Veterans' Heritage Firearms Act of 2005 - Provides a 90-day amnesty period during which veterans and their family members can register in the National Firearms Registration and Transfer Record any firearm acquired before October 31, 1968, by a veteran while a member of the armed forces stationed outside the continental United States. Grants such an individual limited immunity under the Federal criminal code and the Internal Revenue Code with respect to the acquisition, possession, transportation, or alteration of such firearm before or concurrent with such registration. Extends such immunity to a veteran who attempts to register a qualifying firearm outside of the amnesty period if the veteran surrenders the firearm within 30 days after being notified of potential criminal liability for continued possession.
Requires the Attorney General to: (1) transfer each firearm qualifying as a curio or relic which has been forfeited to the United States to the first qualified museum that requests it; and (2) publish information identifying each such firearm which is available to be transferred to a museum. Prohibits the Attorney General from destroying any such firearm which has been forfeited until five years after the forfeiture. Requires that any firearm transferred to a qualified museum be registered to the transferee.
Makes a prohibition against transfer or possession of a machine-gun inapplicable to a transfer to or by, or possession by, a museum which is open to the public and incorporated as a not-for-profit corporation under applicable State law.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2088 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 2088
To provide an amnesty period during which veterans and their family
members can register certain firearms in the National Firearms
Registration and Transfer Record, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 4, 2005
Mr. Gibbons (for himself, Mr. Otter, Mr. Kennedy of Minnesota, Mr.
Sessions, Mr. Jones of North Carolina, Mr. Miller of Florida, Mr.
Cannon, Mr. Burton of Indiana, Mr. Goode, Mr. Kingston, Mr. Bradley of
New Hampshire, Mr. Terry, Mr. Baker, Mr. Whitfield, Mr. Barrett of
South Carolina, Mr. Bachus, Mr. Boozman, Mr. Tiberi, Mr. Bishop of
Utah, Mr. Wilson of South Carolina, Mr. Barton of Texas, Mr. Duncan,
Mr. Shuster, Mr. Hostettler, Mr. McCotter, Mr. Hefley, Mr. Issa, Mr.
Simpson, Mr. Tancredo, Mr. Shimkus, Mr. Pearce, Mr. King of Iowa, Mr.
Peterson of Pennsylvania, Mr. Salazar, Mr. Kuhl of New York, Mr. Hall,
Mr. Mollohan, Mr. Franks of Arizona, Mr. Souder, Mr. Rogers of Alabama,
Mr. Akin, Mr. Burgess, Mr. Cramer, Mr. Cunningham, Mr. Bartlett of
Maryland, Mr. Ross, Mrs. Emerson, Mr. Hunter, Mr. Taylor of
Mississippi, Mr. Deal of Georgia, Mr. Herger, Mr. Feeney, Mr. Lewis of
Kentucky, and Mr. Calvert) introduced the following bill; which was
referred to the Committee on the Judiciary, and in addition to the
Committee on 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 provide an amnesty period during which veterans and their family
members can register certain firearms in the National Firearms
Registration and Transfer Record, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans' Heritage Firearms Act of
2005''.
SEC. 2. AMNESTY PERIOD FOR VETERANS TO REGISTER QUALIFYING FIREARMS.
(a) Registration.--Subject to such regulations as the Attorney
General may prescribe, the applicable veteran or a member of such a
veteran's family, who owns and possesses a qualifying firearm, may
register such firearm in the National Firearms Registration and
Transfer Record (described in section 5841 of the Internal Revenue Code
of 1986) during the amnesty period.
(b) Qualifying Firearm.--
(1) In general.--For purposes of this section, the term
``qualifying firearm'' means any firearm which was acquired--
(A) before October 31, 1968; and
(B) by a veteran, while such veteran was a member
of the Armed Forces and was stationed outside the
continental United States.
(2) Presumption of validity.--With respect to any firearm,
in the absence of clear and convincing evidence to the contrary
the Attorney General shall accept as true and accurate any
affidavit, document, or other evidence submitted by an
individual to establish that such firearm meets the
requirements of paragraph (1).
(c) Hearings.--If the Attorney General determines that any
individual may not register a firearm under subsection (a) during the
amnesty period, the Attorney General, upon the request of such
individual, shall--
(1) provide such individual any evidence on which the
Attorney General's decision is based; and
(2) promptly hold a hearing to review such determination.
(d) Limited Immunity.--
(1) Criminal liability under title 18.--Any individual who
registers a firearm under subsection (a)--
(A) shall be treated, for purposes of subsections
(a)(3) and (o) of section 922 of title 18, United
States Code, as having lawfully acquired and possessed
the firearm before the date of the enactment of chapter
44 of such title and each of such chapter's provisions;
and
(B) shall not be liable under chapter 44 of title
18, United States Code, for any violation of such
chapter which--
(i) is based solely on such individual's
ownership, possession, transportation,
importation, or alteration of such firearm; and
(ii) occurred before or concurrent with
such registration.
(2) Criminal liability under internal revenue code.--Except
as provided in paragraph (3), any individual who registers a
firearm under subsection (a) shall not be liable under chapter
53 or 75 of the Internal Revenue Code of 1986 for any violation
of such chapters which relates to such firearm and which
occurred before or concurrent with such registration.
(3) Transfer tax liability.--Paragraph (2) shall not affect
the liability of any individual for any transfer tax imposed
under section 5811 of the Internal Revenue Code of 1986.
(4) Attempts to register.--In the case of an applicable
veteran or a member of such a veteran's family who attempts to
register a qualifying firearm in the National Firearms
Registration and Transfer Record at a time other than during
the amnesty period, paragraphs (1), (2), and (3) shall apply
with respect to such individual if such individual surrenders
such firearm to a law enforcement agency not later than 30 days
after notification by the Attorney General of potential
criminal liability for continued possession of the firearm.
(e) Forfeiture.--Any firearm registered under subsection (a) shall
not be subject to seizure or forfeiture under chapter 53 or 75 of the
Internal Revenue Code or chapter 44 of title 18, United States Code,
for any violation of such chapters which relates to such firearm and
which occurred before or concurrent with such registration.
(f) Notice; Forms; Mailbox Rule.--
(1) Notice of amnesty period.--The Attorney General shall
provide clear printed notices providing information regarding
the amnesty period and registering a firearm during such
period. To the extent feasible, the Attorney General shall
ensure that such notices are posted in post offices, law
enforcement buildings, buildings of the Department of Veterans
Affairs, and in the businesses of licensed firearms dealers.
(2) Forms.--The Attorney General shall make available any
forms necessary for registering a firearm in the National
Firearms Registration and Transfer Record. To the extent
feasible, the Attorney General shall make such forms available
in the locations referred to in paragraph (1) and through the
website for the Bureau of Alcohol, Tobacco, Firearms, and
Explosives.
(3) Mailbox rule.--For purposes of this section, the
Attorney General shall treat any form that is postmarked during
the amnesty period as received during the amnesty period.
(g) Definitions.--For purposes of this section:
(1) Amnesty period.--The term ``amnesty period'' means the
90-day period beginning on the date that is 90 days after the
date of the enactment of this Act.
(2) Firearm.--The term ``firearm'' has the meaning given
such term in section 5845 of the Internal Revenue Code of 1986,
except that such term does not include--
(A) any device described in subsection (f)(1) of
such section; or
(B) any combination of parts--
(i) designed or intended for use in
converting any device into a device described
in subparagraph (A); or
(ii) from which a device described in
subparagraph (A) may be readily assembled.
(3) Applicable veteran.--With respect to any firearm, the
term ``applicable veteran'' means the veteran described in
subsection (b)(1)(B).
(4) Veteran.--The term ``veteran'' has the meaning given
such term in section 101(2) of title 38, United States Code.
(5) Family.--The term ``family'' means, with respect to a
veteran, the grandparents of such veteran, the grandparents of
such veteran's spouse, the lineal descendants of such
grandparents, and any spouse of such a lineal descendant. A
spouse of an individual who is legally separated from such
individual under a decree of divorce or separate maintenance
shall be treated as such individual's spouse for purposes of
this paragraph. Individuals related by the half blood or by
legal adoption shall be treated as if they were related by the
whole blood for purposes of this paragraph.
(6) Continental united states.--The term ``continental
United States'' means the several States and the District of
Columbia, but does not include Alaska or Hawaii.
SEC. 3. TRANSFER OF FIREARMS TO MUSEUMS.
(a) Transfer of Forfeited Firearms to Museums.--
(1) In general.--The Attorney General shall transfer each
firearm which has been forfeited to the United States to the
first qualified museum that submits a request for such firearm
in such form and manner as the Attorney General may specify.
(2) Destruction of forfeited firearms prohibited.--The
Attorney General shall not destroy any firearm which has been
forfeited to the United States until the end of the 5-year
period beginning on the date of such forfeiture.
(3) Catalogue of firearms.--With respect to each firearm
which is available to be transferred to a museum under
paragraph (1), the Attorney General shall, not later than 60
days after the forfeiture of such firearm, publish information
which identifies such firearm (including a picture) on the web
page of the Bureau of Alcohol, Tobacco, Firearms, and
Explosives. Such information shall be available to the public
without cost and without restriction.
(4) Registration of firearms.--Any firearm transferred
under paragraph (1) to a qualified museum shall be registered
to the transferee in the National Firearms Registration and
Transfer Record (described in section 5841 of the Internal
Revenue Code of 1986).
(5) Firearm.--For purposes of this subsection, the term
``firearm'' means any firearm (as defined in section 2(g)(2))
which is treated as a curio or relic under chapter 44 of title
18, United States Code.
(6) Qualified museum.--For purposes of this subsection, the
term ``qualified museum'' means--
(A) any museum owned or operated by a unit of
Federal, State, or local government; and
(B) any museum which--
(i) is open to the public;
(ii) is incorporated as not-for-profit
corporation under applicable state law;
(iii) may possess a firearm in the
collection of the museum under the laws of the
State in which the collection of the museum is
displayed;
(iv) holds a license under chapter 44 of
title 18, United States Code, as a collector of
curios or relics; and
(v) certifies to the Attorney General
that--
(I) the museum is not engaged in
the trade or business of buying or
selling firearms,
(II) with respect to the transfer
of any firearm under paragraph (1), the
museum is not requesting the transfer
of such firearm for purpose of sale,
and
(III) the museum shall, not later
than 90 days after the date on which
such museum ceases operations, file an
application pursuant to chapter 53 of
the Internal Revenue Code of 1986 to
transfer any machinegun transferred to
the museum under paragraph (1) to an
entity or person who may lawfully
possess such machinegun under section
922(o) of title 18, United States Code,
or abandon such machinegun to Federal,
State, or local law enforcement
authorities.
(b) Transfer of Machineguns to Museums.--Section 922(o)(2) of title
18, United States Code, is amended--
(1) in subparagraph (A), by striking ``or'' at the end;
(2) by redesignating subparagraph (B) as subparagraph (C);
and
(3) by inserting after subparagraph (A) the following new
subparagraph:
``(B) a transfer to or by, or possession by, a museum which
is open to the public and incorporated as a not-for-profit
corporation under applicable State law; or''.
<all>
Introduced in House
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committee on 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.
Referred to the Committee on the Judiciary, and in addition to the Committee on 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.
Referred to the Committee on the Judiciary, and in addition to the Committee on 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.
Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
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