This bill clarifies the definition of "State of residence" for firearm purchases, particularly for military personnel, their spouses, and individuals without a fixed physical residence, and updates identification requirements for background checks.
Mike Rounds
Senator
SD
The "Traveler's Gun Rights Act" clarifies the definition of "State of residence" for firearm purchases, particularly for military personnel and those without a fixed residence. It allows active duty military members and their spouses to purchase firearms in the state of their permanent duty station or where they commute from, and individuals without a physical residence to use the location of their private mailbox or post office box. The bill also updates background check requirements to accommodate these new definitions, ensuring accurate identification of firearm transferees.
This proposed legislation, the 'Traveler's Gun Rights Act,' updates the federal definition of 'State of residence' specifically for firearm transactions. It essentially changes the rules about where certain individuals can legally purchase guns, aiming to address situations for people who don't fit neatly into the traditional 'one state, one home' box.
So, what's actually changing? The bill amends Title 18, Section 921 of the U.S. Code. Here’s the breakdown:
The bill also adjusts the background check process (Section 922(t)(1)(D)) to specify that the buyer's ID must show either their residence address or, if they don't have one, the address of their private mailbox or P.O. box.
These changes could have some real-world effects. For a soldier stationed hundreds of miles from their listed home state, this might simplify buying a firearm near their base. Someone who splits their year between, say, Florida and New York, might be able to purchase firearms in either state while they're residing there.
However, the provision allowing the use of a private mailbox or P.O. box for those without a fixed address introduces a new element. While potentially providing a legal avenue for firearm purchase for nomadic individuals, it also raises questions about residency verification during background checks. How effectively can a mailbox address substitute for a physical residence in confirming eligibility and preventing purchases by prohibited individuals?
The core idea seems to be adapting federal law to modern mobility, particularly for military families. But redefining residency for firearm purchases isn't simple. States have their own varying gun laws (like waiting periods or specific firearm bans). This bill could create situations where someone could legally purchase a firearm under federal law in a state with looser regulations, even if they primarily live elsewhere or are trying to bypass stricter rules in their home state. The definition of residing with 'intention of making it their home' also leaves room for interpretation, potentially leading to inconsistent application across different sellers and locations.