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S. 162 (115th): Second Amendment Enforcement Act of 2017

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The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress, and was published on Jan 17, 2017.

Second Amendment Enforcement Act of 2017

This bill declares that a Washington, DC statute that prohibits the killing of wild birds and wild animals in DC does not authorize the DC Council, Mayor, or any DC governmental or regulatory authority to prohibit or unduly burden the ability of persons otherwise not prohibited from possessing firearms under federal law from acquiring or using for lawful purposes any firearm neither prohibited by federal law nor subject to the National Firearms Act. DC is denied authority to enact laws or regulations that discourage or eliminate the private ownership or use of firearms for legitimate purposes.

The bill: (1) amends the Firearms Control Regulations Act of 1975 (FCRA) to repeal DC's registration requirement for possession of firearms, and (2) maintains the current ban on the possession and control of a sawed-off shotgun, machine gun, or short-barreled rifle.

This bill prohibits dealing, importing, or manufacturing firearms without complying with federal law requirements.

In the case of a sale or transfer of a handgun to a DC resident, a federally licensed importer, manufacturer, or dealer of firearms in Maryland or Virginia shall be treated as a dealer licensed in DC if certain requirements are met.

The bill prohibits selling, transferring or otherwise disposing of any firearm or ammunition to any person if the sellers or transferors know that such person is prohibited by federal law from possessing or receiving it.

Individuals prohibited from possessing a firearm by federal law are barred from possessing a firearm in DC.

The bill repeals specified DC policies and requirements regarding the keeping or storing of firearms and eliminates criminal penalties for possession of unregistered firearms.

The bill amends the District of Columbia Code to: (1) allow DC property owners to prohibit or restrict the possession of firearms on their property, (2) authorize certain individuals to carry firearms in certain places and for certain purposes, (3) prescribe requirements for lawful transportation of firearms, and (4) prohibit the use of toy and antique pistols to commit a violent or dangerous crime.

DC is authorized to prohibit or restrict the possession of firearms, except to certain lessees, within any building or structure under its control that has implemented security measures to identify and exclude unauthorized or hazardous persons or articles.

The DC Chief of Police shall issue a five-year license to carry a concealed pistol to any qualified individual who completes the application process.

The bill: (1) repeals FCRA requirements that a gun offender register and verify certain identifiable information with the Chief; and (2) repeals specified DC statutes in order to conform with this bill and restores any provision of law amended or repealed by such statutes as if they had not been enacted into law.