II 

118TH CONGRESS 

2D SESSION S. 4972 

To revise various laws that interfere with the lawful use of firearms and 

to promote America’s firearms heritage. 

IN THE SENATE OF THE UNITED STATES 

AUGUST 1, 2024 

Ms. LUMMIS (for herself, Mr. BARRASSO, and Mrs. HYDE-SMITH) introduced 

the following bill; which was read twice and referred to the Committee 

on Finance 

A BILL 

To revise various laws that interfere with the lawful use 

of firearms and to promote America’s firearms heritage. 

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 ‘‘Lawful Purpose and 

5 Historical Firearms Act’’. 

6 SEC. 2. RETURN OF HISTORICAL FIREARMS AND AMEND7 MENTS TO ARMS EXPORT CONTROL ACT. 

8 (a) IN GENERAL.—Section 38 of the Arms Export 

9 Control Act (22 U.S.C. 2778) is amended— 


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1 (1) in subsection (a), by adding at the end the 

2 following new paragraph: 

3 ‘‘(4) Notwithstanding any other provision of this title, 

4 no officer or employee of the United States shall deny the 

5 importation of firearms or ammunition into the United 

6 States unless the firearm or ammunition is located or 

7 manufactured in a country for which— 

8 ‘‘(A) it is the policy of the United States to 

9 deny licenses and other approvals with respect to de10 fense articles and defense services originating in that 

11 country; or 

12 ‘‘(B) the United States maintains an arms em13 bargo.’’; and 

14 (2) in subsection (b)(1)— 

15 (A) in subparagraph (B)— 

16 (i) in the matter preceding clause (i), 

17 by striking ‘‘subparagraph (A)’’ and insert18 ing ‘‘subparagraph (A)(i)’’; 

19 (ii) in clause (i), by striking ‘‘Sec20 retary of the Treasury’’ and inserting ‘‘At21 torney General’’; and 

22 (iii) by striking clause (ii) and insert23 ing the following: 

24 ‘‘(ii) the person seeking to export such firearms 

25 to the United States certifies to the Attorney GenVerDate Sep 11 2014 18:23 Aug 31, 2024 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4972.IS S4972

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1 eral that the firearms are lawfully possessed by the 

2 exporter under the laws of the exporting country.’’; 

3 and 

4 (B) by adding at the end the following new 

5 subparagraph: 

6 ‘‘(D) Notwithstanding any other provision of law or 

7 regulation, any such firearms described in subparagraph 

8 (B) (other than machine guns imported for purposes other 

9 than those set forth in section 5855 of the Internal Rev10 enue Code of 1986) may be imported into the United 

11 States by an importer licensed under the provisions of 

12 chapter 44 of title 18, United States Code, without the 

13 importer or the person described in subparagraph 

14 (B)(ii)— 

15 ‘‘(i) obtaining authorization from the Depart16 ment of State or the Department of Defense for the 

17 transfer of such firearms by the person to the im18 porter; or 

19 ‘‘(ii) providing payment to the Department of 

20 State or the Department of Defense of any of the 

21 proceeds of the transfer of such firearms by the per22 son to the importer.’’. 

23 (b) EFFECTIVE DATE.—The amendments made by 

24 subsection (a) apply to the importation of firearms de25 scribed in section 38(b)(1)(B) of the Arms Export Control 


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1 Act (as amended by subsection (a) of this section) on or 

2 after the date of the enactment of this Act. 

3 SEC. 3. TRANSFERS OF NATIONAL FIREARMS ACT FIRE4 ARMS TO MUSEUMS. 

5 (a) EXEMPTION FROM PAYMENT OF NATIONAL

6 FIREARMS ACT TAX FOR FIREARMS TRANSFERRED TO

7 MUSEUMS.—Part II of subchapter B of chapter 53 of sub8 title E of the Internal Revenue Code of 1986 is amended 

9 by adding at the end the following: 

10 ‘‘SEC. 5855. EXEMPTION FROM TRANSFER TAX FOR TRANS11 FERS TO MUSEUMS. 

12 ‘‘(a) IN GENERAL.—Any firearm may be transferred 

13 to a museum without payment of the transfer tax imposed 

14 by section 5811 or issuance of a stamp required pursuant 

15 to section 5812, provided that such firearm is— 

16 ‘‘(1) appropriately secured for display by such 

17 museum, and 

18 ‘‘(2) transferred to and possessed by such mu19 seum for— 

20 ‘‘(A) the purpose of display to the public, 

21 ‘‘(B) preservation of a historical artifact, 

22 or 

23 ‘‘(C) research purposes. 

24 ‘‘(b) DEFINITIONS.—In this section— 


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1 ‘‘(1) APPROPRIATELY SECURED FOR DIS2 PLAY.— 

3 ‘‘(A) IN GENERAL.—The term ‘appro4 priately secured for display’ means, with respect 

5 to a firearm— 

6 ‘‘(i) storage which is specifically de7 signed to prevent the theft or misappro8 priation of such firearm, or 

9 ‘‘(ii) modification of such firearm in a 

10 manner which will prevent the functioning 

11 of such firearm. 

12 ‘‘(B) DISCRETION.—For purposes of sub13 paragraph (A), a museum shall have reasonable 

14 discretion with respect to the storage or modi15 fication of a firearm, which shall include, to the 

16 greatest extent possible, preservation of the his17 torical, educational, or cultural value of such 

18 firearm. 

19 ‘‘(2) MUSEUM.—The term ‘museum’ means an 

20 organization described in section 501(c)(3) and ex21 empt from tax under section 501(a) which— 

22 ‘‘(A) stores, preserves, and exhibits— 

23 ‘‘(i) objects of art, history, science, or 

24 ‘‘(ii) other objects of historical, edu25 cational or cultural value, 


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1 ‘‘(B) with respect to objects described in 

2 subparagraph (A), stores, preserves, and exhib3 its such objects on a permanent basis in a 

4 building, portion of a building, or outdoor loca5 tion, and 

6 ‘‘(C) provides museum services to the pub7 lic on a regular basis. 

8 ‘‘(c) RULE OF CONSTRUCTION.—Except in the case 

9 of a museum electing to modify a firearm pursuant to sub10 section (b)(1)(A)(ii), nothing in this section shall be con11 strued to require any firearm which is lawfully registered 

12 and possessed pursuant to the provisions of this chapter 

13 to be modified to prevent the functioning of such fire14 arm.’’. 

15 (b) AMENDMENTS TO FIREARM OWNERS’ PROTEC16 TION ACT.—Section 922(o)(2) of title 18, United States 

17 Code, is amended— 

18 (1) in subparagraph (A), by striking ‘‘or’’ at 

19 the end; 

20 (2) in subparagraph (B), by striking the period 

21 at the end and inserting ‘‘; or’’; and 

22 (3) by adding at the end the following: 

23 ‘‘(C) a transfer of a machinegun to, or posses24 sion of a machinegun by, a museum in accordance 


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1 with section 5855 of the Internal Revenue Code of 

2 1986.’’. 

3 (c) TECHNICAL AMENDMENT.—The table of sections 

4 for part II of subchapter B of chapter 53 of subtitle E 

5 of the Internal Revenue Code of 1986 is amended by add6 ing at the end the following new item: 

‘‘Sec. 5855. Exemption from transfer tax for transfers to museums.’’. 

7 (d) EFFECTIVE DATE.—The amendments made by 

8 this section shall take effect on the date of enactment of 

9 this Act. 

10 SEC. 4. IMPORTATION OF CERTAIN NATIONAL FIREARMS 

11 ACT FIREARMS. 

12 (a) IN GENERAL.—Section 5844 of the Internal Rev13 enue Code of 1986 is amended to read as follows: 

14 ‘‘SEC. 5844. IMPORTATION. 

15 ‘‘(a) IN GENERAL.—Subject to subsection (b), no 

16 firearm shall be imported or brought into the United 

17 States or any territory under its control or jurisdiction un18 less the importer— 

19 ‘‘(1) is a licensed importer (as defined in sec20 tion 921(a)(9) of title 18, United States Code), 

21 ‘‘(2) has paid the special (occupational) tax re22 quired by section 5801 for their business, and 

23 ‘‘(3) has registered as required by section 5802. 

24 ‘‘(b) NONAPPLICATION TO MACHINEGUNS.—In the 

25 case of a firearm which is a machinegun, such firearm 


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1 shall not be imported or brought into the United States 

2 or any territory under its control or jurisdiction unless the 

3 importer establishes that such firearm— 

4 ‘‘(1) is being imported or brought in for the 

5 purposes set forth in section 5855(a), or 

6 ‘‘(2) complies with the requirements established 

7 under this section (as well as any regulations pre8 scribed by the Secretary) as in effect on the day be9 fore the date of the enactment of the Lawful Pur10 pose and Historical Firearms Act. 

11 ‘‘(c) NO ADDITIONAL REQUIREMENTS.—Other than 

12 the requirements described in paragraphs (1), (2), and (3) 

13 of subsection (a) and subsection (b), the Secretary shall 

14 not establish any additional requirements or conditions 

15 through any regulation or other guidance with respect to 

16 the importation of firearms into the United States or any 

17 territory under its control or jurisdiction.’’. 

18 (b) EFFECTIVE DATE.—The amendment made by 

19 this section shall take effect on the date of enactment of 

20 this Act. 


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1 SEC. 5. PROTECTION OF SHOTGUNS, SHOTGUN SHELLS, 

2 AND LARGE CALIBER RIFLES FROM ARBI3 TRARY CLASSIFICATION AS ‘‘DESTRUCTIVE 

4 DEVICES’’. 

5 (a) AMENDMENTS TO THE NATIONAL FIREARMS

6 ACT.—Section 5845(f) of the Internal Revenue Code of 

7 1986 is amended— 

8 (1) in paragraph (2) of the first sentence, by 

9 striking ‘‘recognized as particularly suitable for 

10 sporting purposes’’ and inserting ‘‘recognized as 

11 suitable for lawful purposes’’; and 

12 (2) in the second sentence, by striking ‘‘use 

13 solely for sporting purposes’’ and inserting ‘‘use for 

14 lawful purposes’’. 

15 (b) AMENDMENTS TO TITLE 18, UNITED STATES

16 CODE.—Section 921(a)(4) of title 18, United States Code, 

17 is amended— 

18 (1) in subparagraph (B) of the 1st sentence, by 

19 striking ‘‘particularly suitable for sporting’’ and in20 serting ‘‘suitable for lawful’’; and 

21 (2) in the 2nd sentence, by striking ‘‘solely’’. 

22 SEC. 6. RIFLE AND SHOTGUN AMMUNITION. 

23 Section 921(a)(17) of title 18, United States Code, 

24 is amended— 

25 (1) in subparagraph (B)— 


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1 (A) in clause (i), by striking ‘‘may be 

2 used’’ and inserting ‘‘is designed and intended 

3 by the manufacturer or importer for use’’; and 

4 (B) in clause (ii), by inserting ‘‘by the 

5 manufacturer or importer’’ before ‘‘for use’’; 

6 and 

7 (2) in subparagraph (C), by striking ‘‘the At8 torney General finds is primarily intended to be used 

9 for sporting purposes’’ and inserting ‘‘is primarily 

10 intended by the manufacturer or importer to be used 

11 in a rifle or shotgun, a handgun projectile that is de12 signed and intended by the manufacturer or im13 porter to be used for hunting, recreational, or com14 petitive shooting’’. 

15 SEC. 7. TEMPORARY INTERSTATE LOANS FOR ALL LAWFUL 

16 PURPOSES; ELIMINATION OF RESTRICTIONS 

17 ON IMPORTATION OF FIREARMS OR AMMUNI18 TION THAT MAY OTHERWISE BE LAWFULLY 

19 POSSESSED AND SOLD IN THE UNITED 

20 STATES. 

21 (a) ELIMINATION OF PROHIBITIONS.—Section 922 of 

22 title 18, United States Code, is amended— 

23 (1) in subsection (a)— 

24 (A) in paragraph (5)(B), by striking 

25 ‘‘sporting’’; 


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1 (B) in paragraph (6), by adding ‘‘or’’ at 

2 the end; 

3 (C) by striking paragraphs (7) and (8); 

4 (D) by redesignating paragraph (9) as 

5 paragraph (7); and 

6 (E) in paragraph (7), as so redesignated, 

7 by striking ‘‘sporting’’; 

8 (2) in subsection (b)(3)(B), by striking ‘‘sport9 ing’’; and 

10 (3) by striking subsection (r). 

11 (b) LICENSING.—Section 923(e) of title 18, United 

12 States Code, is amended by striking ‘‘The Attorney Gen13 eral may, after notice and opportunity for hearing, revoke 

14 the license of a dealer who willfully transfers armor pierc15 ing ammunition.’’. 

16 (c) BROADENING OF EXCEPTIONS.— 

17 (1) IN GENERAL.—Section 925 of title 18, 

18 United States Code, is amended— 

19 (A) in subsection (a)— 

20 (i) in paragraph (3), by striking ‘‘de21 termined’’ and all that follows through the 

22 end and inserting ‘‘intended for the lawful 

23 personal use of such member or club.’’; 

24 and 


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1 (ii) in paragraph (4), by striking 

2 ‘‘(A)’’ and all that follows through ‘‘for 

3 the’’ and inserting ‘‘intended for the law4 ful’’; and 

5 (B) by striking subsections (d), (e), and (f) 

6 and inserting the following: 

7 ‘‘(d)(1) Not later than 30 days after the Attorney 

8 General receives an application therefor, the Attorney 

9 General shall authorize a firearm or ammunition to be im10 ported or brought into the United States or any possession 

11 thereof if— 

12 ‘‘(A) the firearm or ammunition is being im13 ported or brought in for scientific, research, testing, 

14 or experimentation purposes; 

15 ‘‘(B) the firearm is an unserviceable firearm 

16 (other than a machinegun as defined in section 

17 5845(b) of the Internal Revenue Code of 1986 that 

18 is readily restorable to firing condition); 

19 ‘‘(C) except as otherwise provided by this para20 graph or another provision of law, the firearm is not 

21 a machinegun, as defined in section 5845(b) of the 

22 Internal Revenue Code of 1986; 

23 ‘‘(D) the ammunition is not armor piercing am24 munition (as defined in section 921(a)(17)(B) of 


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1 this title), unless subparagraph (A), (E), (F), or (G) 

2 of this paragraph applies; 

3 ‘‘(E) the firearm or ammunition is being im4 ported or brought in for the use of the United 

5 States, any department or agency of the United 

6 States, any State, or any department, agency, or po7 litical subdivision of a State; 

8 ‘‘(F) the firearm or ammunition is being im9 ported or brought in for the purpose of exportation; 

10 ‘‘(G) the firearm or ammunition was previously 

11 taken out of the United States or a possession there12 of by the person who is bringing in the firearm or 

13 ammunition; 

14 ‘‘(H) the firearm is a firearm defined as curio 

15 or relic by the Attorney General under section 

16 921(a)(13) of this title; or 

17 ‘‘(I) the firearm is being imported or brought in 

18 by a museum (as defined in section 5855 of the In19 ternal Revenue Code of 1986) for the purpose of dis20 play to the public or for research purposes, including 

21 the importation of a machinegun for a purpose de22 scribed in section 5855 of the Internal Revenue 

23 Code of 1986. 

24 ‘‘(2) Not later than 30 days after the Attorney Gen25 eral receives an application therefor, the Attorney General 


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1 shall permit the conditional importation or bringing in of 

2 a firearm or ammunition for examination and testing in 

3 connection with the making of a determination as to 

4 whether the importation or bringing in of the firearm or 

5 ammunition will be allowed under this subsection. 

6 ‘‘(3) The Attorney General shall not authorize, under 

7 this subsection, the importation of any firearm the impor8 tation of which is prohibited by section 922(p).’’. 

9 (2) CONFORMING AMENDMENT.—Section 922(l) 

10 of title 18, United States Code, is amended by strik11 ing ‘‘925(d) of this chapter’’ and inserting ‘‘925’’. 

Æ 


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