What This Bill Does
This bill amends federal gun laws to define what it means to be a resident of a state and what a state of residence is. The bill also changes how addresses are used during background checks for gun transfers.
Who It Affects
Active duty military members and their spouses, individuals without a physical home address, and people buying or transferring firearms.
Key Provisions
• An individual's state of residence is the state where they live, intend to make a home, or maintain a place to sleep from which they commute to work (Sec. 2(a))
• Active duty military members or their spouses can claim as their state of residence either where their permanent duty station is located or where they maintain a home and commute from (Sec. 2(a))
• Individuals without a physical residence in any state can use the state where they maintain a private mailbox or post office box as their state of residence (Sec. 2(a))
• Background check identification documents can now show either a residence address or, if the person has no physical residence, a private mailbox or post office box address (Sec. 2(b))
What Changes
Federal law will now include formal definitions of "state of residence" and "resident" that previously did not exist in the same way. Background check documents can now include mailbox addresses for people without a physical home.
Important Definitions
State of residence: The state where a person lives, maintains a duty station (if military), or keeps a mailbox or post office box if homeless.
Resident: A person who meets one of the three conditions for state of residence.
II
118TH CONGRESS
1ST SESSION
S. 741
To amend chapter 44 of title 18, United States Code, to define ‘‘State
of residence’’ and ‘‘resident’’, and for other purposes.
IN THE SENATE OF THE UNITED STATES
MARCH 9, 2023
Mr. ROUNDS (for himself, Mrs. HYDE-SMITH, Mr. CRAMER, Mr. CRUZ, Mr.
MARSHALL, Mr. RISCH, Mr. LANKFORD, Mr. CRAPO, Ms. LUMMIS, Mr.
BRAUN, Mr. THUNE, and Mr. HOEVEN) introduced the following bill;
which was read twice and 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 Representa-
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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 ‘‘Traveler’s Gun Rights
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Act’’.
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SEC. 2. STATE OF RESIDENCE.
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(a) DEFINITIONS.—Section 921 of title 18, United
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States Code, is amended—
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(1) in subsection (a)—
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•S 741 IS
(A) by striking ‘‘(a)’’ before ‘‘As used’’;
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and
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(B) by adding at the end the following:
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‘‘(38)(A) The term ‘State of residence’ means—
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‘‘(i) the State in which an individual re-
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sides;
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‘‘(ii) in the case of an individual, or spouse
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of an individual, who is an active duty member
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of the Armed Forces—
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‘‘(I) the State in which the permanent
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duty station of the member is located; and
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‘‘(II) the State in which the member
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maintains a place of abode from which the
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member commutes each day to the perma-
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nent duty station of the member; or
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‘‘(iii) in the case of an individual who does
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not have a physical residence in any State, the
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State in which an individual maintains a private
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mailbox or post office box.
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‘‘(B) For purposes of subparagraph (A)(i)—
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‘‘(i) an individual resides in a State if the
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individual is present in the State with the inten-
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tion of making a home in that State; and
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‘‘(ii) an individual who maintains a home
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in more than 1 State is a resident of each such
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•S 741 IS
State during the time when the individual is
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present in that State.
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‘‘(39) The term ‘resident’, with respect to a
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State, means an individual who satisfies clause (i),
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(ii), or (iii) of paragraph (38)(A) with respect to
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that State.’’; and
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(2) by striking subsection (b).
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(b) NATIONAL INSTANT CRIMINAL BACKGROUND
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CHECK SYSTEM.—Section 922(t)(1)(D) of title 18, United
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States Code, is amended by striking ‘‘transferee con-
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taining a photograph of the transferee.’’ and inserting the
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following: ‘‘transferee—
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‘‘(i) containing a photograph of the trans-
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feree; and
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‘‘(ii) containing—
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‘‘(I) the address of the residence of
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the transferee; or
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‘‘(II) the address for a private mail-
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box or post office box maintained by the
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transferee, if the transferee does not have
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a physical residence in any State.’’.
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Æ
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