What This Bill Does
This bill aims to protect Second Amendment rights across the United States. The bill prevents federal, state and local governments from enforcing firearm laws that do not match the country's historical tradition of firearm regulation. It allows people who believe their gun rights have been violated to sue in federal court.
Who It Affects
People who own, want to own or use firearms. Membership organizations that represent gun owners. The U.S. Attorney General. Federal, state and local government officials who enforce gun laws. States and localities with gun control laws.
Key Provisions
- No government official can enforce or implement any federal, state or local law that regulates the right to manufacture, acquire, possess, own, carry, transport, ship or use a privately owned firearm or ammunition unless that law matches the United States' historical tradition of firearm regulation. (Sec. 3(b))
- The U.S. Attorney General can file a lawsuit in federal court against anyone who violates the prohibition on enforcing laws that restrict Second Amendment rights. (Sec. 3(c)(1))
- Any person harmed by a violation of this bill or any membership organization representing that person can file a lawsuit in federal court against the person who committed the violation. (Sec. 3(c)(2)(A))
- A court must award costs and reasonable attorney fees to any plaintiff who wins a case, including if the case is resolved by negotiated settlement or if the offending law is repealed or amended. (Sec. 3(c)(2)(B))
- The bill defines "firearm" to include antique firearms, assembled or unassembled firearms and any part of a firearm including magazines and ammunition feeding devices. (Sec. 3(a))
What Changes
Federal section 927 of title 18 of the United States Code is removed. (Sec. 4)
Important Definitions
"Firearm" includes the standard legal definition from federal law, antique firearms, assembled or unassembled firearms and any firearm part including magazines or ammunition feeding devices. (Sec. 3(a))
Effective Date
Not specified in bill text
II
118TH CONGRESS
1ST SESSION
S. 840
To protect the rights of the people of the United States under the Second
Amendment to the Constitution of the United States.
IN THE SENATE OF THE UNITED STATES
MARCH 16, 2023
Mr. GRAHAM (for himself, Mr. GRASSLEY, Mr. CORNYN, Mr. LEE, Mr. CRUZ,
Mr. HAWLEY, Mr. COTTON, Mr. KENNEDY, Mr. TILLIS, and Mrs.
BLACKBURN) introduced the following bill; which was read twice and re-
ferred to the Committee on the Judiciary
A BILL
To protect the rights of the people of the United States
under the Second Amendment to the Constitution of
the United States.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Respect for the Second
4
Amendment Act’’.
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SEC. 2. FINDINGS.
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Congress finds the following:
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(1) The Second Amendment to the Constitution
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of the United States protects the individual right to
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keep and bear arms independent of service in an or-
1
ganized militia.
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(2) The Supreme Court of the United States
3
held in District of Columbia v. Heller, 554 U.S. 570,
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595 (2008) that ‘‘[t]here seems to us no doubt, on
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the basis of both text and history, that the Second
6
Amendment conferred an individual right to keep
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and bear arms.’’.
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(3) The Supreme Court further held in New
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York State Rifle & Pistol Association v. Bruen, 142
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S. Ct. 2111, 2126 (2022) that the Second Amend-
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ment requires the government to demonstrate that a
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law regulating firearms ‘‘is consistent with this Na-
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tion’s historical tradition of firearm regulation’’.
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(4) The right to keep and bear arms is a funda-
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mental individual right guaranteed by the Constitu-
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tion and a cornerstone of the liberties that every
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United States citizen enjoys.
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(5) The Fourteenth Amendment to the Con-
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stitution grants Congress the authority to enforce,
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by appropriate legislation, that Amendment’s com-
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mand that ‘‘[n]o State shall make or enforce any
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law which shall abridge the privileges or immunities
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of citizens of the United States’’.
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(6) Certain States have enacted or are seeking
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to enact gun control laws that are inconsistent with
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the United States’ historical tradition of firearm reg-
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ulation, including bans on the carrying of firearms
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by residents of other States and bans on large cat-
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egories of firearms that are in common use for law-
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ful purposes.
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(7) It is therefore necessary for Congress to ex-
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ercise its authority under the Fourteenth Amend-
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ment to ensure that the Second Amendment rights
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of all people of the United States are protected from
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infringement by the States.
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(8) Congress has also exercised authority under
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the Taxing Clause and Commerce Clause of section
14
8 of article I of the Constitution to regulate the
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interstate market in firearms and ammunition.
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SEC. 3. LIMITATIONS ON REGULATION OF FIREARMS.
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(a) DEFINITION OF ‘‘FIREARM’’.—In this section, the
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term ‘‘firearm’’—
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(1) has the meaning given the term in section
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921 of title 18, United States Code; and
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(2) includes—
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(A) an antique firearm, as defined in sec-
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tion 921 of title 18, United States Code (not-
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withstanding paragraph (1) of this subsection);
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(B) an assembled or unassembled firearm;
1
and
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(C) any part of a firearm, including any
3
integrated or detachable magazine or ammuni-
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tion feeding device.
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(b) NO ENFORCEMENT
OR IMPLEMENTATION
OF
6
LAWS IN VIOLATION OF SECOND AMENDMENT RIGHTS.—
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No person acting under color of any statute, ordinance,
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regulation, custom, or usage of the Federal Government,
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of any State or territory, of any locality, or of the District
10
of Columbia may enforce or implement any Federal, State,
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or local law, rule, ordinance, or regulation that prohibits,
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limits, places requirements or conditions upon, or other-
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wise regulates the right of an individual to lawfully manu-
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facture for personal use, acquire, possess, own, carry,
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transport, ship, or use a privately owned firearm or pri-
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vately owned ammunition unless the law, rule, ordinance,
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or regulation is consistent with the United States’ histor-
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ical tradition of firearm regulation.
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(c) ENFORCEMENT.—
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(1) PUBLIC RIGHT OF ACTION.—The Attorney
21
General may bring a civil action for declaratory or
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injunctive relief in an appropriate district court of
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the United States against any person who violates
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subsection (b).
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(2) PRIVATE RIGHT OF ACTION.—
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(A) IN
GENERAL.—Any person who is
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harmed by a violation of subsection (b), or any
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membership organization that represents such a
4
person, may bring a civil action for declaratory
5
or injunctive relief in an appropriate district
6
court of the United States against the person
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who committed the violation.
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(B) COSTS
AND
FEES.—The court shall
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award costs and reasonable attorney fees to any
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plaintiff who prevails in an action brought
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under subparagraph (A), including if the action
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is resolved by a negotiated settlement or mooted
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by repeal or amendment of the offending law,
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rule, regulation, prohibition, policy, or practice.
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(d) RULE OF CONSTRUCTION.—Nothing in this sec-
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tion shall be construed to—
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(1) preempt any provision of State law that
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provides greater protections to the individual right
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to keep and bear arms than those provided under
20
this section; or
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(2) limit any other remedy available under the
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laws of a State or the United States for infringe-
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ment of the right to lawfully manufacture for per-
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sonal use, acquire, possess, own, carry, transport,
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ship, or use a privately owned firearm or privately
1
owned ammunition.
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SEC. 4. REPEALER.
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Chapter 44 of title 18, United States Code, is amend-
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ed—
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(1) by striking section 927; and
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(2) in the table of sections, by striking the item
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relating to section 927.
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Æ
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