ALB14526 S.L.C.

AMENDMENT NO.llll Calendar No.lll

Purpose: To protect Second Amendment rights in the District
of Columbia, and for other purposes.
IN THE SENATE OF THE UNITED STATES113th Cong., 2d Sess.
S. 2363
To protect and enhance opportunities for recreational
hunting, fishing, and shooting, and for other purposes.
Referred to the Committee on llllllllll and
ordered to be printed
Ordered to lie on the table and to be printed
AMENDMENT intended to be proposed by Mr. PAUL
Viz:
At the end, add the following: 1
TITLE IIISECOND AMENDMENT 2
ENFORCEMENT ACT OF 2014 3
SEC. 301. SHORT TITLE. 4
This title may be cited as the Second Amendment 5
Enforcement Act of 2014. 6
SEC. 302. CONGRESSIONAL FINDINGS. 7
Congress finds the following: 8
(1) The Second Amendment to the United 9
States Constitution provides that the right of the 10
people to keep and bear arms shall not be infringed. 11
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(2) As the Congress and the Supreme Court of 1
the United States have recognized, the Second 2
Amendment to the United States Constitution pro- 3
tects the rights of individuals, including those who 4
are not members of a militia or engaged in military 5
service or training, to keep and bear arms. 6
(3) The law-abiding citizens of the District of 7
Columbia are deprived by local laws of handguns, ri- 8
fles, and shotguns that are commonly kept by law- 9
abiding persons throughout the United States for 10
sporting use and for lawful defense of their persons, 11
homes, businesses, and families. 12
(4) The District of Columbia has the highest 13
per capita murder rate in the Nation, which may be 14
attributed in part to local laws prohibiting posses- 15
sion of firearms by law-abiding persons who would 16
otherwise be able to defend themselves and their 17
loved ones in their own homes and businesses. 18
(5) The Federal Gun Control Act of 1968, as 19
amended by the Firearms Owners Protection Act of 20
1986, and the Brady Handgun Violence Prevention 21
Act of 1993, provide comprehensive Federal regula- 22
tions applicable in the District of Columbia as else- 23
where. In addition, existing District of Columbia 24
criminal laws punish possession and illegal use of 25
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firearms by violent criminals and felons. Con- 1
sequently, there is no need for local laws which only 2
affect and disarm law-abiding citizens. 3
(6) Officials of the District of Columbia have 4
indicated their intention to continue to unduly re- 5
strict lawful firearm possession and use by citizens 6
of the District. 7
(7) Legislation is required to correct the Dis- 8
trict of Columbias law in order to restore the funda- 9
mental rights of its citizens under the Second 10
Amendment to the United States Constitution and 11
thereby enhance public safety. 12
SEC. 303. REFORM D.C. COUNCILS AUTHORITY TO RE- 13
STRICT FIREARMS. 14
Section 4 of the Act entitled An Act to prohibit the 15
killing of wild birds and wild animals in the District of 16
Columbia, approved June 30, 1906 (34 Stat. 809; sec. 17
1303.43, D.C. Official Code) is amended by adding at 18
the end the following: Nothing in this section or any 19
other provision of law shall authorize, or shall be con- 20
strued to permit, the Council, the Mayor, or any govern- 21
mental or regulatory authority of the District of Columbia 22
to prohibit, constructively prohibit, or unduly burden the 23
ability of persons not prohibited from possessing firearms 24
under Federal law from acquiring, possessing in their 25
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homes or businesses, or using for sporting, self-protection 1
or other lawful purposes, any firearm neither prohibited 2
by Federal law nor subject to the National Firearms Act. 3
The District of Columbia shall not have authority to enact 4
laws or regulations that discourage or eliminate the pri- 5
vate ownership or use of firearms. Nothing in the previous 6
two sentences shall be construed to prohibit the District 7
of Columbia from regulating or prohibiting the carrying 8
of firearms by a person, either concealed or openly, other 9
than at the persons dwelling place, place of business, or 10
on other land possessed by the person.. 11
SEC. 304. REPEAL D.C. SEMIAUTOMATIC BAN. 12
(a) IN GENERAL.Section 101(10) of the Firearms 13
Control Regulations Act of 1975 (sec. 72501.01(10), 14
D.C. Official Code) is amended to read as follows: 15
(10) Machine gun means any firearm which 16
shoots, is designed to shoot, or may be readily re- 17
stored to shoot automatically, more than 1 shot 18
without manual reloading by a single function of the 19
trigger, and includes the frame or receiver of any 20
such weapon, any part designed and intended solely 21
and exclusively, or combination of parts designed 22
and intended, for use in converting a weapon into a 23
machine gun, and any combination of parts from 24
which a machine gun can be assembled if such parts 25
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are in the possession or under the control of a per- 1
son.. 2
(b) CONFORMING AMENDMENT TO PROVISIONS SET- 3
TING FORTH CRIMINAL PENALTIES.Section 1(c) of the 4
Act of July 8, 1932 (47 Stat. 651; sec. 224501(c), D.C. 5
Official Code) is amended to read as follows: 6
(c) Machine gun, as used in this Act, has the 7
meaning given such term in section 101(10) of the Fire- 8
arms Control Regulations Act of 1975.. 9
SEC. 305. REPEAL REGISTRATION REQUIREMENT. 10
(a) REPEAL OF REQUIREMENT. 11
(1) IN GENERAL.Section 201(a) of the Fire- 12
arms Control Regulations Act of 1975 (sec. 7 13
2502.01(a), D.C. Official Code) is amended by strik- 14
ing any firearm, unless and all that follows 15
through paragraph (3) and inserting the following: 16
any firearm described in subsection (c).. 17
(2) DESCRIPTION OF FIREARMS REMAINING IL- 18
LEGAL.Section 201 of such Act (sec. 72502.01, 19
D.C. Official Code) is amended by adding at the end 20
the following new subsection: 21
(c) A firearm described in this subsection is any of 22
the following: 23
(1) A sawed-off shotgun. 24
(2) A machine gun. 25
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(3) A short-barreled rifle.. 1
(3) CONFORMING AMENDMENT.The heading 2
of section 201 of such Act (sec. 72502.01, D.C. Of- 3
ficial Code) is amended by striking Registration re- 4
quirements and inserting Firearm Possession. 5
(b) CONFORMING AMENDMENTS TO FIREARMS CON- 6
TROL REGULATIONS ACT.The Firearms Control Regu- 7
lations Act of 1975 is amended as follows: 8
(1) Sections 202 through 211 (secs. 72502.02 9
through 72502.11, D.C. Official Code) are re- 10
pealed. 11
(2) Section 101 (sec. 72501.01, D.C. Official 12
Code) is amended by striking paragraph (13). 13
(3) Section 401 (sec. 72504.01, D.C. Official 14
Code) is amended 15
(A) in subsection (a), by striking the Dis- 16
trict; and all that follows and inserting the fol- 17
lowing: the District, except that a person may 18
engage in hand loading, reloading, or custom 19
loading of ammunition for firearms lawfully 20
possessed under this Act.; and 21
(B) in subsection (b), by striking which 22
are unregisterable under section 202 and in- 23
serting which are prohibited under section 24
201. 25
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(4) Section 402 (sec. 72504.02, D.C. Official 1
Code) is amended 2
(A) in subsection (a), by striking Any 3
person eligible to register a firearm and all 4
that follows through such business, and in- 5
serting the following: Any person not other- 6
wise prohibited from possessing or receiving a 7
firearm under Federal or District law, or from 8
being licensed under section 923 of title 18, 9
United States Code,; and 10
(B) in subsection (b), by amending para- 11
graph (1) to read as follows: 12
(1) The applicants name;. 13
(5) Section 403(b) (sec. 72504.03(b), D.C. Of- 14
ficial Code) is amended by striking registration cer- 15
tificate and inserting dealers license. 16
(6) Section 404(a)(3) (sec. 72504.04(a)(3)), 17
D.C. Official Code) is amended 18
(A) in subparagraph (B)(i), by striking 19
registration certificate number (if any) of the 20
firearm,; 21
(B) in subparagraph (B)(iv), by striking 22
holding the registration certificate and insert- 23
ing from whom it was received for repair; 24
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(C) in subparagraph (C)(i), by striking 1
and registration certificate number (if any) of 2
the firearm; 3
(D) in subparagraph (C)(ii), by striking 4
registration certificate number or; and 5
(E) by striking subparagraphs (D) and 6
(E). 7
(7) Section 406(c) (sec. 72504.06(c), D.C. Of- 8
ficial Code) is amended to read as follows: 9
(c) Within 45 days of a decision becoming effective 10
which is unfavorable to a licensee or to an applicant for 11
a dealers license, the licensee or application shall 12
(1) lawfully remove from the District all de- 13
structive devices in his inventory, or peaceably sur- 14
render to the Chief all destructive devices in his in- 15
ventory in the manner provided in section 705; and 16
(2) lawfully dispose, to himself or to another, 17
any firearms and ammunition in his inventory.. 18
(8) Section 407(b) (sec. 72504.07(b), D.C. Of- 19
ficial Code) is amended by striking would not be el- 20
igible and all that follows and inserting is prohib- 21
ited from possessing or receiving a firearm under 22
Federal or District law.. 23
(9) Section 502 (sec. 72505.02, D.C. Official 24
Code) is amended 25
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(A) by amending subsection (a) to read as 1
follows: 2
(a) Any person or organization not prohibited from 3
possessing or receiving a firearm under Federal or District 4
law may sell or otherwise transfer ammunition or any fire- 5
arm, except those which are prohibited under section 201, 6
to a licensed dealer.; 7
(B) by amending subsection (c) to read as 8
follows: 9
(c) Any licensed dealer may sell or otherwise trans- 10
fer a firearm to any person or organization not otherwise 11
prohibited from possessing or receiving such firearm under 12
Federal or District law.; 13
(C) in subsection (d), by striking para- 14
graphs (2) and (3); and 15
(D) by striking subsection (e). 16
(10) Section 704 (sec. 72507.04, D.C. Official 17
Code) is amended 18
(A) in subsection (a), by striking any reg- 19
istration certificate or and inserting a; and 20
(B) in subsection (b), by striking reg- 21
istration certificate,. 22
(c) OTHER CONFORMING AMENDMENTS.Section 23
2(4) of the Illegal Firearm Sale and Distribution Strict 24
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Liability Act of 1992 (sec. 72531.01(4), D.C. Official 1
Code) is amended 2
(1) in subparagraph (A), by striking or ignor- 3
ing proof of the purchasers residence in the District 4
of Columbia; and 5
(2) in subparagraph (B), by striking registra- 6
tion and. 7
SEC. 306. REPEAL HANDGUN AMMUNITION BAN. 8
Section 601(3) of the Firearms Control Regulations 9
Act of 1975 (sec. 72506.01(3), D.C. Official Code) is 10
amended by striking is the holder of the valid registration 11
certificate for and inserting owns. 12
SEC. 307. RESTORE RIGHT OF SELF DEFENSE IN THE 13
HOME. 14
Section 702 of the Firearms Control Regulations Act 15
of 1975 (sec. 72507.02, D.C. Official Code) is repealed. 16
SEC. 308. REMOVE CRIMINAL PENALTIES FOR POSSESSION 17
OF UNREGISTERED FIREARMS. 18
(a) IN GENERAL.Section 706 of the Firearms Con- 19
trol Regulations Act of 1975 (sec. 72507.06, D.C. Offi- 20
cial Code) is amended 21
(1) by striking that: and all that follows 22
through (1) A and inserting that a; and 23
(2) by striking paragraph (2). 24
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(b) EFFECTIVE DATE.The amendments made by 1
subsection (a) shall apply with respect to violations occur- 2
ring after the 60-day period which begins on the date of 3
the enactment of this Act. 4
SEC. 309. REMOVE CRIMINAL PENALTIES FOR CARRYING A 5
FIREARM IN ONES DWELLING OR OTHER 6
PREMISES. 7
(a) IN GENERAL.Section 4(a) of the Act of July 8
8, 1932 (47 Stat. 651; sec. 224504(a), D.C. Official 9
Code) is amended 10
(1) in the matter before paragraph (1), by 11
striking a pistol, and inserting the following: ex- 12
cept in his dwelling house or place of business or on 13
other land possessed by that person, whether loaded 14
or unloaded, a firearm,; and 15
(2) by striking except that: and all that fol- 16
lows through (2) If the violation and inserting 17
except that if the violation. 18
(b) CONFORMING AMENDMENT.Section 5 of such 19
Act (47 Stat. 651; sec. 224505, D.C. Official Code) is 20
amended 21
(1) by striking pistol each place it appears 22
and inserting firearm; and 23
(2) by striking pistols each place it appears 24
and inserting firearms. 25
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SEC. 310. AUTHORIZING PURCHASES OF FIREARMS BY DIS- 1
TRICT RESIDENTS. 2
Section 922 of title 18, United States Code, is 3
amended in paragraph (b)(3) by inserting after other 4
than a State in which the licensees place of business is 5
located the following: , or to the sale or delivery of a 6
handgun to a resident of the District of Columbia by a 7
licensee whose place of business is located in Maryland or 8
Virginia,. 9
SEC. 311. REPEALS OF DISTRICT OF COLUMBIA ACTS. 10
The Firearms Registration Amendment Act of 2008 11
and the Firearms Registration Emergency Amendment 12
Act of 2008, as passed by the District of Columbia, are 13
repealed. 14
SEC. 312. FIREARMS PERMITTED ON POSTAL PROPERTY. 15
(a) AMENDMENT.Section 930(g)(1) of title 18, 16
United States Code, is amended 17
(1) by striking the period at the end and insert- 18
ing ; and; 19
(2) by striking The term Federal facility 20
means and inserting the following: The term 21
Federal facility 22
(A) means; and 23
(3) by adding at the end the following: 24
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(B) does not include a building or part 1
thereof owned or leased by the United States 2
Postal Service.. 3
(b) CODE OF FEDERAL REGULATIONS.The Postal 4
Service shall amend section 232.1 of title 39, Code of Fed- 5
eral Regulations, to specify that an individual who is oth- 6
erwise permitted under law to carry a firearm may, in ac- 7
cordance with the law of the State in which the postal 8
property is located 9
(1) carry a firearm while on postal property, ei- 10
ther openly or concealed; and 11
(2) store a firearm on postal property. 12
SEC. 313. PROTECTING THE RIGHT OF INDIVIDUALS TO 13
BEAR ARMS ON PUBLIC LAND. 14
Section 512 of the Credit CARD Act of 2009 (16 15
U.S.C. 1a7b) is amended by striking subsection (b) and 16
inserting the following: 17
(b) PROTECTING THE RIGHT OF INDIVIDUALS TO 18
BEAR ARMS ON PUBLIC LAND. 19
(1) DEFINITIONS.In this subsection: 20
(A) AGENCY.The term agency has the 21
meaning given the term in section 551 of title 22
5, United States Code. 23
(B) PUBLIC LAND. 24
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(i) IN GENERAL.The term public 1
land means any land owned or adminis- 2
tered by the United States. 3
(ii) EXCLUSIONS.The term public 4
land does not include 5
(I) land located on the outer 6
Continental Shelf; or 7
(II) land located in 8
(aa) the Commonwealth of 9
Puerto Rico; 10
(bb) Guam; 11
(cc) American Samoa; 12
(dd) the Commonwealth of 13
the Northern Mariana Islands; 14
(ee) the Federated States 15
of Micronesia; 16
(ff) the Republic of the 17
Marshall Islands; 18
(gg) the Republic of Palau; 19
or 20
(hh) the United States Vir- 21
gin Islands. 22
(2) POSSESSION OF A FIREARM ON PUBLIC 23
LAND.The head of any agency shall not promul- 24
gate or enforce any regulation that prohibits an indi- 25
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vidual from possessing a firearm, including an as- 1
sembled or functional firearm, on public land if 2
(A) the individual is not otherwise prohib- 3
ited by law from possessing the firearm; and 4
(B) the possession of the firearm complies 5
with the law of the State in which the public 6
land is located.. 7
SEC. 314. SEVERABILITY. 8
Notwithstanding any other provision of this title, if 9
any provision of this title, or any amendment made by this 10
title, or the application of such provision or amendment 11
to any person or circumstance is held to be unconstitu- 12
tional, this title and amendments made by this title, and 13
the application of such provision or amendment to other 14
persons or circumstances shall not be affected thereby. 15