HR 496 – Typical Overreaction To Tucson

HR 496 is Rep. Peter King’s bill that would create a gun-free zone around “senior Federal officials” who are conducting official business. That zone is 1,000 feet from the building in which they are, will be within 30 minutes, or left within the last 30 minutes.

Reading the details of the bill, it would seem that if I were driving down Interstate 240 in downtown Asheville and Rep. Heath Shuler was in his Asheville district office, I would be guilty of violating the law if I had a loaded firearm in the car unless I had Shuler’s permission.

Republicans like Peter King who are impressed with their own importance are the reason the GOP lost its majority in 2006. I find it interesting that none of his co-sponsors are Republicans. It seems some people – but not Mr. King – have a clue.

IN THE HOUSE OF REPRESENTATIVES

January 26, 2011
Mr. KING of New York (for himself, Mr. BISHOP of New York, Mr. ENGEL, Mr. RANGEL, and Ms. CHU) introduced the following bill; which was referred to the Committee on the Judiciary

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A BILL
To amend title 18, United States Code, to prohibit the carrying of a firearm near a place where a senior Federal official is holding an official public event or carrying out an official or representational duty, or where any person is campaigning for Federal elective office.

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 `Securing Citizens’ Protection at Federal Events Act’.

SEC. 2. PROHIBITION ON CARRYING FIREARM NEAR A PLACE WHERE A SENIOR FEDERAL OFFICIAL IS HOLDING AN OFFICIAL PUBLIC EVENT OR CARRYING OUT AN OFFICIAL OR REPRESENTATIONAL DUTY, OR WHERE ANY PERSON IS CAMPAIGNING FOR FEDERAL ELECTIVE OFFICE.

(a) Prohibition- Section 922 of title 18, United States Code, is amended by adding at the end the following:

`(aa)(1) Except as provided in paragraph (2), it shall be unlawful for any person, in or affecting interstate or foreign commerce, to knowingly carry a firearm at a place which the person knows is a restricted firearms zone.

`(2) In a prosecution for an alleged violation of paragraph (1), it shall be an affirmative defense, which may be established by a preponderance of the evidence, that, at the time of the alleged violation–

`(A) the person was a law enforcement officer (whether on- or off-duty) authorized to carry a firearm in the line of duty; or

`(B) the person was carrying the firearm pursuant to the permission of a law enforcement officer;

`(C) the person was a designated Federal protectee;

`(D) the person had the permission of a designated Federal protectee in the restricted firearms zone to carry a firearm in the zone while the place that constitutes the zone is treated as such for purposes of this subsection;

`(E) the person was carrying the firearm only on the premises of a business in which the person is employed and authorized by the employer to carry the firearm;

`(F) the person was carrying the firearm only on real property owned or rented by the person;

`(G) the person was a qualified retired law enforcement officer (as defined in section 926C(c)) carrying the identification required by section 926C(d)); or

`(H)(i) the firearm possessed by the person was unloaded, and was in a locked container or otherwise not readily accessible for use; and

`(ii) any ammunition possessed by the person for the firearm was in a locked container separate from the firearm.

`(3) Violations of this subsection shall be investigated by the Federal Bureau of Investigation. Assistance may be requested from any Federal, State, or local agency, any statute, rule, or regulation to the contrary (other than section 374 or 375 of title 10, or section 1385 of this title) notwithstanding.’.

(b) Definitions- Section 921(a) of such title is amended by adding at the end the following:

`(36)(A) The term `restricted firearms zone’ means within 1,000 feet of the exterior of any building or structure in which, or at any other fixed place where–

`(i) a senior Federal official is, within 30 minutes will be, or within the past 30 minutes was–

`(I) holding an official event that is open to the public; or

`(II) carrying out an official or representational duty; or

`(ii) a designated Federal protectee is, within 30 minutes will be, or within the past 30 minutes was engaging in campaign activity as a candidate for election for Federal office for purposes of the Federal Election Campaign Act of 1971.

`(B) In subparagraph (A), the term `designated Federal protectee’ means a senior Federal official, or an individual who is a candidate for election for Federal office for purposes of the Federal Election Campaign Act of 1971.

`(C) In this paragraph, the term `senior Federal official’ means an individual who is the President of the United States, the President-elect, the Vice President, or, if there is no Vice President, the officer next in the order of succession to the Office of the President of the United States, the Vice President-elect, any person who is acting as President under the Constitution and laws of the United States, a Member of Congress, a Member-of-Congress-elect, a member of the executive branch of the Government who is the head of a department listed in section 101 of title 5, the Director of Central Intelligence, a judge or justice of the Supreme Court or of any court created by Act of Congress (other than a magistrate judge appointed under section 631 of title 28, United States Code), an individual nominated for any of the foregoing positions, during the pendency of the nomination.

`(D) In subparagraph (C), the terms `President-elect’ and `Vice-President-elect’ mean such persons as are the apparent successful candidates for the offices of President and Vice President, respectively, as ascertained from the results of the general elections held to determine the electors of President and Vice President in accordance with sections 1 and 2 of title 3.’.

(c) Penalties- Section 924(a) of such title is amended by adding at the end the following:

`(8) Whoever knowingly violates section 922(aa) shall be fined under this title, imprisoned not more than 10 years, or both.’.