I 
108TH CONGRESS 
1ST SESSION 
H. R. 276
To repeal section 658 of Public Law 104–208, commonly referred to as 
the Lautenberg amendment. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 8, 2003
Mr. GOODE (for himself, Mr. JONES of North Carolina, and Mr. PAUL) intro-
duced the following bill; which was referred to the Committee on the Ju-
diciary 
A BILL 
To repeal section 658 of Public Law 104–208, commonly 
referred to as the Lautenberg amendment.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘States’ Rights and Sec-
ond and Tenth Amendment Restoration Act of 2003’’. 
SEC. 2. FINDINGS AND PURPOSE. 
(a) CONGRESSIONAL FINDINGS:
(1) Domestic Violence remains a very serious 
problem in the United States. It is a dangerous
(7) Some of the strictest gun control laws are 
found in cities where the number of incidents of 
guns being used in violent crimes is the highest. 
Therefore, the Lautenberg amendment does not re-
duce incidents of domestic violence. 
(8) State and Federal judges already have the 
power to deny persons convicted of misdemeanors 
the right to possess firearms as a condition of proba-
tion or parole. 
(9) The Lautenberg amendment is an unfunded 
Federal mandate because States are liable for the 
costs of monitoring those citizens who have been 
banned for life from owning a firearm. Many times 
this lifetime ban is a result of a misdemeanor, not 
a felony. 
(10) Section 658 of the Treasury-Postal portion 
of Public Law 104–208 violates all notions of con-
stitutional due process and constitutes an ex post 
facto law because it imposes a criminal penalty on 
crimes which were not subject to that penalty at the 
time of the Act. 
(11) Law-abiding citizens use guns to defend 
themselves against criminals as many as 2.5 million 
times every year. Of these self-defense cases, as
many as 200,000 are by women defending them-
selves against sexual assault. 
(12) Section 658 of the Treasury-Postal portion 
of Public Law 104–208 will, if allowed to stand, re-
sult in the disarming of millions of citizens, includ-
ing women, on account of misdemeanor offenses 
which, in many cases, were committed long before 
the effective date of that Act. 
(13) Section 658 of the Treasury-Postal portion 
of Public Law 104–208 will, in many cases, disarm 
battered women who need access to firearms in 
order to protect themselves from their battering 
spouses as well as from common criminals. 
(14) Section 658 of the Treasury-Postal portion 
of Public Law 104–208 will, if allowed to stand, im-
pose a lifetime gun ban on persons who committed 
acts so minor that they were not even entitled to a 
jury trial prior to conviction. 
(15) Section 658 of the Treasury-Postal portion 
of Public Law 104–208, will, if allowed to stand, re-
sult in the disarming and dismissal of a significant 
number of law enforcement officers and American 
servicemen, on account of misdemeanors, which in 
many cases, were committed long before the effective 
date of that Act.
(16) Section 658 of the Treasury-Postal portion 
of Public Law 104–208 ignores the real problem 
surrounding domestic violence in that truly violent 
offenders are allowed to plea-bargain down to mis-
demeanors. 
(b) PURPOSE.—It is the purpose of this Act to re-
store States’ rights, the tenth amendment, and second 
amendment freedoms. 
SEC. 3. REPEALER. 
Section 658 of the Treasury-Postal portion of Public 
Law 104–208 is repealed and is null and void as if it had 
not been enacted, and all provisions of law amended by 
such section are restored as if section 658 had not been 
enacted. 
SEC. 4. EFFECTIVE DATE. 
This Act shall take effect as if included in the Treas-
ury-Postal portion of Public Law 104–208. Any liability, 
penalty, or forfeiture incurred by any person by reason 
of the application of any amendment made by section 658 
of the Treasury-Postal portion of Public Law 104–208 is 
hereby extinguished, and any action or prosecution for the 
enforcement of any such liability, penalty, or forfeiture 
shall not be sustained.
Æ