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]
[H.R. 5875 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 5875

To amend chapter 44 of 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 HOUSE OF REPRESENTATIVES

                           February 12, 2020

Mr. Murphy of North Carolina (for himself and Mr. Young) introduced the 
  following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend chapter 44 of 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(b) of title 18, United States Code, is amended to read 
as follows:
    ``(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 engaged in 
after the 6-month period that begins with the date of the enactment of 
this Act.
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