II 

114TH CONGRESS 

1ST SESSION S. 1823 

To safeguard military personnel on Armed Forces military installations by 

repealing bans on military personnel carrying firearms, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 21, 2015 

Mr. MORAN introduced the following bill; which was read twice and referred 

to the Committee on Armed Services 

A BILL 

To safeguard military personnel on Armed Forces military 

installations by repealing bans on military personnel carrying firearms, 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. REPEAL OF LAWS AND REGULATIONS DIS4 ARMING FIREARMS-TRAINED MILITARY PER5 SONNEL AND PROHIBITION ON REIMPOSING 

6 BANS ON MILITARY PERSONNEL CARRYING 

7 FIREARMS. 

8 (a) FINDINGS.—Congress makes the following find9 ings: 


srobinson on DSK5SPTVN1PROD with BILLS
2 

•S 1823 IS

1 (1) In the attack on the Armed Forces Recruit2 ment Center in Times Square in 2008, the attack on 

3 Fort Hood in 2009, the attack at the United States 

4 Military Recruiting Office in Little Rock in 2009, 

5 the attack at the Pentagon in 2010, the attack at 

6 the Washington Navy Yard in 2013, and the United 

7 States Army and Marine Corps Chattanooga shoot8 ings in 2015, military personnel were unable to 

9 carry firearms and respond with force. 

10 (2) Military personnel are trained in the use of 

11 firearms, with live-fire qualification and use-of-force 

12 training. 

13 (3) Military personnel are entrusted with fire14 arms and other weapons in the defense of the 

15 United States. 

16 (4) Gun-free zones on military installations and 

17 Department of Defense sites such as military re18 cruitment centers are vulnerable targets. 

19 (b) REPEAL OF LAWS AND REGULATIONS DIS20 ARMING MILITARY PERSONNEL.— 

21 (1) REPEAL.—Effective on the date of the en22 actment of this Act— 

23 (A) Army Regulation 190–14, issued on 

24 March 12, 1993, is repealed; 


srobinson on DSK5SPTVN1PROD with BILLS
3 

•S 1823 IS

1 (B) Department of Defense Directive 

2 Number 5210.56, issued on February 25, 1992, 

3 as modified on April 1, 2011, and by any subse4 quent modification, is repealed; and 

5 (C) any other prohibition in law, rule, reg6 ulation or Executive order that prohibits mili7 tary personnel from carrying a firearm on a 

8 military installation or Department of Defense 

9 site within the United States, including section 

10 1585 of title 10, United States Code (relating 

11 to carrying of firearms), section 922 of title 18, 

12 United States Code (relating to unlawful acts), 

13 and part 108.11 of title 14, Code of Federal 

14 Regulations (relating to carriage of weapons), 

15 shall have no further force or effect and may 

16 not be enforced. 

17 (2) USE OF FIREARMS.— 

18 (A) IN GENERAL.—Except as provided in 

19 subparagraph (B), effective as of the date of 

20 the enactment of this Act, military personnel 

21 shall not be prohibited from carrying firearms 

22 on military installations or Department of De23 fense sites. Military personnel carrying firearms 

24 shall adhere to CJCSI 3121.01B, Standing 

25 Rules of Engagement and Standing Rules for 


srobinson on DSK5SPTVN1PROD with BILLS
4 

•S 1823 IS

1 the Use of Force for the U.S. Forces (13 June 

2 2005) with respect to the use of firearms on 

3 military installations and Department of De4 fense sites. 

5 (B) EXCEPTION.—The commander of a 

6 military installation or Department of Defense 

7 may prohibit a member of the Armed Forces, 

8 on a case-by-case basis, from carrying firearms 

9 on the military installation or Department of 

10 Defense site if the commander determines that 

11 the prohibition with respect to the member is 

12 necessary to prevent the member from commit13 ting bodily harm to the member or others. 

14 (c) PROHIBITION ON MILITARY PERSONNEL GUN

15 BANS.— 

16 (1) DEPARTMENT OF DEFENSE.—The Sec17 retary of Defense and the Secretaries of the military 

18 departments shall not reinstate the firearm bans re19 ferred to in subsection (b) or enact similar restric20 tions prohibiting or restricting military personnel 

21 from carrying firearms. 

22 (2) PRESIDENT.—The President shall not take 

23 any executive action or promulgate any rule or issue 

24 any Executive order or regulation to prohibit mili25 tary personnel from carrying firearms. 


srobinson on DSK5SPTVN1PROD with BILLS
5 

•S 1823 IS

1 (d) REPORTING REQUIREMENT.—Not later than 90 

2 days after the date of the enactment of this Act, the Sec3 retary of Defense shall submit to Congress a report de4 scribing the actions taken to ensure compliance with this 

5 section. 

6 (e) DEFINITIONS.—In this section: 

7 (1) The term ‘‘Department of Defense sites’’ 

8 includes— 

9 (A) recruitment centers; and 

10 (B) Department of Defense facilities or as11 sets that— 

12 (i) lack or do not meet existing force 

13 protection and physical security standards 

14 as described in Department of Defense Di15 rective 5200.08–R, April 9, 2007, regard16 ing physical protection of Department of 

17 Defense personnel, installations, oper18 ations, and related resources; and 

19 (ii) do not meet Homeland Security 

20 Presidential Directive 12, Policy for a 

21 Common Identification Standard for Fed22 eral Employees and Contractors to en23 hance security, increase Government effi24 ciency, reduce identity fraud, and protect 

25 personal privacy by establishing a mandaVerDate Sep 11 2014 23:01 Jul 23, 2015 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1823.IS S1823

srobinson on DSK5SPTVN1PROD with BILLS
6 

•S 1823 IS

1 tory, Government-wide standard for secure 

2 and reliable forms of identification issued 

3 by the Federal Government to its employ4 ees and contractors (including contractor 

5 employees). 

6 (2) The term ‘‘military personnel’’ means mem7 bers of the Armed Forces, including members of the 

8 reserve components, who— 

9 (A) are serving at a duty station on a mili10 tary installation of the Department of Defense 

11 or a Department of Defense site; and 

12 (B) are trained by the Armed Forces in 

13 the use of firearms. 

Æ 


srobinson on DSK5SPTVN1PROD with BILLS