What This Bill Does
This bill amends federal gun laws to define what "state of residence" and "resident" mean. The bill is called the "Traveler's Gun Rights Act" and modifies how these terms are used in federal firearms regulations.
Who It Affects
- Individuals who buy or receive firearms
- Active duty members of the Armed Forces
- Spouses of active duty service members
- People without a physical home address in any state
- Federal firearms dealers conducting background checks
Key Provisions
- A person's state of residence is the state where they live, or for active duty military members, the state where their permanent duty station is located or where they maintain a home they commute from (Sec. 2(a))
- A person 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))
- When someone buys a firearm, the dealer must record either the buyer's residence address or their private mailbox/post office box address if they have no physical home (Sec. 2(b))
- A person who maintains homes in more than one state is considered a resident of each state while present in that state (Sec. 2(a))
What Changes
Federal law now provides specific definitions of "state of residence" and "resident" for gun purchase purposes. Background check requirements now allow use of a private mailbox or post office box address instead of a physical residence address when someone has no physical home in any state.
Important Definitions
- State of residence: the state where a person lives, or for active duty military, the state of their permanent duty station or where they maintain a home for commuting purposes
- Resident: an individual who meets one of the state of residence definitions
Effective Date
Not specified in bill text
I
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 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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•HR 1508 IH
(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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•HR 1508 IH
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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