Protecting Gun Owners in Bankruptcy Act of 2010 - Amends federal bankruptcy law to permit an individual debtor to exempt from the property of the estate in bankruptcy the debtor's aggregate interest not to exceed $3,000 in value, in a single rifle, shotgun, or pistol or any combination of them.
Declares the date of enactment as the effective date of this Act.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5827 Introduced in House (IH)]
111th CONGRESS
2d Session
H. R. 5827
To amend title 11 of the United States Code to include firearms in the
types of property allowable under the alternative provision for
exempting property from the estate.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 22, 2010
Mr. Boccieri (for himself, Mr. Hunter, Ms. Markey of Colorado, Mr.
Owens, Mr. Rahall, Mr. Space, Mr. Murphy of New York, Mr. Kissell, Mr.
Holden, Mr. Conaway, Mr. Burton of Indiana, Mrs. Kirkpatrick of
Arizona, Mr. Young of Alaska, Mr. LaTourette, Mr. Simpson, Mr. Minnick,
Mr. Boucher, Mr. Walz, Mr. Wamp, Mr. Johnson of Illinois, Mr.
Thornberry, and Mr. Peterson) introduced the following bill; which was
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend title 11 of the United States Code to include firearms in the
types of property allowable under the alternative provision for
exempting property from the estate.
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 ``Protecting Gun Owners in Bankruptcy
Act of 2010''.
SEC. 2. EXEMPTIONS.
Section 522 of title 11, the United States Code, is amended--
(1) in subsection (d) by adding at the end the following:
``(13) A single rifle, shotgun, or pistol of any value or
any combination of rifle, shotgun, or pistol in aggregate value
not to exceed $1,500.'', and
(2) in subsection (f)(4)(A)--
(A) in clause (xiv) by striking ``and'' at the end,
(B) in clause (xv) by striking the period at the
end and inserting ``; and'', and
(C) by adding at the end the following:
``(xvi) a single rifle, shotgun, or pistol of any value or
any combination of rifle, shotgun, or pistol in aggregate value
not to exceed $1,500.''.
SEC. 3. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.
(a) Effective Date.--Except as provided in subsection (b), this Act
and the amendments made by this Act shall take effect on the date of
the enactment of this Act.
(b) Application of Amendments.--The amendments made by this Act
shall apply only with respect to cases commenced under title 11 of the
United States Code on or after the date of the enactment of this Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Mr. Scott (VA) moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H6137-6139)
DEBATE - The House proceeded with forty minutes of debate on H.R. 5827.
At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
Considered as unfinished business. (consideration: CR H6215-6216)
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 307 - 113 (Roll no. 479).(text: CR 7/27/2010 H6137)
Roll Call #479 (House)On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 307 - 113 (Roll no. 479). (text: CR 7/27/2010 H6137)
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Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate.
Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 552.
Referred to the Subcommittee on Commercial and Administrative Law.