[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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