I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Second Amendment 

5 Protection Act’’. 


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1 SEC. 2. GUIDANCE ON ESSENTIAL BUSINESS. 

2 Not later than 180 days after the date of enactment 

3 of this Act, the Secretary of Homeland Security shall issue 

4 guidance to identify firearms business operations of li5 censed manufacturers and licensed dealers, as such terms 

6 are defined in section 921(a) of title 18, United States 

7 Code, as essential businesses for purposes of any State 

8 or local government order relating to a National Emer9 gency declared under section 201 of the National Emer10 gencies Act (50 U.S.C. 1622) or a major disaster declared 

11 under section 401 of the Robert T. Stafford Disaster Re12 lief and Emergency Assistance Act (42 U.S.C. 5170a). 

13 SEC. 3. AUTHORITY TO CONDUCT INTERSTATE FIREARMS 

14 TRANSACTIONS. 

15 (a) FIREARMS DISPOSITIONS.—Section 922(b)(3)(A) 

16 of title 18, United States Code, is amended— 

17 (1) by striking ‘‘rifle or shotgun’’ and inserting 

18 ‘‘firearm’’; 

19 (2) by striking ‘‘located’’ and inserting ‘‘located 

20 or temporarily located’’; and 

21 (3) by striking ‘‘both such States’’ and insert22 ing ‘‘the State in which the transfer is conducted 

23 and the State of residence of the transferee’’. 

24 (b) DEALER LOCATION.—Section 923 of such title is 

25 amended— 

26 (1) in subsection (j)— 


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1 (A) in the first sentence, by striking ‘‘, and 

2 such location is in the State which is specified 

3 on the license’’; and 

4 (B) in the last sentence— 

5 (i) by inserting ‘‘transfer,’’ after 

6 ‘‘sell,’’; and 

7 (ii) by striking all that follows ‘‘Act’’ 

8 and inserting a period; and 

9 (2) by adding at the end the following: 

10 ‘‘(m) Nothing in this chapter shall be construed to 

11 prohibit the sale, transfer, delivery, or other disposition 

12 of a firearm or ammunition— 

13 ‘‘(1) by a person licensed under this chapter to 

14 another person so licensed, at any location in any 

15 State; or 

16 ‘‘(2) by a licensed importer, licensed manufac17 turer, or licensed dealer to a person not licensed 

18 under this chapter, at a temporary location de19 scribed in subsection (j) in any State.’’. 


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1 SEC. 4. ALLOWING A MEMBER OF THE ARMED FORCES ON 

2 ACTIVE DUTY, OR A SPOUSE OF THE MEMBER 

3 TO OWN A FIREARM IN THEIR PLACE OF RES4 IDENCE AND IN THE STATE IN WHICH STA5 TIONED. 

6 Section 921 of title 18, United States Code, is 

7 amended by striking subsection (b) and inserting the fol8 lowing: 

9 ‘‘(b) For purposes of this chapter: 

10 ‘‘(1) A member of the Armed Forces on active 

11 duty, or a spouse of the member, is a resident of— 

12 ‘‘(A) the State in which the person main13 tains legal residence; 

14 ‘‘(B) the State in which the permanent 

15 duty station of the member is located; and 

16 ‘‘(C) the State in which the member main17 tains a place of abode from which the member 

18 commutes each day to the permanent duty sta19 tion. 

20 ‘‘(2) An officer or employee of the United 

21 States (other than a member of the Armed Forces) 

22 stationed outside the United States for a period ex23 ceeding one year, or a spouse residing with such an 

24 officer or employee, is a resident of the State in 

25 which the person maintains legal residence.’’. 


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1 SEC. 5. RECIPROCITY FOR THE CARRYING OF CERTAIN 

2 CONCEALED FIREARMS. 

3 (a) IN GENERAL.—Chapter 44 of title 18, United 

4 States Code, is amended by inserting after section 926C 

5 the following: 

6 ‘‘§ 926D. Reciprocity for the carrying of certain con7 cealed firearms 

8 ‘‘(a) Notwithstanding any provision of the law of any 

9 State or political subdivision thereof (except as provided 

10 in subsection (b)) and subject only to the requirements 

11 of this section, a person who is not prohibited by Federal 

12 law from possessing, transporting, shipping, or receiving 

13 a firearm, who is carrying a valid identification document 

14 containing a photograph of the person, and who is car15 rying a valid license or permit which is issued pursuant 

16 to the law of a State and which permits the person to 

17 carry a concealed firearm or is entitled to carry a con18 cealed firearm in the State in which the person resides, 

19 may possess or carry a concealed handgun (other than a 

20 machine gun or destructive device) that has been shipped 

21 or transported in interstate or foreign commerce, in any 

22 State that— 

23 ‘‘(1) has a statute under which residents of the 

24 State may apply for a license or permit to carry a 

25 concealed firearm; or 


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1 ‘‘(2) does not prohibit the carrying of concealed 

2 firearms by residents of the State for lawful pur3 poses. 

4 ‘‘(b) This section shall not be construed to supersede 

5 or limit the laws of any State that— 

6 ‘‘(1) permit private persons or entities to pro7 hibit or restrict the possession of concealed firearms 

8 on their property; or 

9 ‘‘(2) prohibit or restrict the possession of fire10 arms on any State or local government property, in11 stallation, building, base, or park. 

12 ‘‘(c)(1) A person who carries or possesses a concealed 

13 handgun in accordance with subsections (a) and (b) may 

14 not be arrested or otherwise detained for violation of any 

15 law or any rule or regulation of a State or any political 

16 subdivision thereof related to the possession, transpor17 tation, or carrying of firearms unless there is probable 

18 cause to believe that the person is doing so in a manner 

19 not provided for by this section. Presentation of facially 

20 valid documents as specified in subsection (a) is prima 

21 facie evidence that the individual has a license or permit 

22 as required by this section. 

23 ‘‘(2) When a person asserts this section as a defense 

24 in a criminal proceeding, the prosecution shall bear the 

25 burden of proving, beyond a reasonable doubt, that the 


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1 conduct of the person did not satisfy the conditions set 

2 forth in subsections (a) and (b). 

3 ‘‘(3) When a person successfully asserts this section 

4 as a defense in a criminal proceeding, the court shall 

5 award the prevailing defendant a reasonable attorney’s 

6 fee. 

7 ‘‘(d)(1) A person who is deprived of any right, privi8 lege, or immunity secured by this section, under color of 

9 any statute, ordinance, regulation, custom, or usage of any 

10 State or any political subdivision thereof, may bring an 

11 action in any appropriate court against any other person, 

12 including a State or political subdivision thereof, who 

13 causes the person to be subject to the deprivation, for 

14 damages or other appropriate relief. 

15 ‘‘(2) The court shall award a plaintiff prevailing in 

16 an action brought under paragraph (1) damages and such 

17 other relief as the court deems appropriate, including a 

18 reasonable attorney’s fee. 

19 ‘‘(e) In subsection (a): 

20 ‘‘(1) The term ‘identification document’ means 

21 a document made or issued by or under the author22 ity of the United States Government, a State, or a 

23 political subdivision of a State which, when com24 pleted with information concerning a particular indiVerDate Sep 11 2014 03:06 May 01, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1691.IH H1691

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1 vidual, is of a type intended or commonly accepted 

2 for the purpose of identification of individuals. 

3 ‘‘(2) The term ‘handgun’ includes any magazine 

4 for use in a handgun and any ammunition loaded 

5 into the handgun or its magazine. 

6 ‘‘(f)(1) A person who possesses or carries a concealed 

7 handgun under subsection (a) shall not be subject to the 

8 prohibitions of section 922(q) with respect to that hand9 gun. 

10 ‘‘(2) A person possessing or carrying a concealed 

11 handgun in a State under subsection (a) may do so in 

12 any of the following areas in the State that are open to 

13 the public: 

14 ‘‘(A) A unit of the National Park System. 

15 ‘‘(B) A unit of the National Wildlife Refuge 

16 System. 

17 ‘‘(C) Public land under the jurisdiction of the 

18 Bureau of Land Management. 

19 ‘‘(D) Land administered and managed by the 

20 Army Corps of Engineers. 

21 ‘‘(E) Land administered and managed by the 

22 Bureau of Reclamation. 

23 ‘‘(F) Land administered and managed by the 

24 Forest Service.’’. 


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1 (b) CLERICAL AMENDMENT.—The table of sections 

2 for such chapter is amended by inserting after the item 

3 relating to section 926C the following: 

‘‘926D. Reciprocity for the carrying of certain concealed firearms.’’. 

4 (c) SEVERABILITY.—Notwithstanding any other pro5 vision of this Act, if any provision of this section, or any 

6 amendment made by this section, or the application of 

7 such provision or amendment to any person or cir8 cumstance is held to be unconstitutional, this section and 

9 amendments made by this section and the application of 

10 such provision or amendment to other persons or cir11 cumstances shall not be affected thereby. 

12 (d) EFFECTIVE DATE.—The amendments made by 

13 this section shall take effect 90 days after the date of the 

14 enactment of this Act. 

15 SEC. 6. RECIPROCITY FOR THE CARRYING OF HANDGUNS. 

16 (a) IN GENERAL.—Chapter 44 of title 18, United 

17 States Code, is further amended by inserting after section 

18 926D the following: 

19 ‘‘§ 926E. Reciprocity for the carrying of handguns 

20 ‘‘(a) Notwithstanding any provision of the law of any 

21 State or political subdivision thereof (except as provided 

22 in subsection (b)) and subject only to the requirements 

23 of this section, a person who is not prohibited by Federal 

24 law from possessing, transporting, shipping, or receiving 

25 a firearm, who is carrying a valid identification document 


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1 containing a photograph of the person, and who is car2 rying a valid license or permit which is issued pursuant 

3 to the law of a State and which permits the person to 

4 carry a handgun or is entitled to carry a handgun in the 

5 State in which the person resides, may possess or carry 

6 a handgun (other than a machine gun or destructive de7 vice) that has been shipped or transported in interstate 

8 or foreign commerce, in any State that— 

9 ‘‘(1) has a statute under which residents of the 

10 State may apply for a license or permit to carry a 

11 handgun; or 

12 ‘‘(2) does not prohibit the carrying of handguns 

13 by residents of the State for lawful purposes. 

14 ‘‘(b) This section shall not be construed to supersede 

15 or limit the laws of any State that— 

16 ‘‘(1) permit private persons or entities to pro17 hibit or restrict the possession of handguns on their 

18 property; or 

19 ‘‘(2) prohibit or restrict the possession of hand20 guns on any State or local government property, in21 stallation, building, base, or park. 

22 ‘‘(c)(1) A person who carries or possesses a handgun 

23 in accordance with subsections (a) and (b) may not be ar24 rested or otherwise detained for violation of any law or 

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1 sion thereof related to the possession, transportation, or 

2 carrying of firearms unless there is probable cause to be3 lieve that the person is doing so in a manner not provided 

4 for by this section. Presentation of facially valid docu5 ments as specified in subsection (a) is prima facie evidence 

6 that the individual has a license or permit as required by 

7 this section. 

8 ‘‘(2) When a person asserts this section as a defense 

9 in a criminal proceeding, the prosecution shall bear the 

10 burden of proving, beyond a reasonable doubt, that the 

11 conduct of the person did not satisfy the conditions set 

12 forth in subsections (a) and (b). 

13 ‘‘(3) When a person successfully asserts this section 

14 as a defense in a criminal proceeding, the court shall 

15 award the prevailing defendant a reasonable attorney’s 

16 fee. 

17 ‘‘(d)(1) A person who is deprived of any right, privi18 lege, or immunity secured by this section, under color of 

19 any statute, ordinance, regulation, custom, or usage of any 

20 State or any political subdivision thereof, may bring an 

21 action in any appropriate court against any other person, 

22 including a State or political subdivision thereof, who 

23 causes the person to be subject to the deprivation, for 

24 damages or other appropriate relief. 


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1 ‘‘(2) The court shall award a plaintiff prevailing in 

2 an action brought under paragraph (1) damages and such 

3 other relief as the court deems appropriate, including a 

4 reasonable attorney’s fee. 

5 ‘‘(e) In subsection (a): 

6 ‘‘(1) The term ‘identification document’ means 

7 a document made or issued by or under the author8 ity of the United States Government, a State, or a 

9 political subdivision of a State which, when com10 pleted with information concerning a particular indi11 vidual, is of a type intended or commonly accepted 

12 for the purpose of identification of individuals. 

13 ‘‘(2) The term ‘handgun’ includes any magazine 

14 for use in a handgun and any ammunition loaded 

15 into the handgun or its magazine. 

16 ‘‘(f)(1) A person who possesses or carries a handgun 

17 under subsection (a) shall not be subject to the prohibi18 tions of section 922(q) with respect to that handgun. 

19 ‘‘(2) A person possessing or carrying a handgun in 

20 a State under subsection (a) may do so in any of the fol21 lowing areas in the State that are open to the public: 

22 ‘‘(A) A unit of the National Park System. 

23 ‘‘(B) A unit of the National Wildlife Refuge 

24 System. 


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1 ‘‘(C) Public land under the jurisdiction of the 

2 Bureau of Land Management. 

3 ‘‘(D) Land administered and managed by the 

4 Army Corps of Engineers. 

5 ‘‘(E) Land administered and managed by the 

6 Bureau of Reclamation. 

7 ‘‘(F) Land administered and managed by the 

8 Forest Service.’’. 

9 (b) CLERICAL AMENDMENT.—The table of sections 

10 for such chapter is further amended by inserting after the 

11 item relating to section 926D the following: 

‘‘926E. Reciprocity for the carrying of handguns.’’. 

12 (c) SEVERABILITY.—Notwithstanding any other pro13 vision of this Act, if any provision of this section, or any 

14 amendment made by this section, or the application of 

15 such provision or amendment to any person or cir16 cumstance is held to be unconstitutional, this section and 

17 amendments made by this section and the application of 

18 such provision or amendment to other persons or cir19 cumstances shall not be affected thereby. 

20 (d) EFFECTIVE DATE.—The amendments made by 

21 this section shall take effect 90 days after the date of the 

22 enactment of this Act. 


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1 SEC. 7. TAX CREDIT FOR FIREARM SAFETY COURSES AND 

2 FIREARM SAFETY STORAGE DEVICES. 

3 (a) IN GENERAL.—Subpart A of part IV of sub4 chapter A of chapter 1 of the Internal Revenue Code of 

5 1986 is amended by inserting after section 25D the fol6 lowing new section: 

7 ‘‘SEC. 25E. FIREARM SAFETY CREDIT. 

8 ‘‘(a) IN GENERAL.—In the case of an individual, 

9 there shall be allowed as a credit against the tax imposed 

10 by this chapter for the taxable year an amount equal to 

11 5 percent of so much of the qualified firearm safety ex12 penditures of the taxpayer for the taxable year as does 

13 not exceed $2,000. 

14 ‘‘(b) QUALIFIED FIREARM SAFETY EXPENDI15 TURES.—For purposes of this section— 

16 ‘‘(1) IN GENERAL.—The term ‘qualified firearm 

17 safety expenditures’ means an amount paid or in18 curred by the taxpayer— 

19 ‘‘(A) for the purchase of a firearm safety 

20 storage device the first use of which is by the 

21 taxpayer, or 

22 ‘‘(B) which is required for enrollment and 

23 attendance by the taxpayer in any firearm safe24 ty course which is completed by the taxpayer. 


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1 ‘‘(2) FIREARM SAFETY STORAGE DEVICE.—The 

2 term ‘firearm safety storage device’ means any de3 vice— 

4 ‘‘(A) the principal purpose of which is de5 nying unauthorized access to, or rendering in6 operable, a firearm or ammunition, and 

7 ‘‘(B) which, when locked, can only be 

8 opened by combination, key, or biometric infor9 mation. 

10 ‘‘(3) FIREARM SAFETY COURSE.—A course 

11 shall not be treated as a firearm safety course for 

12 purposes of this section unless such course is cer13 tified by the State in which it is held.’’. 

14 (b) CLERICAL AMENDMENT.—The table of sections 

15 for subpart A of part IV of subchapter A of chapter 1 

16 of such Code is amended by inserting after the item relat17 ing to section 25D the following new item: 

‘‘Sec. 25E. Firearm safety credit.’’. 

18 (c) EFFECTIVE DATE.—The amendments made by 

19 this section shall apply to taxable years beginning after 

20 the date of the enactment of this Act. 

Æ 


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