Monday, July 14, 2008

Post-Heller Congressional Action On "Second Amendment Enforcement Act"

Friday, July 11, 2008

As mentioned in last week's edition of our Grassroots Alert, following the Supreme Court's favorable Heller decision, city officials in Washington, D.C. have been planning to obstruct D.C. citizens from exercising their right to keep and bear arms, despite the Supreme Court's clear statements. And some in Congress are planning to do something about it.

On Thursday, Representative Mark Souder (R-Ind.) introduced H. Res. 1331, a rule to govern House consideration of a modified version of H.R. 1399--the "District of Columbia Personal Protection Act."

H.R. 1399 was introduced in March of 2007 and has 247 cosponsors. (For more information on H.R. 1399 and on its Senate companion bill, S. 1001 by Sen. Kay Bailey Hutchison (R-Texas), please go to This rule (H. Res. 1331) would force House consideration of H.R. 1399 if activated by a discharge petition, which will require 218 congressional signatures. It would provide for speedy consideration of legislation to enforce the Supreme Court's decision in District of Columbia v. Heller by repealing the provisions of the D.C. Code that were at issue in that case, and by preventing the District from enacting new and burdensome restrictions on its residents' Right to Keep and Bear Arms.

Among other things, H. Res. 1331 includes provisions that would repeal D.C.'s ban on many semi-automatic firearms, and repeal the District's firearm registration system, as in H.R. 1399. It would also reduce the District's burdensome restrictions on ammunition, and repeal the District's unique law that allows manufacturers of certain types of guns to "be held strictly liable in tort, without regard to fault or proof of defect," for injuries caused with those guns. D.C. has used this law to bring suits against the firearms industry, but those suits have now been blocked by the "Protection of Lawful Commerce in Arms Act."

NRA-ILA is fully committed to restoring the Second Amendment rights of law-abiding residents of Washington, D.C., and will fight this critically important battle until victory is in hand.
We will be sure to keep you informed of new developments as we move forward. In the meantime, please be sure to contact your U.S. Representative at (202) 225-3121, and urge him or her to press Congressional leadership to bring H.R. 1399 to the House floor.



Anonymous said...

Enforcing it in D.C. Great, excellent. I'm thrilled to see Congress actually getting off its collective duff.

How about the rest of the country? Any movement on incorporation?

FWB said...

So why is it that the Constitution grants/requires Congress to exercise exclusive legislation in the District yet the law in Heller and these retalitory laws are from the Council? It is a breach of trust for Congress to allow anyone else to exercise any power delegated by the Constitution. And exercise by any governing body other than Congress is not "exclusive".

Kevin said...

Congress passed a Home Rule Act devolving some of its powers to D.C.

This has had the unintended consequence of demonstrating why D.C. should not become a state.

FWB said...

Congress cannot constitutionally pass a "home rule act". The Constitution specifically and explicitly states that Congress shall exercise EXCLUSIVE legislation in the district. This power to exercise exclusive legislation is to legislate exclusively of ALL other governmental agencies wihtin the area. Please elucidate as to which of the other 24 or so powers delegated authorizes Congress to commit a breach of trust and transfer a delegation of authority, especially when then Constitution explicitly makes the delegation "exclusive".