What This Bill Does
This bill changes federal firearms laws to give military spouses the same rights as active duty military members when buying or receiving firearms and ammunition. The bill applies these rights at any location where a military member is stationed outside the United States.
Who It Affects
Active duty military members and their spouses.
Key Provisions
• Military spouses can receive firearms and ammunition under the same rules as active duty military members at any duty station outside the United States (Sec. 2)
• A military spouse's legal residency for federal firearms purposes is determined the same way as an active duty member's residency, meaning a spouse is considered a resident of the state where the member maintains legal residence, where the permanent duty station is located, or where the member maintains a home and commutes from daily (Sec. 3)
What Changes
If this bill becomes law, military spouses will be treated the same as active duty members under federal firearms laws regarding receiving firearms and ammunition at duty stations. The law will also recognize a military spouse as a resident of up to three states for federal firearms purposes instead of applying different residency rules.
Important Definitions
None defined.
Effective Date
The bill takes effect six months after the date this law is signed (Sec. 4).
I
118TH CONGRESS
1ST SESSION
H. R. 341
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
JANUARY 12, 2023
Mr. MURPHY (for himself, Mr. CRENSHAW, Mr. KELLY of Pennsylvania, Mr.
DONALDS, Mr. RUTHERFORD, Mr. CRAWFORD, Mr. CLOUD, Ms.
STEFANIK, Mr. GOSAR, Mr. JOHNSON of South Dakota, Mrs. HINSON,
Mr. WEBER of Texas, and Mr. C. SCOTT FRANKLIN of Florida) intro-
duced the following bill; which was referred to the Committee on the Ju-
diciary
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 regard-
ing the receipt of firearms at the location of any duty
station of the member.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Protect Our Military
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Families’ 2nd Amendment Rights Act’’.
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•HR 341 IH
SEC. 2. RECEIPT OF FIREARM OR AMMUNITION BY SPOUSE
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OF MEMBER OF THE ARMED FORCES AT A
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DUTY STATION OF THE MEMBER OUTSIDE
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THE UNITED STATES.
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Section 925(a)(3) of title 18, United States Code, is
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amended—
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(1) by inserting ‘‘or to the spouse of such a
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member’’ before ‘‘or to’’;
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(2) by striking ‘‘members,’’ and inserting
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‘‘members and spouses,’’;
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(3) by striking ‘‘members or’’ and inserting
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‘‘members, spouses, or’’; and
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(4) by striking ‘‘member or’’ and inserting
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‘‘member, spouse, or’’.
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SEC. 3. RESIDENCY OF SPOUSES OF MEMBERS OF THE
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ARMED FORCES TO BE DETERMINED ON THE
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SAME BASIS AS THE RESIDENCY OF SUCH
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MEMBERS FOR PURPOSES OF FEDERAL FIRE-
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ARMS LAWS.
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Section 921(b) of title 18, United States Code, is
20
amended to read as follows:
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‘‘(b) For purposes of this chapter, a member of the
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Armed Forces on active duty, or a spouse of such a mem-
23
ber, is a resident of—
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‘‘(1) the State in which the member or spouse
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maintains legal residence;
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•HR 341 IH
‘‘(2) the State in which the permanent duty
1
station of the member is located; and
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‘‘(3) the State in which the member maintains
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a place of abode from which the member commutes
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each day to the permanent duty station of the mem-
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ber.’’.
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SEC. 4. EFFECTIVE DATE.
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The amendments made by this Act shall apply to con-
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duct engaged in after the 6-month period that begins with
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the date of the enactment of this Act.
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Æ
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