Bill Summary
The Servicemembers Self-Defense Act of 2019 is a bill that aims to allow members of the Armed Forces to possess firearms on military installations, following applicable state laws. Section 1 establishes the short title of the bill, while Section 2 amends a previous law by defining a "Federal facility" to exclude military property for qualified members of the Armed Forces. Section 3 modifies a military justice law to state that possession of a firearm, in accordance with state law, is not a punishable offense for a member of the Armed Forces on a military installation. Section 4 adds a new section to the federal criminal code, allowing qualified members of the Armed Forces to carry concealed firearms if they have the proper identification and are not prohibited by federal law. This new law does not supersede or limit state laws that prohibit firearms on certain properties.
Possible Impacts
1. This legislation could potentially affect members of the Armed Forces who own firearms by allowing them to possess them on military installations in accordance with applicable State law. This could provide them with the ability to better defend themselves in certain situations.
2. This legislation could affect individuals who live or work on military installations by potentially allowing them to possess a concealed firearm on the premises, if they are a qualified member of the Armed Forces and have the necessary identification.
3. This legislation could also affect state and local governments by potentially overriding their laws that prohibit or restrict the possession of firearms on their property, if the individual is a qualified member of the Armed Forces with the required identification. This could lead to conflicts between federal and state laws and potentially impact the safety and security of these properties.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3130 Introduced in Senate (IS)]
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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 purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Servicemembers Self-Defense Act of
2019''.
SEC. 2. FIREARMS PERMITTED ON DEPARTMENT OF DEFENSE PROPERTY.
Section 930(g)(1) of title 18, United States Code, is amended--
(1) by striking ``The term `Federal facility' means'' and
inserting the following: ``The term `Federal facility'--
``(A) means'';
(2) by striking the period at the end and inserting ``;
and''; and
(3) by adding at the end the following:
``(B) with respect to a qualified member of the
Armed Forces, as defined in section 926D(a), does not
include any land, a building, or any part thereof owned
or leased by the Department of Defense.''.
SEC. 3. LAWFUL POSSESSION OF FIREARMS ON MILITARY INSTALLATIONS BY
MEMBERS OF THE ARMED FORCES.
(a) Modification of General Article.--Section 934 of title 10,
United States Code (article 134 of the Uniform Code of Military
Justice), is amended--
(1) by inserting ``(a) In General.--'' before ``Though not
specifically mentioned''; and
(2) by adding at the end the following new subsection:
``(b) Possession of a Firearm.--The possession of a concealed or
open carry firearm by a member of the Armed Forces subject to this
chapter on a military installation, if lawful under the laws of the
State in which the installation is located, is not an offense under
this section.''.
(b) Modification of Regulations.--Not later than 30 days after the
date of the enactment of this Act, the Secretary of Defense shall amend
Department of Defense Directive number 5210.56 to provide that members
of the Armed Forces may possess firearms for defensive purposes on
facilities and installations of the Department of Defense in a manner
consistent with the laws of the State in which the facility or
installation concerned is located.
SEC. 4. CARRYING OF CONCEALED FIREARMS BY QUALIFIED MEMBERS OF THE
ARMED FORCES.
(a) In General.--Chapter 44 of title 18, United States Code, is
amended by inserting after section 926C the following:
``Sec. 926D. Carrying of concealed firearms by qualified members of the
Armed Forces
``(a) Definitions.--As used in this section--
``(1) the term `firearm'--
``(A) except as provided in this paragraph, has the
same meaning as in section 921;
``(B) includes ammunition not expressly prohibited
by Federal law or subject to the provisions of the
National Firearms Act; and
``(C) does not include--
``(i) any machinegun (as defined in section
5845 of the National Firearms Act);
``(ii) any firearm silencer; or
``(iii) any destructive device; and
``(2) the term `qualified member of the Armed Forces' means
an individual who--
``(A) is a member of the Armed Forces on active
duty status, as defined in section 101(d)(1) of title
10;
``(B) is not the subject of disciplinary action
under the Uniform Code of Military Justice;
``(C) is not under the influence of alcohol or
another intoxicating or hallucinatory drug or
substance; and
``(D) is not prohibited by Federal law from
receiving a firearm.
``(b) Authorization.--Notwithstanding any provision of the law of
any State or any political subdivision thereof, an individual who is a
qualified member of the Armed Forces and who is carrying identification
required by subsection (d) may carry a concealed firearm that has been
shipped or transported in interstate or foreign commerce, subject to
subsection (c).
``(c) Limitations.--This section shall not be construed to
supersede or limit the laws of any State that--
``(1) permit private persons or entities to prohibit or
restrict the possession of concealed firearms on their
property; or
``(2) prohibit or restrict the possession of firearms on
any State or local government property, installation, building,
base, or park.
``(d) Identification.--The identification required by this
subsection is the photographic identification issued by the Department
of Defense for the qualified member of the Armed Forces.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 44 of title 18, United States Code, is amended by inserting
after the item relating to section 926C the following:
``926D. Carrying of concealed firearms by qualified members of the
Armed Forces.''.
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