[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1691 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 1691
To direct the Secretary of Homeland Security to issue guidance to
identify firearms business operations of licensed manufacturers and
licensed dealers as essential businesses during certain national
emergencies, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 9, 2021
Mr. Higgins of Louisiana introduced the following bill; which was
referred to the Committee on the Judiciary, and in addition to the
Committees on Transportation and Infrastructure, and Ways and Means,
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of
the committee concerned
_______________________________________________________________________
A BILL
To direct the Secretary of Homeland Security to issue guidance to
identify firearms business operations of licensed manufacturers and
licensed dealers as essential businesses during certain national
emergencies, 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 ``Second Amendment Protection Act''.
SEC. 2. GUIDANCE ON ESSENTIAL BUSINESS.
Not later than 180 days after the date of enactment of this Act,
the Secretary of Homeland Security shall issue guidance to identify
firearms business operations of licensed manufacturers and licensed
dealers, as such terms are defined in section 921(a) of title 18,
United States Code, as essential businesses for purposes of any State
or local government order relating to a National Emergency declared
under section 201 of the National Emergencies Act (50 U.S.C. 1622) or a
major disaster declared under section 401 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170a).
SEC. 3. AUTHORITY TO CONDUCT INTERSTATE FIREARMS TRANSACTIONS.
(a) Firearms Dispositions.--Section 922(b)(3)(A) of title 18,
United States Code, is amended--
(1) by striking ``rifle or shotgun'' and inserting
``firearm'';
(2) by striking ``located'' and inserting ``located or
temporarily located''; and
(3) by striking ``both such States'' and inserting ``the
State in which the transfer is conducted and the State of
residence of the transferee''.
(b) Dealer Location.--Section 923 of such title is amended--
(1) in subsection (j)--
(A) in the first sentence, by striking ``, and such
location is in the State which is specified on the
license''; and
(B) in the last sentence--
(i) by inserting ``transfer,'' after
``sell,''; and
(ii) by striking all that follows ``Act''
and inserting a period; and
(2) by adding at the end the following:
``(m) Nothing in this chapter shall be construed to prohibit the
sale, transfer, delivery, or other disposition of a firearm or
ammunition--
``(1) by a person licensed under this chapter to another
person so licensed, at any location in any State; or
``(2) by a licensed importer, licensed manufacturer, or
licensed dealer to a person not licensed under this chapter, at
a temporary location described in subsection (j) in any
State.''.
SEC. 4. ALLOWING A MEMBER OF THE ARMED FORCES ON ACTIVE DUTY, OR A
SPOUSE OF THE MEMBER TO OWN A FIREARM IN THEIR PLACE OF
RESIDENCE AND IN THE STATE IN WHICH STATIONED.
Section 921 of title 18, United States Code, is amended by striking
subsection (b) and inserting the following:
``(b) For purposes of this chapter:
``(1) A member of the Armed Forces on active duty, or a
spouse of the member, is a resident of--
``(A) the State in which the person maintains legal
residence;
``(B) the State in which the permanent duty station
of the member is located; and
``(C) the State in which the member maintains a
place of abode from which the member commutes each day
to the permanent duty station.
``(2) An officer or employee of the United States (other
than a member of the Armed Forces) stationed outside the United
States for a period exceeding one year, or a spouse residing
with such an officer or employee, is a resident of the State in
which the person maintains legal residence.''.
SEC. 5. RECIPROCITY FOR THE CARRYING OF CERTAIN CONCEALED FIREARMS.
(a) In General.--Chapter 44 of title 18, United States Code, is
amended by inserting after section 926C the following:
``Sec. 926D. Reciprocity for the carrying of certain concealed firearms
``(a) Notwithstanding any provision of the law of any State or
political subdivision thereof (except as provided in subsection (b))
and subject only to the requirements of this section, a person who is
not prohibited by Federal law from possessing, transporting, shipping,
or receiving a firearm, who is carrying a valid identification document
containing a photograph of the person, and who is carrying a valid
license or permit which is issued pursuant to the law of a State and
which permits the person to carry a concealed firearm or is entitled to
carry a concealed firearm in the State in which the person resides, may
possess or carry a concealed handgun (other than a machine gun or
destructive device) that has been shipped or transported in interstate
or foreign commerce, in any State that--
``(1) has a statute under which residents of the State may
apply for a license or permit to carry a concealed firearm; or
``(2) does not prohibit the carrying of concealed firearms
by residents of the State for lawful purposes.
``(b) 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.
``(c)(1) A person who carries or possesses a concealed handgun in
accordance with subsections (a) and (b) may not be arrested or
otherwise detained for violation of any law or any rule or regulation
of a State or any political subdivision thereof related to the
possession, transportation, or carrying of firearms unless there is
probable cause to believe that the person is doing so in a manner not
provided for by this section. Presentation of facially valid documents
as specified in subsection (a) is prima facie evidence that the
individual has a license or permit as required by this section.
``(2) When a person asserts this section as a defense in a criminal
proceeding, the prosecution shall bear the burden of proving, beyond a
reasonable doubt, that the conduct of the person did not satisfy the
conditions set forth in subsections (a) and (b).
``(3) When a person successfully asserts this section as a defense
in a criminal proceeding, the court shall award the prevailing
defendant a reasonable attorney's fee.
``(d)(1) A person who is deprived of any right, privilege, or
immunity secured by this section, under color of any statute,
ordinance, regulation, custom, or usage of any State or any political
subdivision thereof, may bring an action in any appropriate court
against any other person, including a State or political subdivision
thereof, who causes the person to be subject to the deprivation, for
damages or other appropriate relief.
``(2) The court shall award a plaintiff prevailing in an action
brought under paragraph (1) damages and such other relief as the court
deems appropriate, including a reasonable attorney's fee.
``(e) In subsection (a):
``(1) The term `identification document' means a document
made or issued by or under the authority of the United States
Government, a State, or a political subdivision of a State
which, when completed with information concerning a particular
individual, is of a type intended or commonly accepted for the
purpose of identification of individuals.
``(2) The term `handgun' includes any magazine for use in a
handgun and any ammunition loaded into the handgun or its
magazine.
``(f)(1) A person who possesses or carries a concealed handgun
under subsection (a) shall not be subject to the prohibitions of
section 922(q) with respect to that handgun.
``(2) A person possessing or carrying a concealed handgun in a
State under subsection (a) may do so in any of the following areas in
the State that are open to the public:
``(A) A unit of the National Park System.
``(B) A unit of the National Wildlife Refuge System.
``(C) Public land under the jurisdiction of the Bureau of
Land Management.
``(D) Land administered and managed by the Army Corps of
Engineers.
``(E) Land administered and managed by the Bureau of
Reclamation.
``(F) Land administered and managed by the Forest
Service.''.
(b) Clerical Amendment.--The table of sections for such chapter is
amended by inserting after the item relating to section 926C the
following:
``926D. Reciprocity for the carrying of certain concealed firearms.''.
(c) Severability.--Notwithstanding any other provision of this Act,
if any provision of this section, or any amendment made by this
section, or the application of such provision or amendment to any
person or circumstance is held to be unconstitutional, this section and
amendments made by this section and the application of such provision
or amendment to other persons or circumstances shall not be affected
thereby.
(d) Effective Date.--The amendments made by this section shall take
effect 90 days after the date of the enactment of this Act.
SEC. 6. RECIPROCITY FOR THE CARRYING OF HANDGUNS.
(a) In General.--Chapter 44 of title 18, United States Code, is
further amended by inserting after section 926D the following:
``Sec. 926E. Reciprocity for the carrying of handguns
``(a) Notwithstanding any provision of the law of any State or
political subdivision thereof (except as provided in subsection (b))
and subject only to the requirements of this section, a person who is
not prohibited by Federal law from possessing, transporting, shipping,
or receiving a firearm, who is carrying a valid identification document
containing a photograph of the person, and who is carrying a valid
license or permit which is issued pursuant to the law of a State and
which permits the person to carry a handgun or is entitled to carry a
handgun in the State in which the person resides, may possess or carry
a handgun (other than a machine gun or destructive device) that has
been shipped or transported in interstate or foreign commerce, in any
State that--
``(1) has a statute under which residents of the State may
apply for a license or permit to carry a handgun; or
``(2) does not prohibit the carrying of handguns by
residents of the State for lawful purposes.
``(b) 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 handguns on their property; or
``(2) prohibit or restrict the possession of handguns on
any State or local government property, installation, building,
base, or park.
``(c)(1) A person who carries or possesses a handgun in accordance
with subsections (a) and (b) may not be arrested or otherwise detained
for violation of any law or any rule or regulation of a State or any
political subdivision thereof related to the possession,
transportation, or carrying of firearms unless there is probable cause
to believe that the person is doing so in a manner not provided for by
this section. Presentation of facially valid documents as specified in
subsection (a) is prima facie evidence that the individual has a
license or permit as required by this section.
``(2) When a person asserts this section as a defense in a criminal
proceeding, the prosecution shall bear the burden of proving, beyond a
reasonable doubt, that the conduct of the person did not satisfy the
conditions set forth in subsections (a) and (b).
``(3) When a person successfully asserts this section as a defense
in a criminal proceeding, the court shall award the prevailing
defendant a reasonable attorney's fee.
``(d)(1) A person who is deprived of any right, privilege, or
immunity secured by this section, under color of any statute,
ordinance, regulation, custom, or usage of any State or any political
subdivision thereof, may bring an action in any appropriate court
against any other person, including a State or political subdivision
thereof, who causes the person to be subject to the deprivation, for
damages or other appropriate relief.
``(2) The court shall award a plaintiff prevailing in an action
brought under paragraph (1) damages and such other relief as the court
deems appropriate, including a reasonable attorney's fee.
``(e) In subsection (a):
``(1) The term `identification document' means a document
made or issued by or under the authority of the United States
Government, a State, or a political subdivision of a State
which, when completed with information concerning a particular
individual, is of a type intended or commonly accepted for the
purpose of identification of individuals.
``(2) The term `handgun' includes any magazine for use in a
handgun and any ammunition loaded into the handgun or its
magazine.
``(f)(1) A person who possesses or carries a handgun under
subsection (a) shall not be subject to the prohibitions of section
922(q) with respect to that handgun.
``(2) A person possessing or carrying a handgun in a State under
subsection (a) may do so in any of the following areas in the State
that are open to the public:
``(A) A unit of the National Park System.
``(B) A unit of the National Wildlife Refuge System.
``(C) Public land under the jurisdiction of the Bureau of
Land Management.
``(D) Land administered and managed by the Army Corps of
Engineers.
``(E) Land administered and managed by the Bureau of
Reclamation.
``(F) Land administered and managed by the Forest
Service.''.
(b) Clerical Amendment.--The table of sections for such chapter is
further amended by inserting after the item relating to section 926D
the following:
``926E. Reciprocity for the carrying of handguns.''.
(c) Severability.--Notwithstanding any other provision of this Act,
if any provision of this section, or any amendment made by this
section, or the application of such provision or amendment to any
person or circumstance is held to be unconstitutional, this section and
amendments made by this section and the application of such provision
or amendment to other persons or circumstances shall not be affected
thereby.
(d) Effective Date.--The amendments made by this section shall take
effect 90 days after the date of the enactment of this Act.
SEC. 7. TAX CREDIT FOR FIREARM SAFETY COURSES AND FIREARM SAFETY
STORAGE DEVICES.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by inserting after
section 25D the following new section:
``SEC. 25E. FIREARM SAFETY CREDIT.
``(a) In General.--In the case of an individual, there shall be
allowed as a credit against the tax imposed by this chapter for the
taxable year an amount equal to 5 percent of so much of the qualified
firearm safety expenditures of the taxpayer for the taxable year as
does not exceed $2,000.
``(b) Qualified Firearm Safety Expenditures.--For purposes of this
section--
``(1) In general.--The term `qualified firearm safety
expenditures' means an amount paid or incurred by the
taxpayer--
``(A) for the purchase of a firearm safety storage
device the first use of which is by the taxpayer, or
``(B) which is required for enrollment and
attendance by the taxpayer in any firearm safety course
which is completed by the taxpayer.
``(2) Firearm safety storage device.--The term `firearm
safety storage device' means any device--
``(A) the principal purpose of which is denying
unauthorized access to, or rendering inoperable, a
firearm or ammunition, and
``(B) which, when locked, can only be opened by
combination, key, or biometric information.
``(3) Firearm safety course.--A course shall not be treated
as a firearm safety course for purposes of this section unless
such course is certified by the State in which it is held.''.
(b) Clerical Amendment.--The table of sections for subpart A of
part IV of subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 25D the following new
item:
``Sec. 25E. Firearm safety credit.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
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