I

103D CONGRESS

2D SESSION H. R. 3746

To authorize the Director of the Bureau of Justice Assistance to approve

local programs that exchange merchandise vouchers for firearms and

make grants to the programs, to amend title 18, United States Code,

to provide amnesty for individuals who surrender firearms under the

programs, and to amend the Internal Revenue Code of 1986 to allow

tax deductions for taxpayers who donate merchandise vouchers for use

in the programs.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 26, 1994

Mr. KLEIN introduced the following bill; which was referred jointly to the

Committees on the Judiciary and Ways and Means

A BILL

To authorize the Director of the Bureau of Justice Assistance to approve local programs that exchange merchandise vouchers for firearms and make grants to the programs, to amend title 18, United States Code, to provide

amnesty for individuals who surrender firearms under

the programs, and to amend the Internal Revenue Code

of 1986 to allow tax deductions for taxpayers who donate

merchandise vouchers for use in the programs.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

•HR 3746 IH

1 SECTION 1. SHORT TITLE.

2 This Act may be known as the ‘‘National Firearms

3 Exchange Act’’.

4 SEC. 2. FINDINGS AND PURPOSE.

5 (a) FINDINGS.—The Congress finds that—

6 (1) the Nation is afflicted with an enormous

7 problem relating to crimes of violence;

8 (2) there are more than 200,000,000 firearms

9 on the Nation’s streets;

10 (3) such firearms are the cause of numerous

11 deaths and injuries to the Nation’s citizens; and

12 (4) it is essential that the Nation act to rid it13 self of such firearms and protect the safety of its

14 citizens.

15 (b) PURPOSE.—The purpose of this Act is—

16 (1) to authorize the Director of the Bureau of

17 Justice Assistance to approve local programs that

18 exchange merchandise vouchers for firearms;

19 (2) to authorize the Director to make grants to

20 the programs;

21 (3) to provide amnesty from certain Federal

22 statutes concerning firearms for individuals who sur23 render, or are in the process of surrendering, fire24 arms under the programs; and
3

•HR 3746 IH

1 (4) to allow a tax deduction for taxpayers who

2 donate merchandise vouchers for use in the pro3 grams.

4 TITLE I—PROGRAMS TO EX5 CHANGE VOUCHERS FOR

6 FIREARMS

7 SEC. 101. APPROVAL AND FUNDING OF PROGRAMS TO EX8 CHANGE VOUCHERS FOR FIREARMS.

9 (a) IN GENERAL.—Title I of the Omnibus Crime

10 Control and Safe Streets Act of 1968 (42 U.S.C. 3711

11 et seq.) is amended—

12 (1) by redesignating part Q as part R;

13 (2) by redesignating section 1701 as section

14 1801; and

15 (3) by inserting after part P the following new

16 part:

17 ‘‘PART Q—PROGRAMS TO EXCHANGE

18 MERCHANDISE VOUCHERS FOR FIREARMS

19 ‘‘SEC. 1701. APPROVAL OF PROGRAMS TO EXCHANGE MER20 CHANDISE VOUCHERS FOR FIREARMS.

21 ‘‘(a) IN GENERAL.—The Director of the Bureau of

22 Justice Assistance shall establish procedures under which

23 any unit of local government may apply for approval,

24 under this section, of a program to exchange merchandise

25 vouchers for firearms. The Director shall establish criteria
4

•HR 3746 IH

1 and procedures to determine whether any such program

2 should be approved under this part.

3 ‘‘(b) FACTORS TO BE CONSIDERED.—In determining

4 whether or not to approve a program under this section,

5 the Director shall consider—

6 ‘‘(1) the characteristics of the unit of local gov7 ernment in which the program will be located;

8 ‘‘(2) the kinds of firearms included in the pro9 gram;

10 ‘‘(3) the manner in which the program will dis11 pose of firearms that are surrendered;

12 ‘‘(4) whether the program will accept firearms

13 from residents of other States and units of local gov14 ernment;

15 ‘‘(5) whether and to what extent the program

16 will protect the anonymity of individuals who surren17 der firearms to the program;

18 ‘‘(6) whether and to what extent the State in

19 which the program is located will provide that any

20 individual who surrenders, or is in the process of

21 surrendering, a firearm to the program will not be

22 prosecuted under State law—

23 ‘‘(A) for possession, transportation, stor24 age, or concealment of the firearm (occurring
5

•HR 3746 IH

1 before or after the date of the enactment of this

2 part);

3 ‘‘(B) for transfer, delivery, shipment, or

4 surrender of the firearm to the program;

5 ‘‘(C) for surrender of the firearm to the

6 program in exchange for a voucher; or

7 ‘‘(D) for making the firearm or for obliter8 ating, removing, changing, or altering the serial

9 number or other required identification of the

10 firearm;

11 ‘‘(7) the manner in which the program will re12 cruit participation by individuals and businesses;

13 and

14 ‘‘(8) any other factor that the Director consid15 ers appropriate.

16 ‘‘(c) DISPOSAL OF FIREARMS.—

17 ‘‘(1) DESTRUCTION OF FIREARMS.—The Direc18 tor may not approve under this section any program

19 that does not provide that all firearms surrendered

20 to the program will be destroyed.

21 ‘‘(2) USE OF FIREARMS FOR EVIDENTIARY AND

22 INVESTIGATIVE PURPOSES.—Paragraph (1) shall not

23 be interpreted to require the destruction of a firearm

24 that is surrendered to an approved program and is

25 needed for investigatory or evidentiary purposes,
6

•HR 3746 IH

1 until the firearm is no longer needed for such pur2 poses.

3 ‘‘(d) TIMING OF APPROVAL PROCESS AND DURATION

4 OF APPROVAL STATUS.—

5 ‘‘(1) TIMING OF APPROVAL PROCESS.—The Di6 rector shall approve or disapprove each program for

7 which an application is submitted under subsection

8 (a) within 60 days after the application is submitted.

9 ‘‘(2) DURATION OF APPROVAL STATUS.—A pro10 gram shall be considered approved for the 2-year

11 period beginning on the date that the program is

12 approved under this section, and may reapply for

13 approval for subsequent 2-year periods.

14 ‘‘(e) EFFORT TO SECURE STATE AMNESTY REGARD15 ING APPROVED PROGRAMS.—The Director shall make

16 every effort possible to secure from State governments, for

17 individuals who surrender or are in the process of surren18 dering a firearm to a program approved under this section,

19 provisions of amnesty that are similar to the amnesty de20 scribed in section 925(h) of title 18, United States Code,

21 regarding State offenses that are the same as or substan22 tially similar to the Federal offenses for which amnesty

23 is provided in such section.
7

•HR 3746 IH

1 ‘‘SEC. 1702. GRANTS TO APPROVED PROGRAMS.

2 ‘‘(a) GRANT AUTHORIZATION.—The Director may

3 make grants to programs that are approved under section

4 1701.

5 ‘‘(b) APPLICATIONS, CRITERIA, AND ALLOCATION.—

6 The Director shall establish procedures under which a unit

7 of local government whose program is approved under sec8 tion 1701 may apply for a grant for the program. The

9 Director shall establish procedures and criteria to deter10 mine whether any such program should receive such a

11 grant.

12 ‘‘SEC. 1703. ANNUAL REPORT TO CONGRESS.

13 ‘‘(a) IN GENERAL.—As part of the annual report re14 quired by section 810, the Director shall submit to the

15 Congress an assessment of the effectiveness of this part

16 and of approved programs. The Director’s assessment may

17 include recommendations that the Director finds appro18 priate.

19 ‘‘(b) CRITERIA REGARDING EFFECTIVENESS.—In

20 order to complete the assessment required by subsection

21 (a), the Director shall establish criteria for evaluating the

22 effectiveness of this part and of approved programs.

23 ‘‘(c) EVALUATION OF FACTORS.—The assessment re24 quired by subsection (a) also shall include—

25 ‘‘(1) a statement showing the manner in which

26 the Director used the factors referred to in section
8

•HR 3746 IH

1 1701(b) in deciding whether to approve and fund

2 programs under this part; and

3 ‘‘(2) for each of the factors referred to in sec4 tion 1701(b), a statement of the manner in which

5 the program characteristics included in the factor

6 predict a program’s effectiveness.

7 ‘‘(d) RECOMMENDATION REGARDING THIS PART.—

8 In the annual report, referred to in section (a), that is

9 submitted to the Congress 2 years after the date of the

10 enactment of this Act, the Director shall make a rec11 ommendation regarding whether approval and funding of

12 programs under this part should continue.

13 ‘‘SEC. 1704. DEFINITIONS.

14 ‘‘For purposes of this part:

15 ‘‘(1) The term ‘approved program’ means a

16 program approved by the Director under section

17 1701.

18 ‘‘(2) The term ‘Director’ means the Director of

19 the Bureau of Justice Assistance.

20 ‘‘(3) The term ‘firearm’ has the meaning given

21 such term in section 921(a)(3)(A) of title 18, United

22 States Code.

23 ‘‘(4) The term ‘program’ means a program of

24 a unit of local government to exchange merchandise

25 vouchers for firearms.’’.
9

•HR 3746 IH

1 (b) AUTHORIZATION OF APPROPRIATIONS.—Section

2 1001(a) of the Omnibus Crime Control and Safe Streets

3 Act of 1968 (42 U.S.C. 3793(a)) is amended by adding

4 at the end the following new paragraph:

5 ‘‘(11) There are authorized to be appropriated such

6 sums as may be necessary to carry out part Q.’’.

7 (c) ADDITIONAL AMENDMENTS.—Title I of the Om8 nibus Crime Control and Safe Streets Act of 1968 (42

9 U.S.C. 3711 et seq.) is amended—

10 (1) in section 801(b), by striking ‘‘and O’’ and

11 inserting ‘‘O, and Q’’;

12 (2) in the first sentence of section 802(b), by

13 striking ‘‘or O’’ and inserting ‘‘O, or Q’’; and

14 (3) in section 1001(a)(3), by striking ‘‘and O’’

15 and inserting ‘‘O, and Q’’.

16 (d) CONFORMING AMENDMENT.—The table of con17 tents of title I of the Omnibus Crime Control and Safe

18 Streets Act of 1968 (42 U.S.C. 3711 prec.) is amended

19 by striking the items relating to part Q and inserting the

20 following new items:

‘‘PART Q—PROGRAMS TO EXCHANGE MERCHANDISE VOUCHERS FOR

FIREARMS

‘‘Sec. 1701. Approval of programs to exchange merchandise vouchers for firearms.

‘‘Sec. 1702. Grants to approved programs.

‘‘Sec. 1703. Annual report to Congress.

‘‘Sec. 1704. Definitions.

‘‘PART R—TRANSITION—EFFECTIVE DATE—REPEALER

‘‘Sec. 1801. Continuation of rules, authorities, and proceedings.’’.
10

•HR 3746 IH

1 SEC. 102. AMNESTY FOR INDIVIDUALS SURRENDERING

2 FIREARMS.

3 (a) IN GENERAL.—Section 925 of title 18, United

4 States Code, is amended by adding at the end the follow5 ing new subsection:

6 ‘‘(h)(1)(A) If an individual surrenders, or is in the

7 process of surrendering, a firearm to a program approved

8 under section 1701 of the Omnibus Crime Control and

9 Safe Streets Act of 1968, section 922 of this title (except

10 section 922(q)(1)(A)), and section 5861 of the National

11 Firearms Act, shall not apply to the individual’s—

12 ‘‘(i) possession, transportation, storage, or con13 cealment of the firearm (whether before or after the

14 date of the enactment of this subsection);

15 ‘‘(ii) transfer, delivery, shipment, or surrender

16 of the firearm to such a program;

17 ‘‘(iii) surrender of the firearm to such a pro18 gram in exchange for a voucher; or

19 ‘‘(iv) making of the firearm in violation of the

20 National Firearms Act, or obliteration, removal,

21 change, or alteration of the serial number of the

22 firearm (or other identification of the firearm) re23 quired by the National Firearms Act.

24 ‘‘(B) Subparagraph (A) shall not apply to an individ25 ual’s conduct regarding a firearm if, at the time that the

26 individual surrenders, or is in the process of surrendering,
11

•HR 3746 IH

1 the firearm to a program approved under section 1701 of

2 the Omnibus Crime Control and Safe Streets Act of

3 1968—

4 ‘‘(i) the individual is the subject of a complaint

5 made, an indictment or information filed, an arrest

6 made, or a summons issued, to begin a prosecution,

7 for a violation of a provision referred to in subpara8 graph (A), regarding the firearm; or

9 ‘‘(ii) the individual knows that the individual is

10 the subject of a criminal investigation concerning the

11 individual’s violation of a provision referred to in

12 subparagraph (A) with regard to the firearm.

13 ‘‘(2)(A) Possession of a firearm in a school zone in

14 order to surrender the firearm to a program, approved

15 under section 1701 of the Omnibus Crime Control and

16 Safe Streets Act of 1968, that is located in the school zone

17 shall not be a violation of section 922(q)(1)(A) of this title.

18 ‘‘(B) Bringing a firearm to a Federal facility, or pos19 sessing a firearm in a Federal facility, in order to surren20 der the firearm to a program, approved under section

21 1701 of the Omnibus Crime Control and Safe Streets Act

22 of 1968, that is located in the Federal facility shall not

23 be a violation of section 930(a) of this title.’’.
12

•HR 3746 IH

1 (b) CROSS REFERENCE.—The National Firearms Act

2 (26 U.S.C. 5801 et seq.) is amended by inserting after

3 section 5861 the following new section:

4 ‘‘SEC. 5862. CROSS REFERENCE.

‘‘For applicability of section 5861 to individuals

surrendering firearms to programs approved under

section 1701 of the Omnibus Crime Control and Safe

Streets Act of 1968, see section 925(h)(1) of title 18,

United States Code.’’.

5 TITLE II—TAX DEDUCTION FOR

6 TAXPAYERS WHO DONATE

7 MERCHANDISE VOUCHERS

8 SEC. 201. CHARITABLE DEDUCTION MODIFIED TO ALLOW

9 DEDUCTION FOR FAIR MARKET VALUE OF

10 CERTAIN CONTRIBUTIONS IN CONNECTION

11 WITH GUN EXCHANGE PROGRAMS.

12 (a) GENERAL RULE.—Subsection (e) of section 170

13 of the Internal Revenue Code of 1986 (relating to certain

14 contributions of ordinary income and capital gain prop15 erty) is amended by adding at the end thereof the follow16 ing new paragraph:

17 ‘‘(6) DEDUCTION ALLOWED FOR FULL MARKET

18 VALUE OF CERTAIN CONTRIBUTIONS IN CONNECTION

19 WITH GUN EXCHANGE PROGRAMS.—

20 ‘‘(A) IN GENERAL.—The deduction under

21 subsection (a) for any qualified gun exchange

22 program contribution shall be an amount equal

23 to its fair market value, and no reduction under
13

•HR 3746 IH

1 paragraph (1)(A) shall be made in the amount

2 of such contribution.

3 ‘‘(B) QUALIFIED GUN EXCHANGE PRO4 GRAM CONTRIBUTION.—For purposes of this

5 paragraph, the term ‘qualified gun exchange

6 program contribution’ means any charitable

7 contribution of property described in paragraph

8 (1) of section 1221 or of a voucher which may

9 be used to acquire property so described if—

10 ‘‘(i) the property (or voucher) is to be

11 transferred by the donee to individuals sur12 rendering firearms in a gun exchange pro13 gram which is determined by the Director

14 of the Bureau of Justice Assistance to be

15 approved under section 1701 of the Omni16 bus Crime Control and Safe Streets Act of

17 1968, and

18 ‘‘(ii) the taxpayer received from the

19 donee a written statement that the prop20 erty (or voucher) was transferred as pro21 vided in clause (i).’’

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

23 subsection (a) shall apply to contributions made after the

24 date of the enactment of this Act.

Æ