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 deal-
ers 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 consider-
ation of such provisions as fall within the jurisdiction of the committee 
concerned 
A BILL 
To direct the Secretary of Homeland Security to issue guid-
ance to identify firearms business operations of licensed 
manufacturers and licensed dealers as essential busi-
nesses during certain national emergencies, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Second Amendment 
Protection Act’’. 
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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 li-
censed 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 Emer-
gency declared under section 201 of the National Emer-
gencies Act (50 U.S.C. 1622) or a major disaster declared 
under section 401 of the Robert T. Stafford Disaster Re-
lief 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 insert-
ing ‘‘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)— 
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(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 manufac-
turer, or licensed dealer to a person not licensed 
under this chapter, at a temporary location de-
scribed in subsection (j) in any State.’’. 
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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 RES-
IDENCE AND IN THE STATE IN WHICH STA-
TIONED. 
Section 921 of title 18, United States Code, is 
amended by striking subsection (b) and inserting the fol-
lowing: 
‘‘(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 main-
tains legal residence; 
‘‘(B) the State in which the permanent 
duty station of the member is located; and 
‘‘(C) the State in which the member main-
tains a place of abode from which the member 
commutes each day to the permanent duty sta-
tion. 
‘‘(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 ex-
ceeding 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.’’. 
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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: 
‘‘§ 926D. Reciprocity for the carrying of certain con-
cealed 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 car-
rying 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 con-
cealed 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 
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‘‘(2) does not prohibit the carrying of concealed 
firearms by residents of the State for lawful pur-
poses. 
‘‘(b) This section shall not be construed to supersede 
or limit the laws of any State that— 
‘‘(1) permit private persons or entities to pro-
hibit or restrict the possession of concealed firearms 
on their property; or 
‘‘(2) prohibit or restrict the possession of fire-
arms on any State or local government property, in-
stallation, 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, transpor-
tation, 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 
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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, privi-
lege, 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 author-
ity of the United States Government, a State, or a 
political subdivision of a State which, when com-
pleted with information concerning a particular indi-
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vidual, 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 hand-
gun. 
‘‘(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.’’. 
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(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 pro-
vision 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 cir-
cumstance 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 cir-
cumstances 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: 
‘‘§ 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 
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containing a photograph of the person, and who is car-
rying 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 de-
vice) 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 pro-
hibit or restrict the possession of handguns on their 
property; or 
‘‘(2) prohibit or restrict the possession of hand-
guns on any State or local government property, in-
stallation, building, base, or park. 
‘‘(c)(1) A person who carries or possesses a handgun 
in accordance with subsections (a) and (b) may not be ar-
rested or otherwise detained for violation of any law or 
any rule or regulation of a State or any political subdivi-
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sion thereof related to the possession, transportation, or 
carrying of firearms unless there is probable cause to be-
lieve that the person is doing so in a manner not provided 
for by this section. Presentation of facially valid docu-
ments 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, privi-
lege, 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. 
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‘‘(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 author-
ity of the United States Government, a State, or a 
political subdivision of a State which, when com-
pleted with information concerning a particular indi-
vidual, 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 prohibi-
tions 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 fol-
lowing 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. 
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‘‘(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 pro-
vision 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 cir-
cumstance 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 cir-
cumstances 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. 
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SEC. 7. TAX CREDIT FOR FIREARM SAFETY COURSES AND 
FIREARM SAFETY STORAGE DEVICES. 
(a) IN GENERAL.—Subpart A of part IV of sub-
chapter A of chapter 1 of the Internal Revenue Code of 
1986 is amended by inserting after section 25D the fol-
lowing 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 ex-
penditures of the taxpayer for the taxable year as does 
not exceed $2,000. 
‘‘(b) 
QUALIFIED
FIREARM
SAFETY
EXPENDI-
TURES.—For purposes of this section— 
‘‘(1) IN GENERAL.—The term ‘qualified firearm 
safety expenditures’ means an amount paid or in-
curred 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 safe-
ty course which is completed by the taxpayer. 
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‘‘(2) FIREARM SAFETY STORAGE DEVICE.—The 
term ‘firearm safety storage device’ means any de-
vice— 
‘‘(A) the principal purpose of which is de-
nying unauthorized access to, or rendering in-
operable, a firearm or ammunition, and 
‘‘(B) which, when locked, can only be 
opened by combination, key, or biometric infor-
mation. 
‘‘(3) FIREARM
SAFETY
COURSE.—A course 
shall not be treated as a firearm safety course for 
purposes of this section unless such course is cer-
tified 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 relat-
ing 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. 
Æ 
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