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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 STATES—113th 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 III—SECOND 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 Columbia’s 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. COUNCIL’S 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

1–303.43, 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 person’s 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. 7–2501.01(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. 22–4501(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. 7–2502.01, 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. 7–2502.01, 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. 7–2502.02 9

through 7–2502.11, D.C. Official Code) are re-10

pealed. 11

(2) Section 101 (sec. 7–2501.01, D.C. Official 12

Code) is amended by striking paragraph (13). 13


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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(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 applicant’s name;’’. 13

(5) Section 403(b) (sec. 7–2504.03(b), D.C. Of-14

ficial Code) is amended by striking ‘‘registration cer-15

tificate’’ and inserting ‘‘dealer’s license’’. 16

(6) Section 404(a)(3) (sec. 7–2504.04(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. 7–2504.06(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 dealer’s 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. 7–2504.07(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



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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



(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. 7–2531.01(4), D.C. Official 1


(1) in subparagraph (A), by striking ‘‘or ignor-3

ing proof of the purchaser’s 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. 7–2506.01(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. 7–2507.02, 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. 7–2507.06, 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 ONE’S DWELLING OR OTHER 6

PREMISES. 7

(a) IN GENERAL.—Section 4(a) of the Act of July 8

8, 1932 (47 Stat. 651; sec. 22–4504(a), D.C. Official 9


(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. 22–4505, 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 licensee’s 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. 1a–7b) 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

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