
amended in paragraph (b)(3) by inserting after ‘‘other 
than a State in which the licensee’s place of business is 
located’’ the following: ‘‘, or to the sale or delivery of a 
handgun to a resident of the District of Columbia by a 
licensee whose place of business is located in Maryland or 
Virginia,’’. 
Passed the House of Representatives September 17, 
2008. 
Attest: 
LORRAINE C. MILLER, 
Clerk. 
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