[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1823 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                S. 1823

To safeguard military personnel on Armed Forces military installations 
  by repealing bans on military personnel carrying firearms, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 21, 2015

   Mr. Moran introduced the following bill; which was read twice and 
              referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
To safeguard military personnel on Armed Forces military installations 
  by repealing bans on military personnel carrying firearms, 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. REPEAL OF LAWS AND REGULATIONS DISARMING FIREARMS-TRAINED 
              MILITARY PERSONNEL AND PROHIBITION ON REIMPOSING BANS ON 
              MILITARY PERSONNEL CARRYING FIREARMS.

    (a) Findings.--Congress makes the following findings:
            (1) In the attack on the Armed Forces Recruitment Center in 
        Times Square in 2008, the attack on Fort Hood in 2009, the 
        attack at the United States Military Recruiting Office in 
        Little Rock in 2009, the attack at the Pentagon in 2010, the 
        attack at the Washington Navy Yard in 2013, and the United 
        States Army and Marine Corps Chattanooga shootings in 2015, 
        military personnel were unable to carry firearms and respond 
        with force.
            (2) Military personnel are trained in the use of firearms, 
        with live-fire qualification and use-of-force training.
            (3) Military personnel are entrusted with firearms and 
        other weapons in the defense of the United States.
            (4) Gun-free zones on military installations and Department 
        of Defense sites such as military recruitment centers are 
        vulnerable targets.
    (b) Repeal of Laws and Regulations Disarming Military Personnel.--
            (1) Repeal.--Effective on the date of the enactment of this 
        Act--
                    (A) Army Regulation 190-14, issued on March 12, 
                1993, is repealed;
                    (B) Department of Defense Directive Number 5210.56, 
                issued on February 25, 1992, as modified on April 1, 
                2011, and by any subsequent modification, is repealed; 
                and
                    (C) any other prohibition in law, rule, regulation 
                or Executive order that prohibits military personnel 
                from carrying a firearm on a military installation or 
                Department of Defense site within the United States, 
                including section 1585 of title 10, United States Code 
                (relating to carrying of firearms), section 922 of 
                title 18, United States Code (relating to unlawful 
                acts), and part 108.11 of title 14, Code of Federal 
                Regulations (relating to carriage of weapons), shall 
                have no further force or effect and may not be 
                enforced.
            (2) Use of firearms.--
                    (A) In general.--Except as provided in subparagraph 
                (B), effective as of the date of the enactment of this 
                Act, military personnel shall not be prohibited from 
                carrying firearms on military installations or 
                Department of Defense sites. Military personnel 
                carrying firearms shall adhere to CJCSI 3121.01B, 
                Standing Rules of Engagement and Standing Rules for the 
                Use of Force for the U.S. Forces (13 June 2005) with 
                respect to the use of firearms on military 
                installations and Department of Defense sites.
                    (B) Exception.--The commander of a military 
                installation or Department of Defense may prohibit a 
                member of the Armed Forces, on a case-by-case basis, 
                from carrying firearms on the military installation or 
                Department of Defense site if the commander determines 
                that the prohibition with respect to the member is 
                necessary to prevent the member from committing bodily 
                harm to the member or others.
    (c) Prohibition on Military Personnel Gun Bans.--
            (1) Department of defense.--The Secretary of Defense and 
        the Secretaries of the military departments shall not reinstate 
        the firearm bans referred to in subsection (b) or enact similar 
        restrictions prohibiting or restricting military personnel from 
        carrying firearms.
            (2) President.--The President shall not take any executive 
        action or promulgate any rule or issue any Executive order or 
        regulation to prohibit military personnel from carrying 
        firearms.
    (d) Reporting Requirement.--Not later than 90 days after the date 
of the enactment of this Act, the Secretary of Defense shall submit to 
Congress a report describing the actions taken to ensure compliance 
with this section.
    (e) Definitions.--In this section:
            (1) The term ``Department of Defense sites'' includes--
                    (A) recruitment centers; and
                    (B) Department of Defense facilities or assets 
                that--
                            (i) lack or do not meet existing force 
                        protection and physical security standards as 
                        described in Department of Defense Directive 
                        5200.08-R, April 9, 2007, regarding physical 
                        protection of Department of Defense personnel, 
                        installations, operations, and related 
                        resources; and
                            (ii) do not meet Homeland Security 
                        Presidential Directive 12, Policy for a Common 
                        Identification Standard for Federal Employees 
                        and Contractors to enhance security, increase 
                        Government efficiency, reduce identity fraud, 
                        and protect personal privacy by establishing a 
                        mandatory, Government-wide standard for secure 
                        and reliable forms of identification issued by 
                        the Federal Government to its employees and 
                        contractors (including contractor employees).
            (2) The term ``military personnel'' means members of the 
        Armed Forces, including members of the reserve components, 
        who--
                    (A) are serving at a duty station on a military 
                installation of the Department of Defense or a 
                Department of Defense site; and
                    (B) are trained by the Armed Forces in the use of 
                firearms.
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