Traveler’s Gun Rights Act

Traveler's Gun Rights Act

This bill broadens the scope of allowable firearms transactions involving active duty service members and their spouses and individuals who do not have a residence in any state.

Currently, federal firearms laws generally prohibit a federal firearms licensee (e.g., a gun dealer) from sell or delivering a firearm to an individual whose state of residence is different than the state where the licensee's place of business is located.

This bill defines the term state of residence as the state in which an individual is present with an intention of making a home.

In the case of an individual who does not have a physical residence in any state, then the term state of residence means the address of the individual's private mailbox or post office box.

In the case of a member of the Armed Forces on active duty, or his or her spouse, the term state of residence means (1) the state in which the member's permanent duty station is located, and (2) the state where the member maintains a place of abode from which he or she commutes to the permanent duty station.

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1508 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 1508

To amend chapter 44 of title 18, United States Code, to define ``State 
        of residence'' and ``resident'', and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 9, 2023

 Mr. Johnson of South Dakota (for himself, Mr. McClintock, Mr. Gosar, 
   Mr. LaTurner, Mr. Crenshaw, Mr. Perry, Mr. Duncan, Mr. Bacon, Mr. 
  LaMalfa, and Mr. Stewart) 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 define ``State 
        of residence'' and ``resident'', and for other purposes.

    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 ``Traveler's Gun Rights Act''.

SEC. 2. STATE OF RESIDENCE.

    (a) Definitions.--Section 921 of title 18, United States Code, is 
amended--
            (1) in subsection (a)--
                    (A) by striking ``(a)'' before ``As used''; and
                    (B) by adding at the end the following:
            ``(38)(A) The term `State of residence' means--
                    ``(i) the State in which an individual resides;
                    ``(ii) in the case of an individual, or spouse of 
                an individual, who is an active duty member of the 
                Armed Forces--
                            ``(I) the State in which the permanent duty 
                        station of the member is located; and
                            ``(II) 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; or
                    ``(iii) in the case of an individual who does not 
                have a physical residence in any State, the State in 
                which an individual maintains a private mailbox or post 
                office box.
            ``(B) For purposes of subparagraph (A)(i)--
                    ``(i) an individual resides in a State if the 
                individual is present in the State with the intention 
                of making a home in that State; and
                    ``(ii) an individual who maintains a home in more 
                than 1 State is a resident of each such State during 
                the time when the individual is present in that State.
            ``(39) The term `resident', with respect to a State, means 
        an individual who satisfies clause (i), (ii), or (iii) of 
        paragraph (38)(A) with respect to that State.''; and
            (2) by striking subsection (b).
    (b) National Instant Criminal Background Check System.--Section 
922(t)(1)(D) of title 18, United States Code, is amended by striking 
``transferee containing a photograph of the transferee.'' and inserting 
the following: ``transferee--
                    ``(i) containing a photograph of the transferee; 
                and
                    ``(ii) containing--
                            ``(I) the address of the residence of the 
                        transferee; or
                            ``(II) the address for a private mailbox or 
                        post office box maintained by the transferee, 
                        if the transferee does not have a physical 
                        residence in any State.''.
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