I 

112TH CONGRESS 

1ST SESSION H. R. 126 

To require the Bureau of Alcohol, Tobacco, Firearms, and Explosives to 

make video recordings of the examination and testing of firearms and 

ammunition, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 5, 2011 

Mr. GINGREY of Georgia (for himself, Mrs. BACHMANN, Mr. BARTLETT, Mr. 

BISHOP of Georgia, Mrs. BLACKBURN, Mr. BURTON of Indiana, Mr. 

CARTER, Mr. CONAWAY, Mr. FRANKS of Arizona, Mr. GOHMERT, Mr. 

SAM JOHNSON of Texas, Mr. KLINE, Mr. MARCHANT, Mr. PAUL, Mr. 

ROE of Tennessee, Mr. ROGERS of Alabama, Mr. ROSS of Arkansas, Mr. 

WESTMORELAND, and Mr. YOUNG of Alaska) 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 require the Bureau of Alcohol, Tobacco, Firearms, and 

Explosives to make video recordings of the examination 

and testing of firearms and ammunition, and for other 

purposes. 

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


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•HR 126 IH

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Fairness in Firearm 

3 Testing Act’’. 

4 SEC. 2. VIDEO RECORDING OF EXAMINATION AND TESTING 

5 OF FIREARMS AND AMMUNITION BY THE BU6 REAU OF ALCOHOL, TOBACCO, FIREARMS, 

7 AND EXPLOSIVES. 

8 Section 1111 of the Homeland Security Act of 2002 

9 (6 U.S.C. 531) is amended by adding at the end the fol10 lowing: 

11 ‘‘(e) ADDITIONAL RESPONSIBILITIES REGARDING

12 EXAMINATION AND TESTING OF FIREARMS AND AMMUNI13 TION.— 

14 ‘‘(1) VIDEO RECORDING REQUIRED.—The Bu15 reau shall make a video recording of the entire proc16 ess of the examination and testing by the Bureau of 

17 an item for the purpose of determining, pursuant to 

18 section 921(a)(3), 922(o), 922(p), or subsection 

19 (a)(3), (a)(4), (d), or (e) of section 925 of title 18, 

20 United States Code, or section 5845(a) of the Inter21 nal Revenue Code of 1986, whether the item is a 

22 firearm and if so, the type of firearm, or of deter23 mining pursuant to section 921(a)(17) of title 18, 

24 United States Code, whether the item is ammuni25 tion, and shall not edit or erase any recording made 

26 pursuant to this paragraph. 


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•HR 126 IH

1 ‘‘(2) AVAILABILITY.— 

2 ‘‘(A) TO OWNERS.—On request of a person 

3 who claims an ownership interest in an item 

4 with respect to which a recording is made under 

5 paragraph (1), the Bureau shall make available 

6 to the person, without charge, a digital video 

7 disc that contains a copy of the recording. 

8 ‘‘(B) TO DEFENDANTS.—The Bureau shall 

9 make available to a defendant in a criminal pro10 ceeding involving an item with respect to which 

11 a recording is made under paragraph (1) a dig12 ital video disc that contains a copy of the re13 cording. 

14 ‘‘(3) ADMISSIBILITY AS EVIDENCE.—An item 

15 which the Bureau has determined is a firearm or a 

16 type of firearm or ammunition pursuant to any pro17 vision of law specified in paragraph (1) shall not be 

18 admissible as evidence in any judicial or administra19 tive proceeding unless— 

20 ‘‘(A) the Bureau has complied with para21 graph (2) with respect to the item; or 

22 ‘‘(B) such compliance has been waived, in 

23 writing, by the person against whom the item is 

24 offered as evidence.’’. 

Æ 


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