I 117TH CONGRESS 1ST SESSION H. R. 1691 To direct the Secretary of Homeland Security to issue guidance to identify firearms business operations of licensed manufacturers and licensed deal- ers as essential businesses during certain national emergencies, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MARCH 9, 2021 Mr. HIGGINS of Louisiana introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Transportation and Infrastructure, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consider- ation of such provisions as fall within the jurisdiction of the committee concerned A BILL To direct the Secretary of Homeland Security to issue guid- ance to identify firearms business operations of licensed manufacturers and licensed dealers as essential busi- nesses during certain national emergencies, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Second Amendment 4 Protection Act’’. 5 VerDate Sep 11 2014 03:06 May 01, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1691.IH H1691 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 1691 IH SEC. 2. GUIDANCE ON ESSENTIAL BUSINESS. 1 Not later than 180 days after the date of enactment 2 of this Act, the Secretary of Homeland Security shall issue 3 guidance to identify firearms business operations of li- 4 censed manufacturers and licensed dealers, as such terms 5 are defined in section 921(a) of title 18, United States 6 Code, as essential businesses for purposes of any State 7 or local government order relating to a National Emer- 8 gency declared under section 201 of the National Emer- 9 gencies Act (50 U.S.C. 1622) or a major disaster declared 10 under section 401 of the Robert T. Stafford Disaster Re- 11 lief and Emergency Assistance Act (42 U.S.C. 5170a). 12 SEC. 3. AUTHORITY TO CONDUCT INTERSTATE FIREARMS 13 TRANSACTIONS. 14 (a) FIREARMS DISPOSITIONS.—Section 922(b)(3)(A) 15 of title 18, United States Code, is amended— 16 (1) by striking ‘‘rifle or shotgun’’ and inserting 17 ‘‘firearm’’; 18 (2) by striking ‘‘located’’ and inserting ‘‘located 19 or temporarily located’’; and 20 (3) by striking ‘‘both such States’’ and insert- 21 ing ‘‘the State in which the transfer is conducted 22 and the State of residence of the transferee’’. 23 (b) DEALER LOCATION.—Section 923 of such title is 24 amended— 25 (1) in subsection (j)— 26 VerDate Sep 11 2014 03:06 May 01, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1691.IH H1691 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 1691 IH (A) in the first sentence, by striking ‘‘, and 1 such location is in the State which is specified 2 on the license’’; and 3 (B) in the last sentence— 4 (i) by inserting ‘‘transfer,’’ after 5 ‘‘sell,’’; and 6 (ii) by striking all that follows ‘‘Act’’ 7 and inserting a period; and 8 (2) by adding at the end the following: 9 ‘‘(m) Nothing in this chapter shall be construed to 10 prohibit the sale, transfer, delivery, or other disposition 11 of a firearm or ammunition— 12 ‘‘(1) by a person licensed under this chapter to 13 another person so licensed, at any location in any 14 State; or 15 ‘‘(2) by a licensed importer, licensed manufac- 16 turer, or licensed dealer to a person not licensed 17 under this chapter, at a temporary location de- 18 scribed in subsection (j) in any State.’’. 19 VerDate Sep 11 2014 03:06 May 01, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1691.IH H1691 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 1691 IH SEC. 4. ALLOWING A MEMBER OF THE ARMED FORCES ON 1 ACTIVE DUTY, OR A SPOUSE OF THE MEMBER 2 TO OWN A FIREARM IN THEIR PLACE OF RES- 3 IDENCE AND IN THE STATE IN WHICH STA- 4 TIONED. 5 Section 921 of title 18, United States Code, is 6 amended by striking subsection (b) and inserting the fol- 7 lowing: 8 ‘‘(b) For purposes of this chapter: 9 ‘‘(1) A member of the Armed Forces on active 10 duty, or a spouse of the member, is a resident of— 11 ‘‘(A) the State in which the person main- 12 tains legal residence; 13 ‘‘(B) the State in which the permanent 14 duty station of the member is located; and 15 ‘‘(C) the State in which the member main- 16 tains a place of abode from which the member 17 commutes each day to the permanent duty sta- 18 tion. 19 ‘‘(2) An officer or employee of the United 20 States (other than a member of the Armed Forces) 21 stationed outside the United States for a period ex- 22 ceeding one year, or a spouse residing with such an 23 officer or employee, is a resident of the State in 24 which the person maintains legal residence.’’. 25 VerDate Sep 11 2014 03:06 May 01, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1691.IH H1691 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 1691 IH SEC. 5. RECIPROCITY FOR THE CARRYING OF CERTAIN 1 CONCEALED FIREARMS. 2 (a) IN GENERAL.—Chapter 44 of title 18, United 3 States Code, is amended by inserting after section 926C 4 the following: 5 ‘‘§ 926D. Reciprocity for the carrying of certain con- 6 cealed firearms 7 ‘‘(a) Notwithstanding any provision of the law of any 8 State or political subdivision thereof (except as provided 9 in subsection (b)) and subject only to the requirements 10 of this section, a person who is not prohibited by Federal 11 law from possessing, transporting, shipping, or receiving 12 a firearm, who is carrying a valid identification document 13 containing a photograph of the person, and who is car- 14 rying a valid license or permit which is issued pursuant 15 to the law of a State and which permits the person to 16 carry a concealed firearm or is entitled to carry a con- 17 cealed firearm in the State in which the person resides, 18 may possess or carry a concealed handgun (other than a 19 machine gun or destructive device) that has been shipped 20 or transported in interstate or foreign commerce, in any 21 State that— 22 ‘‘(1) has a statute under which residents of the 23 State may apply for a license or permit to carry a 24 concealed firearm; or 25 VerDate Sep 11 2014 03:06 May 01, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1691.IH H1691 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 1691 IH ‘‘(2) does not prohibit the carrying of concealed 1 firearms by residents of the State for lawful pur- 2 poses. 3 ‘‘(b) This section shall not be construed to supersede 4 or limit the laws of any State that— 5 ‘‘(1) permit private persons or entities to pro- 6 hibit or restrict the possession of concealed firearms 7 on their property; or 8 ‘‘(2) prohibit or restrict the possession of fire- 9 arms on any State or local government property, in- 10 stallation, building, base, or park. 11 ‘‘(c)(1) A person who carries or possesses a concealed 12 handgun in accordance with subsections (a) and (b) may 13 not be arrested or otherwise detained for violation of any 14 law or any rule or regulation of a State or any political 15 subdivision thereof related to the possession, transpor- 16 tation, or carrying of firearms unless there is probable 17 cause to believe that the person is doing so in a manner 18 not provided for by this section. Presentation of facially 19 valid documents as specified in subsection (a) is prima 20 facie evidence that the individual has a license or permit 21 as required by this section. 22 ‘‘(2) When a person asserts this section as a defense 23 in a criminal proceeding, the prosecution shall bear the 24 burden of proving, beyond a reasonable doubt, that the 25 VerDate Sep 11 2014 03:06 May 01, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1691.IH H1691 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 1691 IH conduct of the person did not satisfy the conditions set 1 forth in subsections (a) and (b). 2 ‘‘(3) When a person successfully asserts this section 3 as a defense in a criminal proceeding, the court shall 4 award the prevailing defendant a reasonable attorney’s 5 fee. 6 ‘‘(d)(1) A person who is deprived of any right, privi- 7 lege, or immunity secured by this section, under color of 8 any statute, ordinance, regulation, custom, or usage of any 9 State or any political subdivision thereof, may bring an 10 action in any appropriate court against any other person, 11 including a State or political subdivision thereof, who 12 causes the person to be subject to the deprivation, for 13 damages or other appropriate relief. 14 ‘‘(2) The court shall award a plaintiff prevailing in 15 an action brought under paragraph (1) damages and such 16 other relief as the court deems appropriate, including a 17 reasonable attorney’s fee. 18 ‘‘(e) In subsection (a): 19 ‘‘(1) The term ‘identification document’ means 20 a document made or issued by or under the author- 21 ity of the United States Government, a State, or a 22 political subdivision of a State which, when com- 23 pleted with information concerning a particular indi- 24 VerDate Sep 11 2014 03:06 May 01, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1691.IH H1691 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 1691 IH vidual, is of a type intended or commonly accepted 1 for the purpose of identification of individuals. 2 ‘‘(2) The term ‘handgun’ includes any magazine 3 for use in a handgun and any ammunition loaded 4 into the handgun or its magazine. 5 ‘‘(f)(1) A person who possesses or carries a concealed 6 handgun under subsection (a) shall not be subject to the 7 prohibitions of section 922(q) with respect to that hand- 8 gun. 9 ‘‘(2) A person possessing or carrying a concealed 10 handgun in a State under subsection (a) may do so in 11 any of the following areas in the State that are open to 12 the public: 13 ‘‘(A) A unit of the National Park System. 14 ‘‘(B) A unit of the National Wildlife Refuge 15 System. 16 ‘‘(C) Public land under the jurisdiction of the 17 Bureau of Land Management. 18 ‘‘(D) Land administered and managed by the 19 Army Corps of Engineers. 20 ‘‘(E) Land administered and managed by the 21 Bureau of Reclamation. 22 ‘‘(F) Land administered and managed by the 23 Forest Service.’’. 24 VerDate Sep 11 2014 03:06 May 01, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1691.IH H1691 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 1691 IH (b) CLERICAL AMENDMENT.—The table of sections 1 for such chapter is amended by inserting after the item 2 relating to section 926C the following: 3 ‘‘926D. Reciprocity for the carrying of certain concealed firearms.’’. (c) SEVERABILITY.—Notwithstanding any other pro- 4 vision of this Act, if any provision of this section, or any 5 amendment made by this section, or the application of 6 such provision or amendment to any person or cir- 7 cumstance is held to be unconstitutional, this section and 8 amendments made by this section and the application of 9 such provision or amendment to other persons or cir- 10 cumstances shall not be affected thereby. 11 (d) EFFECTIVE DATE.—The amendments made by 12 this section shall take effect 90 days after the date of the 13 enactment of this Act. 14 SEC. 6. RECIPROCITY FOR THE CARRYING OF HANDGUNS. 15 (a) IN GENERAL.—Chapter 44 of title 18, United 16 States Code, is further amended by inserting after section 17 926D the following: 18 ‘‘§ 926E. Reciprocity for the carrying of handguns 19 ‘‘(a) Notwithstanding any provision of the law of any 20 State or political subdivision thereof (except as provided 21 in subsection (b)) and subject only to the requirements 22 of this section, a person who is not prohibited by Federal 23 law from possessing, transporting, shipping, or receiving 24 a firearm, who is carrying a valid identification document 25 VerDate Sep 11 2014 03:06 May 01, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H1691.IH H1691 kjohnson on DSK79L0C42PROD with BILLS 10 •HR 1691 IH containing a photograph of the person, and who is car- 1 rying a valid license or permit which is issued pursuant 2 to the law of a State and which permits the person to 3 carry a handgun or is entitled to carry a handgun in the 4 State in which the person resides, may possess or carry 5 a handgun (other than a machine gun or destructive de- 6 vice) that has been shipped or transported in interstate 7 or foreign commerce, in any State that— 8 ‘‘(1) has a statute under which residents of the 9 State may apply for a license or permit to carry a 10 handgun; or 11 ‘‘(2) does not prohibit the carrying of handguns 12 by residents of the State for lawful purposes. 13 ‘‘(b) This section shall not be construed to supersede 14 or limit the laws of any State that— 15 ‘‘(1) permit private persons or entities to pro- 16 hibit or restrict the possession of handguns on their 17 property; or 18 ‘‘(2) prohibit or restrict the possession of hand- 19 guns on any State or local government property, in- 20 stallation, building, base, or park. 21 ‘‘(c)(1) A person who carries or possesses a handgun 22 in accordance with subsections (a) and (b) may not be ar- 23 rested or otherwise detained for violation of any law or 24 any rule or regulation of a State or any political subdivi- 25 VerDate Sep 11 2014 03:06 May 01, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H1691.IH H1691 kjohnson on DSK79L0C42PROD with BILLS 11 •HR 1691 IH sion thereof related to the possession, transportation, or 1 carrying of firearms unless there is probable cause to be- 2 lieve that the person is doing so in a manner not provided 3 for by this section. Presentation of facially valid docu- 4 ments as specified in subsection (a) is prima facie evidence 5 that the individual has a license or permit as required by 6 this section. 7 ‘‘(2) When a person asserts this section as a defense 8 in a criminal proceeding, the prosecution shall bear the 9 burden of proving, beyond a reasonable doubt, that the 10 conduct of the person did not satisfy the conditions set 11 forth in subsections (a) and (b). 12 ‘‘(3) When a person successfully asserts this section 13 as a defense in a criminal proceeding, the court shall 14 award the prevailing defendant a reasonable attorney’s 15 fee. 16 ‘‘(d)(1) A person who is deprived of any right, privi- 17 lege, or immunity secured by this section, under color of 18 any statute, ordinance, regulation, custom, or usage of any 19 State or any political subdivision thereof, may bring an 20 action in any appropriate court against any other person, 21 including a State or political subdivision thereof, who 22 causes the person to be subject to the deprivation, for 23 damages or other appropriate relief. 24 VerDate Sep 11 2014 03:06 May 01, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 665 [Text truncated for display. 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