I 111th CONGRESS 2d Session H. R. 5700 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.

1.

Short title

This Act may be cited as the Service Member Second Amendment Protection Act of 2010.

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).