Servicemembers Self-Defense Act of 2019

II 116TH CONGRESS 1ST SESSION S. 3130 To amend titles 10 and 18, to permit members of the Armed Forces to possess firearms on military installations in accordance with applicable State law, and for other purposes. IN THE SENATE OF THE UNITED STATES DECEMBER 19, 2019 Mr. PAUL introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To amend titles 10 and 18, to permit members of the Armed Forces to possess firearms on military installations in accordance with applicable State law, and for other pur- poses. 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 ‘‘Servicemembers Self- 4 Defense Act of 2019’’. 5 VerDate Sep 11 2014 15:58 Dec 28, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3130.IS S3130 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 3130 IS SEC. 2. FIREARMS PERMITTED ON DEPARTMENT OF DE- 1 FENSE PROPERTY. 2 Section 930(g)(1) of title 18, United States Code, is 3 amended— 4 (1) by striking ‘‘The term ‘Federal facility’ 5 means’’ and inserting the following: ‘‘The term ‘Fed- 6 eral facility’— 7 ‘‘(A) means’’; 8 (2) by striking the period at the end and insert- 9 ing ‘‘; and’’; and 10 (3) by adding at the end the following: 11 ‘‘(B) with respect to a qualified member of 12 the Armed Forces, as defined in section 13 926D(a), does not include any land, a building, 14 or any part thereof owned or leased by the De- 15 partment of Defense.’’. 16 SEC. 3. LAWFUL POSSESSION OF FIREARMS ON MILITARY 17 INSTALLATIONS BY MEMBERS OF THE 18 ARMED FORCES. 19 (a) MODIFICATION OF GENERAL ARTICLE.—Section 20 934 of title 10, United States Code (article 134 of the 21 Uniform Code of Military Justice), is amended— 22 (1) by inserting ‘‘(a) IN GENERAL.—’’ before 23 ‘‘Though not specifically mentioned’’; and 24 (2) by adding at the end the following new sub- 25 section: 26 VerDate Sep 11 2014 15:58 Dec 28, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3130.IS S3130 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 3130 IS ‘‘(b) POSSESSION OF A FIREARM.—The possession of 1 a concealed or open carry firearm by a member of the 2 Armed Forces subject to this chapter on a military instal- 3 lation, if lawful under the laws of the State in which the 4 installation is located, is not an offense under this sec- 5 tion.’’. 6 (b) MODIFICATION OF REGULATIONS.—Not later 7 than 30 days after the date of the enactment of this Act, 8 the Secretary of Defense shall amend Department of De- 9 fense Directive number 5210.56 to provide that members 10 of the Armed Forces may possess firearms for defensive 11 purposes on facilities and installations of the Department 12 of Defense in a manner consistent with the laws of the 13 State in which the facility or installation concerned is lo- 14 cated. 15 SEC. 4. CARRYING OF CONCEALED FIREARMS BY QUALI- 16 FIED MEMBERS OF THE ARMED FORCES. 17 (a) IN GENERAL.—Chapter 44 of title 18, United 18 States Code, is amended by inserting after section 926C 19 the following: 20 ‘‘§ 926D. Carrying of concealed firearms by qualified 21 members of the Armed Forces 22 ‘‘(a) DEFINITIONS.—As used in this section— 23 ‘‘(1) the term ‘firearm’— 24 VerDate Sep 11 2014 15:58 Dec 28, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3130.IS S3130 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 3130 IS ‘‘(A) except as provided in this paragraph, 1 has the same meaning as in section 921; 2 ‘‘(B) includes ammunition not expressly 3 prohibited by Federal law or subject to the pro- 4 visions of the National Firearms Act; and 5 ‘‘(C) does not include— 6 ‘‘(i) any machinegun (as defined in 7 section 5845 of the National Firearms 8 Act); 9 ‘‘(ii) any firearm silencer; or 10 ‘‘(iii) any destructive device; and 11 ‘‘(2) the term ‘qualified member of the Armed 12 Forces’ means an individual who— 13 ‘‘(A) is a member of the Armed Forces on 14 active duty status, as defined in section 15 101(d)(1) of title 10; 16 ‘‘(B) is not the subject of disciplinary ac- 17 tion under the Uniform Code of Military Jus- 18 tice; 19 ‘‘(C) is not under the influence of alcohol 20 or another intoxicating or hallucinatory drug or 21 substance; and 22 ‘‘(D) is not prohibited by Federal law from 23 receiving a firearm. 24 VerDate Sep 11 2014 15:58 Dec 28, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3130.IS S3130 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 3130 IS ‘‘(b) AUTHORIZATION.—Notwithstanding any provi- 1 sion of the law of any State or any political subdivision 2 thereof, an individual who is a qualified member of the 3 Armed Forces and who is carrying identification required 4 by subsection (d) may carry a concealed firearm that has 5 been shipped or transported in interstate or foreign com- 6 merce, subject to subsection (c). 7 ‘‘(c) LIMITATIONS.—This section shall not be con- 8 strued to supersede or limit the laws of any State that— 9 ‘‘(1) permit private persons or entities to pro- 10 hibit or restrict the possession of concealed firearms 11 on their property; or 12 ‘‘(2) prohibit or restrict the possession of fire- 13 arms on any State or local government property, in- 14 stallation, building, base, or park. 15 ‘‘(d) IDENTIFICATION.—The identification required 16 by this subsection is the photographic identification issued 17 by the Department of Defense for the qualified member 18 of the Armed Forces.’’. 19 (b) TECHNICAL AND CONFORMING AMENDMENT.— 20 The table of sections for chapter 44 of title 18, United 21 States Code, is amended by inserting after the item relat- 22 ing to section 926C the following: 23 ‘‘926D. Carrying of concealed firearms by qualified members of the Armed Forces.’’. Æ VerDate Sep 11 2014 21:31 Jan 03, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\S3130.IS S3130 pamtmann on DSKBC07HB2PROD with BILLS