I 

109TH CONGRESS 

2D SESSION H. R. 5005 

To make technical changes to Federal firearms laws and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 16, 2006 

Mr. SMITH of Texas introduced the following bill; which was referred to the 

Committee on the Judiciary 

A BILL 

To make technical changes to Federal firearms laws 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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Firearms Corrections 

5 and Improvements Act’’. 

6 SEC. 2. CORRECTION OF NONSUBSTANTIVE ERROR IN AGE 

7 LIMIT PROVISION. 

8 Section 922(b)(1) of title 18, United States Code, is 

9 amended to read as follows: 

10 ‘‘(1) any firearm or ammunition to any indi11 vidual who the licensee knows or has reasonable 


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1 cause to believe has not attained 18 years of age, 

2 and, if the firearm is other than a shotgun or rifle, 

3 or the ammunition is for a firearm other than a 

4 shotgun or rifle, to any individual who the licensee 

5 knows or has reasonable cause to believe has not at6 tained 21 years of age;’’. 

7 SEC. 3. POSSESSION AND TRANSFER OF MACHINEGUNS 

8 FOR INDUSTRY TESTING AND SECURITY CON9 TRACTING. 

10 (a) MACHINEGUNS FOR FEDERAL CONTRACTORS.— 

11 Section 922(a)(4) of title 18, United States Code, is 

12 amended by striking ‘‘except’’ and all that follows and in13 serting ‘‘except— 

14 ‘‘(A) as specifically authorized by the At15 torney General consistent with public safety and 

16 necessity; or 

17 ‘‘(B) to comply with a contract between 

18 any person and the United States which re19 quires that person to provide national security 

20 services for the United States or any training 

21 related to such services;’’. 

22 (b) SALE OR DELIVERY OF MACHINEGUNS TO FED23 ERAL CONTRACTORS.—Section 922(b) of such title is 

24 amended by adding at the end the following: ‘‘Paragraphs 

25 (2) and (4) of this subsection shall not apply to a sale 


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1 or delivery to comply with a contract between any person 

2 and the United States which requires that person to pro3 vide national security services for the United States or any 

4 training related to the services.’’. 

5 (c) POST-86 MACHINEGUNS FOR TESTING, RE6 SEARCH AND DEVELOPMENT, TRAINING, AND SECU7 RITY.—Section 922(o) of such title is amended— 

8 (1) in paragraph (2)— 

9 (A) by striking ‘‘or’’ at the end of subpara10 graph (A); and 

11 (B) by redesignating subparagraph (B) as 

12 subparagraph (E) and inserting after subpara13 graph (A) the following: 

14 ‘‘(B) a transfer to, or possession by, a person 

15 to comply with a contract between that person and 

16 the United States which requires the person to pro17 vide national security services for the United States 

18 or any training related to the services; 

19 ‘‘(C) a transfer to, or possession by, a licensed 

20 manufacturer or licensed importer solely for testing, 

21 research, design, or development of ammunition or a 

22 firearm; 

23 ‘‘(D) a possession by a licensed manufacturer 

24 or licensed importer for the purposes of training per25 sons to whom a machinegun, manufactured or imVerDate Aug 31 2005 16:29 Mar 20, 2006 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5005.IH H5005

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1 ported by the licensee, may be transferred as de2 scribed in subparagraph (A) or (B); or’’; and 

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

4 ‘‘(3) A person shall not transfer a machinegun to an5 other person in the circumstances described in paragraph 

6 (2)(B) of this subsection, unless the Attorney General has 

7 notified the person that the Attorney General has deter8 mined, based on the fingerprints of such other person and 

9 on information in the national instant criminal back10 ground check system established under section 103 of the 

11 Brady Handgun Violence Prevention Act, that such other 

12 person is not prohibited from possessing or receiving a 

13 firearm under Federal or State law.’’. 

14 (d) IMPORTATION OF MACHINEGUNS.—Section 

15 925(d) of such title is amended— 

16 (1) in paragraph (3), by striking ‘‘or’’ at the 

17 end; 

18 (2) in paragraph (4), by striking the period and 

19 inserting ‘‘; or’’; and 

20 (3) by inserting after paragraph (4) the fol21 lowing: 

22 ‘‘(5) is imported or brought in for a purpose de23 scribed in subparagraph (B), (C), or (D) of section 

24 922(o)(2).’’. 


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1 (e) IMPORTATION UNDER THE NATIONAL FIREARMS

2 ACT.—Section 5844 of the National Firearms Act (26 

3 U.S.C. 5844) is amended— 

4 (1) in paragraph (3), by inserting ‘‘or’’ after 

5 the semicolon; and 

6 (2) by inserting after paragraph (3) the fol7 lowing: 

8 ‘‘(4) a machinegun being imported or brought 

9 in to comply with a contract between any person and 

10 the United States which requires the person to pro11 vide national security services for the United States 

12 or any training related to the services; or 

13 ‘‘(5) a machinegun being imported or brought 

14 in by a registered importer or registered manufac15 turer for the purposes of training persons who ac16 quire machineguns pursuant to paragraph (1) that 

17 were manufactured or imported by the registrant.’’. 

18 (f) NATIONAL SECURITY SERVICES DEFINED.—Sec19 tion 921(a) of such title is amended by adding at the end 

20 the following: 

21 ‘‘(36) The term ‘national security services’ means any 

22 protective, defensive, or security service provided pursuant 

23 to a contract or subcontract with a department or agency 

24 of the United States.’’. 


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1 (g) EFFECTIVE DATE.—The amendments made by 

2 this section shall take effect after the 180-day period that 

3 begins with the date of the enactment of this Act. 

4 SEC. 4. ELIMINATION OF OBSOLETE LANGUAGE ADDED BY 

5 THE BRADY HANDGUN VIOLENCE PREVEN6 TION ACT. 

7 Section 922 of title 18, United States Code, is 

8 amended— 

9 (1) by striking subsection (s); and 

10 (2) in subsection (t), by striking ‘‘Beginning’’ 

11 and all that follows through ‘‘a licensed’’ and insert12 ing ‘‘A licensed’’. 

13 SEC. 5. BAN ON TAX OR FEE FOR BACKGROUND CHECK BY 

14 THE NATIONAL INSTANT CRIMINAL BACK15 GROUND CHECK SYSTEM. 

16 Section 922(t) of title 18, United States Code, is 

17 amended by adding at the end the following: 

18 ‘‘(7) The Attorney General shall not charge any tax 

19 or fee for any background check conducted pursuant to 

20 this subsection.’’. 

21 SEC. 6. ELIMINATION OF WRITTEN PERMISSION REQUIRE22 MENT FOR SUPERVISED HANDGUN USE. 

23 Section 922(x)(3)(A) of title 18, United States Code, 

24 is amended— 


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1 (1) in clause (ii), by striking subclause (II) and 

2 inserting the following: 

3 ‘‘(II) with respect to ranching or 

4 farming activities, target practice, hunting, 

5 or a course of instruction in the safe and 

6 lawful use of a handgun, as described in 

7 clause (i), a juvenile may possess and use 

8 a handgun or ammunition without the 

9 prior written consent, if the parent or legal 

10 guardian is present at all times and the ju11 venile acts at the direction of a parent, 

12 legal guardian, or other adult who is not 

13 prohibited by Federal, State, or local law 

14 from possessing a firearm;’’; and 

15 (2) in clause (iii), by inserting ‘‘except as pro16 vided in clause (ii)(II),’’ after ‘‘(iii)’’. 

17 SEC. 7. ELIMINATION OF DUPLICATIVE MULTIPLE SALES 

18 REPORT REQUIREMENT. 

19 Subsection 923(g)(3) of title 18, United States Code, 

20 is amended— 

21 (1) in subparagraph (A)— 

22 (A) by striking ‘‘(A)’’; and 

23 (B) in the 2nd sentence, by striking ‘‘and 

24 to the department of State police’’ and all that 

25 follows through ‘‘took place’’; and 


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1 (2) by striking subparagraph (B). 

2 SEC. 8. BAN ON ELECTRONIC RETRIEVAL OF FIREARMS 

3 PURCHASER INFORMATION. 

4 Subsection 923(g)(4) of title 18, United States Code, 

5 is amended by adding at the end the following: ‘‘The At6 torney General shall not electronically retrieve information 

7 gathered pursuant to this paragraph by name or by any 

8 personal identification code.’’. 

9 SEC. 9. TRACE DISCLOSURE. 

10 Section 923(g) of title 18, United States Code, is 

11 amended by adding at the end the following: 

12 ‘‘(8)(A) Information required to be kept by licensees 

13 pursuant to this subsection, or required to be reported 

14 pursuant to paragraphs (3) and (7) of this subsection, and 

15 information in the firearms trace system database main16 tained by the National Trace Center of the Bureau of Al17 cohol, Tobacco, Firearms, and Explosives, shall not be— 

18 ‘‘(i) disclosed to any entity, except to a Federal, 

19 State, local, or foreign law enforcement agency or a 

20 Federal, State, or local prosecutor solely in connec21 tion with and for use in a bona fide criminal inves22 tigation or prosecution, and only to the extent that 

23 the information pertains to the geographic jurisdic24 tion of the law enforcement agency or prosecutor re25 questing the disclosure; or 


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1 ‘‘(ii) made available for use in any civil action 

2 or proceeding other than— 

3 ‘‘(I) an action or proceeding commenced by 

4 the Attorney General to enforce this chapter; or 

5 ‘‘(II) a review of such an action or pro6 ceeding. 

7 ‘‘(B) The information described in subparagraph (A) 

8 shall be immune from legal process, shall not be subject 

9 to subpoena or other discovery, and shall not be admissible 

10 as evidence, and testimony or other evidence relying on 

11 the information shall not be admissible, in any civil action 

12 in a State or Federal court, or in any administrative pro13 ceeding other than a proceeding commenced by the Bu14 reau of Alcohol, Tobacco, Firearms, and Explosives to en15 force this chapter, or a review of such an action or pro16 ceeding. 

17 ‘‘(C) This subsection shall not be construed to pre18 vent the disclosure of statistical information concerning 

19 total production, importation, and exportation by each li20 censed importer and licensed manufacturer.’’. 

21 SEC. 10. BARREL AND RECEIVER IMPORTATION. 

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

23 States Code, is amended— 

24 (1) in paragraph (1), by striking ‘‘, and’’ and 

25 inserting a period; 


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1 (2) by adding at the end the following: 

2 ‘‘(3) All frames or receivers of rifles, or barrels 

3 for firearms other than handguns, if the importation 

4 is for repair or replacement purposes.’’. 

5 (b) GOVERNMENTAL IMPORTS.—Section 925(a)(1) of 

6 such title is amended by inserting ‘‘, barrel,’’ after ‘‘or 

7 importation of any firearm’’. 

8 (c) EFFECTIVE DATE.—The amendments made by 

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

10 of this Act. 

Æ 


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