II 

111TH CONGRESS 

2D SESSION S. 3388 

To protect the rights under the Second Amendment to the Constitution 

of the United States of members of the Armed Forces and civilian 

employees of the Department of Defense by prohibiting the Department 

of Defense from requiring the registration of privately owned firearms, 

ammunition, or other weapons not stored in facilities owned or operated 

by the Department of Defense, and by prohibiting the Department of 

Defense from infringing on the right of individuals to lawfully acquire, 

possess, own, carry, or otherwise use privately owned firearms, ammunition, or other weapons on property not owned or operated by the Department of Defense. 

IN THE SENATE OF THE UNITED STATES 

MAY 20, 2010 

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

to the Committee on Armed Services 

A BILL 

To protect the rights under the Second Amendment to the 

Constitution of the United States of members of the 

Armed Forces and civilian employees of the Department 

of Defense by prohibiting the Department of Defense 

from requiring the registration of privately owned firearms, ammunition, or other weapons not stored in facilities owned or operated by the Department of Defense, 

and by prohibiting the Department of Defense from infringing on the right of individuals to lawfully acquire, 

possess, own, carry, or otherwise use privately owned 


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•S 3388 IS

firearms, ammunition, or other weapons on property not 

owned or operated by the Department of Defense. 

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 ‘‘Service Member Sec5 ond Amendment Protection Act of 2010’’. 

6 SEC. 2. PROHIBITION ON INFRINGING ON THE INDIVIDUAL 

7 RIGHT TO LAWFULLY ACQUIRE, POSSESS, 

8 OWN, CARRY, AND OTHERWISE USE PRI9 VATELY OWNED FIREARMS, AMMUNITION, 

10 AND OTHER WEAPONS. 

11 (a) IN GENERAL.—Except as provided in subsection 

12 (c), the Secretary of Defense may not prohibit, issue any 

13 requirement relating to, or collect or record any informa14 tion relating to, the otherwise lawful acquisition, posses15 sion, ownership, carrying, or other use of a privately 

16 owned firearm, privately owned ammunition, or another 

17 privately owned weapon by a member of the Armed Forces 

18 or civilian employee of the Department of Defense on 

19 property that is not owned or operated by the Department 

20 of Defense. 

21 (b) EXISTING REGULATIONS AND RECORDS.— 

22 (1) REGULATIONS.—Any regulation promul23 gated before the date of enactment of this Act that 


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•S 3388 IS

1 requires conduct prohibited by this section is null 

2 and void and shall have no force or effect. 

3 (2) RECORDS.—Not later than 90 days after 

4 the date of enactment of this Act, the Secretary of 

5 Defense shall destroy any record containing informa6 tion described in subsection (a) that was collected 

7 before the date of enactment of this Act. 

8 (c) RULE OF CONSTRUCTION.—Subsection (a) shall 

9 not be construed to limit the authority of the Secretary 

10 of Defense to— 

11 (1) regulate the possession, carrying, or other 

12 use of a firearm, ammunition, or other weapon by a 

13 member of the Armed Forces or civilian employee of 

14 the Department of Defense while— 

15 (A) engaged in official duties on behalf of 

16 the Department of Defense; or 

17 (B) wearing the uniform of an Armed 

18 Force; or 

19 (2) create or maintain records relating to an in20 vestigation, prosecution, or adjudication of an al21 leged violation of law (including regulations) not 

22 prohibited under subsection (a). 

Æ 


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