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Republicans are not restoring crap!

Discussion in 'Legal' started by LAR-15, Oct 26, 2005.

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  1. LAR-15

    LAR-15 Member

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    So they claim in this bill they are 'restoring Second Amendment rights' in DC and prohibiting the DC govt from restricting firearms YET they are still allowing the DC govt to ban NFA items?

    I hope this bill does not pass. It also still states a 'sawed off shotgun' in DC is less than 20 inches.

    Do something that will help all gun owners.
     
  2. LAR-15

    LAR-15 Member

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    District of Columbia Personal Protection Act (Introduced in Senate)

    S 1082 IS


    109th CONGRESS

    1st Session

    S. 1082
    To restore Second Amendment rights in the District of Columbia.


    IN THE SENATE OF THE UNITED STATES

    May 19, 2005
    Mrs. HUTCHISON (for herself, Mr. ALLARD, Mr. ALLEN, Mr. BAUCUS, Mr. BOND, Mr. BUNNING, Mr. BURNS, Mr. BURR, Mr. CHAMBLISS, Mr. COBURN, Mr. CORNYN, Mr. CRAIG, Mr. CRAPO, Mr. ENSIGN, Mr. ENZI, Mr. HAGEL, Mr. HATCH, Mr. INHOFE, Mr. ISAKSON, Mr. KYL, Mr. LOTT, Ms. MURKOWSKI, Mr. NELSON of Nebraska, Mr. SESSIONS, Mr. SUNUNU, Mr. TALENT, Mr. THUNE, Mr. VITTER, Mr. SHELBY, Mr. DEMINT, and Mr. THOMAS) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs


    --------------------------------------------------------------------------------


    A BILL
    To restore Second Amendment rights in the District of Columbia.


    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

    SECTION 1. SHORT TITLE.

    This Act may be cited as the `District of Columbia Personal Protection 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) The Second Amendment to the United States Constitution protects 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, rifles, 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 one of the highest per capita murder rates in the Nation, which may be attributed in part to local laws prohibiting possession of firearms by law-abiding persons who would otherwise be able to defend themselves and their loved ones in their own homes and businesses.

    (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 regulations applicable in the District of Columbia as elsewhere. In addition, existing District of Columbia criminal laws punish possession and illegal use of firearms by violent criminals and felons. Consequently, there is no need for local laws which only affect and disarm law-abiding citizens.

    (6) Legislation is required to correct the District of Columbia's law in order to restore the fundamental 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; section 1-303.43, D.C. Official Code) is amended by adding at the end the following: `Nothing in this section or any other provision of law shall authorize, or shall be construed to permit, the Council, the Mayor, or any governmental 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 private ownership or use of firearms.'.

    SEC. 4. REPEAL D.C. SEMIAUTOMATIC BAN.

    (a) In General- Section 101(10) of the Firearms Control Regulations Act of 1975 (section 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 can be readily converted or restored to shoot automatically, more than 1 shot by a single function of the trigger, and 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.'.

    (b) Conforming Amendment to Provisions Setting Forth Criminal Penalties- Section 1(c) of the Act of July 8, 1932 (47 Stat. 651; section 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 Firearms Control Regulations Act of 1975.'.

    SEC. 5. REPEAL REGISTRATION REQUIREMENT.

    (a) Repeal of Requirement-

    (1) IN GENERAL- Section 201(a) of the Firearms Control Regulations Act of 1975 (section 7-2502.01(a), D.C. Official Code) is amended by striking `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 ILLEGAL- Section 201 of such Act (section 7-2502.01, 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 (section 7--2502.01, D.C. Official Code) is amended by striking `Registration requirements' and inserting `Firearm Possession'.

    (b) Conforming Amendments to Firearms Control Regulations Act- The Firearms Control Regulations Act of 1975 is amended as follows:

    (1) Sections 202 through 211 (section 7-2502.02 through 7-2502.11, D.C. Official Code) are repealed.

    (2) Section 101 (section 7-2501.01, D.C. Official Code) is amended by striking paragraph (13).

    (3) Section 401 (section 7-2504.01, D.C. Official Code) is amended--

    (A) in subsection (a), by striking `the District;' and all that follows and inserting the following: `the District, except that a person may engage in hand loading, reloading, or custom loading of ammunition for firearms lawfully possessed under this Act.'; and

    (B) in subsection (b), by striking `which are unregisterable under section 202' and inserting `which are prohibited under section 201'.

    (4) Section 402 (section 7-2504.02, D.C. Official Code) is amended--

    (A) in subsection (a), by striking `Any person eligible to register a firearm' and all that follows through `such business,' and inserting the following: `Any person not otherwise prohibited from possessing or receiving a firearm under Federal of District law, or from being licensed under section 923 of title 18, United States Code,'; and

    (B) in subsection (b), by amending paragraph (1) to read as follows:

    `(1) The applicant's name;'.

    (5) Section 403(b) (section 7-2504.03(b), D.C. Official Code) is amended by striking `registration certificate' and inserting `dealer's license'.

    (6) Section 404(a)(3) (section 7-2504.04(a)(3)), D.C. Official Code) is amended--

    (A) in subparagraph (B)(i), by striking `registration certificate number (if any) of the firearm ,';

    (B) in subparagraph (B)(iv), by striking `holding the registration certificate' and inserting `from whom it was received for repair';

    (C) in subparagraph (C)(i), by striking `and registration certificate number (if any) of the firearm' ;

    (D) in subparagraph (C)(ii), by striking `registration certificate number or';

    (E) in subparagraph (D)(ii), by striking `or registration number'; and

    (F) in subparagraph (E), by striking clause (iii) and redesignating clauses (iv) and (v) as clauses (iii) and (iv).

    (7) Section 406(c) (section 7-2504.06(c), D.C. Official Code) is amended to read as follows:

    `(c) Within 45 days of a decision becoming effective which is unfavorable to a licensee or to an applicant for a dealer's license, the licensee or application shall--

    `(1) lawfully remove from the District all destructive devices in his inventory, or peaceably surrender to the Chief all destructive devices in his inventory in the manner provided in section 705; and

    `(2) lawfully dispose, to himself or to another, any firearms and ammunition in his inventory.'.

    (8) Section 407(b) (section 7-2504.07(b), D.C. Official Code) is amended by striking `would not be eligible' and all that follows and inserting `is prohibited from possessing or receiving a firearm under Federal or District law.'.

    (9) Section 502 (section 7-2505.02, D.C. Official Code) is amended--

    (A) by amending subsection (a) to read as follows:

    `(a) Any person or organization not prohibited from possessing or receiving a firearm under Federal or District law may sell or otherwise transfer ammunition or any firearm , except those which are prohibited under section 201, to a licensed dealer.';

    (B) by amending subsection (c) to read as follows:

    `(c) Any licensed dealer may sell or otherwise transfer a firearm to any person or organization not otherwise prohibited from possessing or receiving such firearm under Federal or District law.';

    (C) in subsection (d), by striking paragraphs (2) and (3); and

    (D) by striking subsection (e).

    (10) Section 704 (section 7-2507.04, D.C. Official Code) is amended--

    (A) in subsection (a), by striking `any registration certificate or' and inserting `a'; and

    (B) in subsection (b), by striking `registration certificate,'.

    (c) Other Conforming Amendments- Section 2(4) of the Illegal Firearm Sale and Distribution Strict Liability Act of 1992 (section 7--2531.01(2)(4), D.C. Official Code) is amended--

    (1) in subparagraph (A), by striking `or ignoring proof of the purchaser's residence in the District of Columbia'; and

    (2) in subparagraph (B), by striking `registration and'.

    SEC. 6. REPEAL HANDGUN AMMUNITION BAN.

    (a) Definition of Restricted Pistol Bullet- Section 101(13a) of the Firearms Control Regulations Act of 1975 (section 7-2501.01(13a)) is amended to read as follows:

    `(13)(A) `Restricted pistol bullet' means--

    `(i) a projectile or projectile core which may be used in a handgun and which is constructed entirely (excluding the presence of traces of other substances) from one or a combination of tungsten alloys, steel, iron, brass, bronze, beryllium copper, or depleted uranium; or

    `(ii) a full-jacketed projectile larger than .22 caliber designed and intended for use in a handgun and whose jacket has a weight of more than 25 percent of the total weight of the projectile.

    `(B) The term `restricted pistol bullet' does not include shotgun shot required by Federal or State environmental or game regulations for hunting purposes, a frangible projectile designed for target shooting, a projectile which the Attorney General of the United States (pursuant to section 921(a)(17) of title 18, United States Code) finds is primarily intended to be used for sporting purposes, or any other projectile or projectile core which the Attorney General finds is intended to be used for industrial purposes, including a charge used in an oil and gas well perforating device.'.

    (b) Repeal of Ban- Section 601 of the Firearms Control Regulations Act of 1975 (section 7-2506.01, D.C. Official Code) is amended--

    (1) by striking `ammunition' each place it appears (other than paragraph (4)) and inserting `restricted pistol bullets'; and

    (2) by striking paragraph (3) and redesignating paragraph (4) as paragraph (3).

    SEC. 7. RESTORE RIGHT OF SELF DEFENSE IN THE HOME.

    Section 702 of the Firearms Control Regulations Act of 1975 (section 7-2507.02, D.C. Official Code) is repealed.

    SEC. 8. REMOVE CRIMINAL PENALTIES FOR POSSESSION OF UNREGISTERED FIREARMS.

    (a) In General- Section 706 of the Firearms Control Regulations Act of 1975 (section 7-2507.06, D.C. Official 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 occurring 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; section 22-4504(a), D.C. Official Code) is amended--

    (1) in the matter before paragraph (1), by striking `a pistol,' and inserting the following: `except 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 follows through `(2) If the violation' and inserting `except that if the violation'.

    (b) Treatment of Certain Exceptions- Section 5(a) of such Act (47 Stat. 651; section 22-4505(a), D.C. Official Code) is amended--

    (1) by striking `pistol' each place it appears and inserting `firearm' ; and

    (2) by striking the period at the end and inserting the following: `, or to any person while carrying or transporting a firearm used in connection with an organized military activity, a target shoot, formal or informal target practice, sport shooting event, hunting, a firearms or hunter safety class, trapping, or a dog obedience training class or show, or the moving by a bona fide gun collector of part or all of the collector's gun collection from place to place for public or private exhibition while the person is engaged in, on the way to, or returning from that activity if each firearm is unloaded and carried in an enclosed case or an enclosed holster, or to any person carrying or transporting a firearm in compliance with sections 926A, 926B or 926C of title 18, United States Code.'.

    (c) Effective Date- The amendments made by this section shall apply with respect to violations occurring after the 60-day period which begins on the date of the enactment of this Act.
     
  3. R.H. Lee

    R.H. Lee Member

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  4. Headless Thompson Gunner

    Headless Thompson Gunner Member

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  5. LAR-15

    LAR-15 Member

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    Kay Bailey Hutchison is pushing this becasuse she owns a .357 revolver, wants that legal in DC but nothing more than that.

    This bill is just too screwed up.

    Instead of repealing big chunks of DC code, they merely replace it with what is already stated under Federal law.
     
  6. R.H. Lee

    R.H. Lee Member

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    Yes I do. Voting Republican for the last 37 years.
     
  7. JohnBT

    JohnBT Member

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    "Do something that will help all gun owners."

    JOIN... www.nra.org

    :cool:

    John
     
  8. rick_reno

    rick_reno member

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    I can already hear the speech Bush will give when he signs this bill "With this important piece of legislation I am restoring an important right to the citizens of the District of Columbia. Bla, bla, bla."

    The best part is people will believe him.
     
  9. LAR-15

    LAR-15 Member

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    I'm not against repealing the DC handgun ban but a better bill could be drafted.

    This bill is just for congresscritters and their cronies.
     
  10. cbsbyte

    cbsbyte Member

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    Looks like there are a lot of Democrats on this site, who once became Reagan Democrats/Republicans during the Reagan era, then back Democrats during Clinton, and then back to Republican for Bush 2000 and now when something goes wrong the claim they are Libertarians. Personaly to me, a libertarian is a moderate, who tends to side with Democrats on most social issues, and Republicans on many economic issues. Pick a side already.

    Charles
     
  11. LAR-15

    LAR-15 Member

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    Again this bill states a 'sawed off shotgun' will still be illegal and has to be over 20 inches :uhoh:

    I vote Republican
     
  12. Zundfolge

    Zundfolge Member

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    :rolleyes:

    More LP style "ALL OR NOTHING!" type thinking thats helped to marginalize the gun rights movement for the last 3 decades.


    This is a step in the right direction. No, its not where we'd like to see the end destination, but a journey of a thousand miles begins with one step (hell, thats how we got in this mess in the first place).
     
  13. auschip

    auschip Member

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    It doesn't mention anything in the portion you posted about 20 inches, additionally IIRC every state has a requirement that a shotgun have an overall minimum length of 27 inches and a barrel length not shorter then 18 inches (unless registered as an NFA). I see this is steps in the right direction. When no blood runs in the street (well no more then usual anyway), then they can go to the next portion of restoring other firearms.
     
  14. LAR-15

    LAR-15 Member

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    The defintion of sawed off shotguns in DC is less than 20 inches.

    It IS NOT less than 18 inches

    (2) DESCRIPTION OF FIREARMS REMAINING ILLEGAL- Section 201 of such Act (section 7-2502.01, 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.'.
     
  15. Headless Thompson Gunner

    Headless Thompson Gunner Member

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    Yeah, because we all know that having a Glock or a 12 guage is worthless unless you have a machine gun to back it up.

    This law ain't perfect, but it's a helluva lot better than what we have now.

    But hey, let's make sure we pound out the old tired mantras: "Republicans proposed it, so it must be evil." "It isn't absolutely perfect, so it's worthless."

    :rolleyes:

    :barf:
     
  16. jfh

    jfh Member

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    I'd be really content

    to have this incremental bill get passed AND THEN SEE THE DAMN DC MURDER RATE DROP.

    It would be the nail in the coffin of the current antigun movement. I don't care if it allows conforming short-barrel shotguns or not, or that it makes Kay Bailey Hutchinson happy, or not--just get it through.
     
  17. LAR-15

    LAR-15 Member

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    It is worthless.

    Period.

    Move out of DC if you hate the gun laws.
     
  18. torpid

    torpid Member

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    Personally to me, I did.
    It just apparently isn't on your "approved" list.

    :rolleyes:
     
  19. R.H. Lee

    R.H. Lee Member

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    Uh-huh. That's the 'rationale' I've used for years to justify voting Republican as they moved further and further left. You know, 'the lesser of two evils', 'the most important election in our lifetime', etc., et yada, et. :barf: I'm done with Republicans. You can keep sipping the koolaid however.
     
  20. auschip

    auschip Member

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    So lets scrap the whole thing because you can't have a shotgun with a barrel 2 inches shorter? Never mind the fact that people can now own pistols in DC. [sarcasm]BRILLIANT!!![/sarcasm]
     
  21. Zundfolge

    Zundfolge Member

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    Yeah, because if you'd have been voting for Democrats we'd live in an America where you could buy suppressed machine guns through mail order catalogs and CCW on cross country flights without a permit :rolleyes:
     
  22. R.H. Lee

    R.H. Lee Member

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    Or, we might have had the biggest, most intrusive government in the country's history.

    Wait a minute. We do, but it's under Republican control of both Houses of Congress and the Whitehouse. Republicans serve individual liberty better when they're out of power, by blocking Democrat legislation.
     
    Last edited: Oct 26, 2005
  23. LAR-15

    LAR-15 Member

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    I am reading it right though and see it saying silencers and AOWs are legal in DC if this is passed?

    Nevermind silencers are illegal even for the police. But AOWs seem kosher

    :confused:
     
  24. LAR-15

    LAR-15 Member

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    Oh and why not make DC shall issue CCW while we are at it? Huh? You know the polticos like Feinstein will get permits but little people won't

    :cuss:

    DC's carry statute:

    The Chief of Police of the District of Columbia may, upon the application of any person having a bona fide residence or place of business within the District of Columbia or of any person having a bona fide residence or place of business within the United States and a license to carry a pistol concealed upon his or her person issued by the lawful authorities of any State or subdivision of the United States, issue a license to such person to carry a pistol within the District of Columbia for not more than 1 year from date of issue, if it appears that the applicant has good reason to fear injury to his or her person or property or has any other proper reason for carrying a pistol and that he or she is a suitable person to be so licensed. The license shall be in duplicate, in form to be prescribed by the Mayor of the District of Columbia and shall bear the name, address, description, photograph, and signature of the licensee and the reason given for desiring a license. The original thereof shall be delivered to the licensee, and the duplicate shall be retained by the Chief of Police of the District of Columbia and preserved in his or her office for 6 years.
     
  25. willp58

    willp58 Member

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    Maybe the thing to do is vote Democrat if you think Bush and the repubs aren't doing a good job protecting your gun rights.
    Get back to a klintoon/reno/shummer mentality if you think it will be better for us.

    Hay-s00se...think this through people..

    The war STINKS...However -Gun grabbing is almost nil.
     
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