To require the District of Columbia to revise its laws regarding the use and possession of firearms as necessary to comply with the requirements of the decision of the Supreme Court in the case of District of Columbia v. Heller, in a manner that protects the security interests of the Federal government and the people who work in, reside in, or visit the District of Columbia and does not undermine the efforts of law enforcement, homeland security, and military officials to protect the Nation's capital from crime and terrorism.
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.
Makes conforming amendments to the District of Columbia Code.
(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 District resident if such licensee's place of business is located in Maryland or Virginia.
Motion to reconsider laid on the table Agreed to without objection.
Considered under the provisions of rule H. Res. 1434. (consideration: CR H8257-8270)
Rule provides for consideration of H.R. 6842 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. A specified amendment is in order. All points of order against consideration of the bill are waived except those arising under clause 9 or 10 of rule XXI. The amendment recommended by the Committee on Oversight and Government Reform now printed in the bill shall be considered as adopted in the House and in the Committee of the Whole.
House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 1434 and Rule XVIII.
The Speaker designated the Honorable Charles A. Wilson to act as Chairman of the Committee.
GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 6842.
DEBATE - Pursuant to the provisions of H. Res. 1434, the Committee of the Whole proceeded with one hour of debate on the Childers amendment in the nature of a substitute.
POSTPONED PROCEEDINGS - At the conclusion of debate on the Childers amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Childers demanded a recorded vote and pursuant to the rule, the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced. (consideration: CR 9/16/2008 H8270-8272)
Mr. Davis (IL) moved that the Committee rise.
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On motion that the Committee rise Agreed to by voice vote.
Committee of the Whole House on the state of the Union rises leaving H.R. 6842 as unfinished business.
Considered as unfinished business. (consideration: CR H8282-8286)
The House resolved into Committee of the Whole House on the state of the Union for further consideration.
The House rose from the Committee of the Whole House on the state of the Union to report H.R. 6842.
The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union.
Passed/agreed to in House: On passage Passed by recorded vote: 266 - 152, 1 Present (Roll no. 601).
Roll Call #601 (House)On passage Passed by recorded vote: 266 - 152, 1 Present (Roll no. 601).
Roll Call #601 (House)Motion to reconsider laid on the table Agreed to without objection.
The title of the measure was amended. Agreed to without objection.
Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 1117 under authority of the order of the Senate of 11/17/2008.