[Congressional Record Volume 162, Number 81 (Monday, May 23, 2016)]
[Senate]
[Pages S3057-S3058]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 4075. Mr. PAUL submitted an amendment intended to be proposed by
him to the bill S. 2943, to authorize appropriations for fiscal year
2017 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end division A, add the following:
TITLE XVII--SERVICEMEMBER SELF-DEFENSE
SEC. 1701. SHORT TITLE.
This title may be cited as the ``Servicemembers Self-
Defense Act of 2016''.
SEC. 1702. 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. 1703. 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
[[Page S3058]]
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. 1704. 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 carry 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
superseded 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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