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Amends subsection (a) by adding new paragraphs (38) and (39) to define the terms 'State of residence' and 'resident', specifying rules for (i) the State in which an individual resides, (ii) rules for active duty members of the Armed Forces (permanent duty station and place of abode from which the member commutes), and (iii) individuals without a physical residence (State of private mailbox or post office box). Also clarifies residency rules for individuals present in a State with intent to make a home and for individuals maintaining homes in more than one State.
Strikes the existing text of subsection 922(t)(1)(D) and replaces it with a requirement that a transferee identification contain (i) a photograph of the transferee and (ii) either the address of the transferee's residence or the address for a private mailbox/post office box maintained by the transferee if the transferee does not have a physical residence in any State.
Adds a legal definition of “State of residence” (including special rules for active‑duty military and people without a physical home) and changes what identification information transferees must provide in the national background‑check system. Transferees will now need to submit a photograph and either a residential address or, if they have no physical residence, a private mailbox/PO box address.
Adds a new definition of “State of residence” to Section 921 of title 18, United States Code. The definition covers three primary situations: (i) the State in which an individual resides; (ii) special rules for active duty Armed Forces members (and their spouses) related to permanent duty station and place of abode used for commuting; and (iii) for individuals without a physical residence, the State where the individual maintains a private mailbox or post office box. It also includes rules about when an individual is considered to reside in a State and how multi-State homes are treated.
(38)(A)(i) Defines “State of residence” as the State in which an individual resides.
(38)(A)(ii)(I) For an active duty member of the Armed Forces (or the spouse of such a member), the State of residence includes the State where the member’s permanent duty station is located.
(38)(A)(ii)(II) For an active duty member of the Armed Forces (or the spouse), the State of residence also includes the State where the member maintains a place of abode from which the member commutes each day to the permanent duty station.
(38)(A)(iii) For an individual who does not have a physical residence in any State, the State of residence is the State where the individual maintains a private mailbox or post office box.
Who is affected and how:
Individuals undergoing transfers that trigger the national background‑check system: They must now provide a photograph and either a residential address or a private mailbox/PO box if they lack a physical residence. That raises small additional burdens when completing intake, but also provides a clear alternative for people without a fixed address.
Homeless individuals and others without a physical residence: The allowance for a private mailbox/PO box reduces a procedural barrier that could otherwise block completing a background check tied to a residence requirement.
Active‑duty military members: The new definition of State of residence includes rules that apply to active‑duty personnel, clarifying which State counts as their residence for background‑check purposes (reducing uncertainty and inconsistent treatment).
Federal/state agencies and background‑check system operators: Must update forms, databases, training, and verification processes to collect and securely store photographs and the permitted address types. This may require IT changes, updated guidance, and staff training; no dedicated funding is included in the provided text.
Privacy and data‑security stakeholders: Collecting photographs increases sensitivity of the data in the background‑check system and may require enhanced protections, access controls, retention rules, and breach‑mitigation practices.
Overall effect: The change is a targeted, procedural clarification that standardizes residency rules and the required identity information for transferees in the background‑check process. It eases access for people without a fixed address but requires modest administrative and IT updates and raises routine privacy/data‑security considerations.
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Read twice and referred to the Committee on the Judiciary.
Introduced March 11, 2025 by Marion Michael Rounds · Last progress March 11, 2025
Read twice and referred to the Committee on the Judiciary.
Introduced in Senate