[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5700 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5700

To protect the rights under the Second Amendment to the Constitution of 
the United States of members of the Armed Forces and civilian employees 
 of the Department of Defense by prohibiting the Department of Defense 
     from requiring the registration of privately owned firearms, 
ammunition, or other weapons not stored in facilities owned or operated 
  by the Department of Defense, and by prohibiting the Department of 
    Defense from infringing on the right of individuals to lawfully 
    acquire, possess, own, carry, or otherwise use privately owned 
    firearms, ammunition, or other weapons on property not owned or 
                 operated by the Department of Defense.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              July 1, 2010

 Mr. Moran of Kansas introduced the following bill; which was referred 
                   to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
To protect the rights under the Second Amendment to the Constitution of 
the United States of members of the Armed Forces and civilian employees 
 of the Department of Defense by prohibiting the Department of Defense 
     from requiring the registration of privately owned firearms, 
ammunition, or other weapons not stored in facilities owned or operated 
  by the Department of Defense, and by prohibiting the Department of 
    Defense from infringing on the right of individuals to lawfully 
    acquire, possess, own, carry, or otherwise use privately owned 
    firearms, ammunition, or other weapons on property not owned or 
                 operated by the Department of Defense.

    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 ``Service Member Second Amendment 
Protection Act of 2010''.

SEC. 2. PROHIBITION ON INFRINGING ON THE INDIVIDUAL RIGHT TO LAWFULLY 
              ACQUIRE, POSSESS, OWN, CARRY, AND OTHERWISE USE PRIVATELY 
              OWNED FIREARMS, AMMUNITION, AND OTHER WEAPONS.

    (a) In General.--Except as provided in subsection (c), the 
Secretary of Defense may not prohibit, issue any requirement relating 
to, or collect or record any information relating to, the otherwise 
lawful acquisition, possession, ownership, carrying, or other use of a 
privately owned firearm, privately owned ammunition, or another 
privately owned weapon by a member of the Armed Forces or civilian 
employee of the Department of Defense on property that is not owned or 
operated by the Department of Defense.
    (b) Existing Regulations and Records.--
            (1) Regulations.--Any regulation promulgated before the 
        date of enactment of this Act that requires conduct prohibited 
        by this section is null and void and shall have no force or 
        effect.
            (2) Records.--Not later than 90 days after the date of 
        enactment of this Act, the Secretary of Defense shall destroy 
        any record containing information described in subsection (a) 
        that was collected before the date of enactment of this Act.
    (c) Rule of Construction.--Subsection (a) shall not be construed to 
limit the authority of the Secretary of Defense to--
            (1) regulate the possession, carrying, or other use of a 
        firearm, ammunition, or other weapon by a member of the Armed 
        Forces or civilian employee of the Department of Defense 
        while--
                    (A) engaged in official duties on behalf of the 
                Department of Defense; or
                    (B) wearing the uniform of an Armed Force; or
            (2) create or maintain records relating to an 
        investigation, prosecution, or adjudication of an alleged 
        violation of law (including regulations) not prohibited under 
        subsection (a).
                                 <all>