Firearms Infringement Repeal Act

To retroactively repeal certain unconstitutional legislation concerning firearms.

Mr.ROLAND of Texas introduced the following bill; which was referred to the Judiciary Committee.

A BILL

To retroactively repeal certain unconstitutional legislation concerning firearms.

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 'Firearms Infringement Repeal Act of 2010'.

SEC. 2. FINDINGS.

The Congress finds that certain legislation concerning firearms, including the National Firearms Act of 1934, the Gun Control Act of 1968, the Brady Act, and various amendments and additions to those acts, to be and to have been unconstitutional, from inception.

SEC. 3. REPEALS.

The following statutes or amendments are hereby repealed retroactively to their respective dates of enactment:

(1) National Firearms Act as amended, and as encoded in 26 USC § 5841-5845, 5861 and elsewhere.

(2) All statutory provisions encoded in 18 USC § 922-924, 926, 926A, 926B, 926C, 929, and 931.

(3) All statutory provisions encoded in 18 USC § 842(p).

SEC. 4. REMEDIATION.

(a) CONVICTIONS TO BE SET ASIDE — Any person convicted under any of the above repealed provisions shall be entitled to have his or her convictions set aside, including any continuing disabilities removed, except as provided below in Sec. 5, upon application therefor to any U.S. Court of competent jurisdiction.

(b) COMPENSATION FOR WRONGFUL CONVICTION — Any person convicted under any of the above repealed provisions shall be entitled to receive compensation at established rates for wrongful conviction, including any attorney fees and court costs.

SEC. 5. EXCEPTION FOR DISABILITY REMOVAL.

Removal of a disability to keep and bear arms is not required under this Act if any of the following conditions have been met:

(a) The disability was imposed by a court of competent jurisdiction for actions committed on a territory for which Congress has exclusive legislative jurisdiction; and either

(1) It was imposed as part of the sentencing order upon conviction of the defendant for an act committed on that territory and as prescribed in the statute under which he or she was convicted; or

(2) It was imposed upon unanimous verdict of a jury of twelve on proof beyond a reasonable doubt that the defendant poses a clear and present danger to himself or others if the right is not disabled.

END.