H R 6842 in Congressional Session 110

Bill Number : H R 6842

Title : To restore Second Amendment rights in the District of Columbia.

SUMMARY AS OF:
9/17/2008--Passed House amended.    (There are 2 other summaries) Second Amendment Enforcement Act -

(Sec. 3)

Amends specified law prohibiting the killing of wild birds and wild animals in the District of Columbia to declare that nothing in it or any other provision of law shall authorize or be construed to permit the Council, the Mayor, or any governmental or regulatory authority of the District to prohibit, constructively prohibit, or unduly burden the ability of persons otherwise 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. Denies the District any authority to enact laws or regulations that discourage or eliminate the private ownership or use of firearms. Declares that nothing in such prohibitions shall be construed to prohibit the District 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)

Amends the Firearms Control Regulations Act of 1975 (FCRA) to repeal the definition of a machine gun as any firearm which shoots, is designed to shoot, or can be readily converted or restored to shoot semiautomatically, more than 12 shots without manual reloading. (Thus repeals the ban on semiautomatic weapons.) Redefines "machine gun" as any firearm which shoots, is designed to shoot, or is readily restored to shoot automatically, more than one shot without manual reloading by a single function of the trigger. Includes the frame or receiver of any such weapon, any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a weapon 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)

Amends FCRA to repeal the District's: (1) registration requirement for possession of firearms; and (2) requirement that licensed firearms dealers keep records of ammunition received into inventory and ammunition sold or transferred. Maintains the current ban on the possession and control of a sawed-off shotgun, machine gun, or short-barreled rifle.

(Sec. 6)

Allows any individual to possess ammunition in the District if the individual owns (currently, holds the valid registration certificate for) a firearm of the same gauge or caliber as such ammunition. (In effect, repeals the handgun ammunition ban.)

(Sec. 7)

Repeals the requirement that firearms in the possession of individuals (other than law enforcement personnel) must be kept unloaded, disassembled, or with the trigger locked, unless the firearm is kept at an individual's place of business, or while being used for lawful recreational purposes within the District of Columbia.

(Sec. 8)

Amends FCRA to eliminate criminal penalties for possessing an unregistered firearm.

(Sec. 9)

Amends federal law to eliminate criminal penalties for carrying a firearm whether loaded or unloaded in one's dwelling house, place of business, or on land possessed by such person. Amends the District of Columbia Code to extend to firearms generally (currently, only to pistols) the prohibition against carrying such a weapon either openly or concealed within the District without a license issued pursuant to D.C. law.

(Sec. 10)

Amends the federal criminal code to make it lawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver a handgun to a licensed District resident whose place of business is located in Maryland or Virginia.

Rep Waxman, Henry A. [CA-30] - 9/9/2008