Protect Our Military Families’ 2nd Amendment Rights Act

Protect Our Military Families' 2nd Amendment Rights Act

This bill broadens the scope of allowable firearm transactions involving active duty service members and their spouses.

Specifically, the bill allows a licensed gun dealer, importer, or manufacturer to sell or ship a firearm or ammunition to the spouse of a member of the Armed Forces on active duty outside the United States. (Current law already allows a licensed dealer, importer, or manufacturer to sell or ship a firearm or ammunition to a member of the Armed Forces on active duty outside the United States.)

The bill also specifies that, for purposes of federal firearms laws, a member of the Armed Forces on active duty, or his or her spouse, is a resident of the state in which (1) the member or spouse maintains legal residence, (2) the permanent duty station of the member is located, and (3) the member maintains a home from which he or she commutes to the permanent duty station.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3493 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 3493

To amend title 18, United States Code, to provide that a member of the 
 Armed Forces and the spouse of that member shall have the same rights 
 regarding the receipt of firearms at the location of any duty station 
                             of the member.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 12, 2020

 Mr. Rounds (for himself, Mrs. Loeffler, Mr. Graham, Mr. Tillis, Mrs. 
Hyde-Smith, Mr. Cruz, Mr. Crapo, Mr. Braun, Mrs. Capito, Mr. Rubio, Mr. 
 Risch, Mr. Lankford, Mr. Inhofe, Mr. Cramer, Mr. Enzi, Mr. Thune, Ms. 
 Ernst, and Mr. Cotton) introduced the following bill; which was read 
          twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend title 18, United States Code, to provide that a member of the 
 Armed Forces and the spouse of that member shall have the same rights 
 regarding the receipt of firearms at the location of any duty station 
                             of the member.

    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 ``Protect Our Military Families' 2nd 
Amendment Rights Act''.

SEC. 2. RECEIPT OF FIREARM OR AMMUNITION BY SPOUSE OF MEMBER OF THE 
              ARMED FORCES AT A DUTY STATION OF THE MEMBER OUTSIDE THE 
              UNITED STATES.

    Section 925(a)(3) of title 18, United States Code, is amended--
            (1) by inserting ``or to the spouse of such a member'' 
        before ``or to'';
            (2) by striking ``members,'' and inserting ``members and 
        spouses,'';
            (3) by striking ``members or'' and inserting ``members, 
        spouses, or''; and
            (4) by striking ``member or'' and inserting ``member, 
        spouse, or''.

SEC. 3. RESIDENCY OF SPOUSES OF MEMBERS OF THE ARMED FORCES TO BE 
              DETERMINED ON THE SAME BASIS AS THE RESIDENCY OF SUCH 
              MEMBERS FOR PURPOSES OF FEDERAL FIREARMS LAWS.

    Section 921 of title 18, United States Code, is amended by striking 
subsection (b) and inserting the following:
    ``(b) For purposes of this chapter, a member of the Armed Forces on 
active duty, or a spouse of such a member, is a resident of--
            ``(1) the State in which the member or spouse maintains 
        legal residence;
            ``(2) the State in which the permanent duty station of the 
        member is located; and
            ``(3) the State in which the member maintains a place of 
        abode from which the member commutes each day to the permanent 
        duty station of the member.''.

SEC. 4. EFFECTIVE DATE.

    The amendments made by this Act shall apply to conduct that occurs 
180 days after the date of enactment of this Act.
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