I 

108TH CONGRESS 

2D SESSION H. R. 5249 

To amend the Internal Revenue Code of 1986 to provide for a nonrefundable 

tax credit against income tax for individuals who purchase a residential 

gun safe for the safe storage of firearms. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 7, 2004 

Mr. HOUGHTON introduced the following bill; which was referred to the 

Committee on Ways and Means 

A BILL 

To amend the Internal Revenue Code of 1986 to provide 

for a nonrefundable tax credit against income tax for 

individuals who purchase a residential gun safe for the 

safe storage of firearms. 

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 ‘‘Firearm Theft Preven5 tion Act of 2004’’. 

6 SEC. 2. CREDIT FOR RESIDENTIAL GUN SAFE PURCHASES. 

7 (a) IN GENERAL.—Subpart A of part IV of sub8 chapter A of chapter 1 of the Internal Revenue Code of 
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1 1986 (relating to nonrefundable personal credits) is 

2 amended by inserting after section 25B the following new 

3 section: 

4 ‘‘SEC. 25C. RESIDENTIAL GUN SAFES. 

5 ‘‘(a) IN GENERAL.—In the case of an individual, 

6 there shall be allowed as a credit against the tax imposed 

7 by this chapter for the taxable year an amount equal to 

8 25 percent of the aggregate amount paid or incurred by 

9 the taxpayer during the taxable year for one or more quali10 fied residential gun safes. 

11 ‘‘(b) LIMITATION.—The credit allowed under sub12 section (a) for any taxable year shall not exceed $250. 

13 ‘‘(c) QUALIFIED RESIDENTIAL GUN SAFES.—For 

14 purposes of this section, the term ‘qualified residential gun 

15 safe’ means any container if such container— 

16 ‘‘(1) is acquired by the taxpayer for the tax17 payer’s personal use, 

18 ‘‘(2) is designed to fully contain one or more 

19 firearms, 

20 ‘‘(3) includes a secure locking mechanism, 

21 ‘‘(4) is designed to prevent unauthorized access 

22 to its contents by children under the age of 18, and 

23 ‘‘(5) is tested and certified by a certification or24 ganization that is accredited by an appropriate ac-
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1 creditation organization, such as the American Na2 tional Standards Institute, as— 

3 ‘‘(A) complying with an appropriate per4 formance standard, such as Underwriters Lab5 oratories (UL) 1037, ‘Standard for Antitheft 

6 Alarms and Devices’, or 

7 ‘‘(B) being capable of resisting a 5 minute 

8 attempt to access the interior of the safe using 

9 household tools when the safe is properly in10 stalled. 

11 For purposes of paragraph (5)(B), the creation of an 

12 opening in a safe of less than 4 inches in diameter shall 

13 not be treated as having accessed the interior of the safe. 

14 ‘‘(d) INCLUSION OF INSTALLATION EXPENSES.—For 

15 purposes of this section, any amount paid or incurred by 

16 the taxpayer for the installation of a qualified residential 

17 gun safe shall be treated as an amount paid or incurred 

18 for such safe. 

19 ‘‘(e) DENIAL OF DOUBLE BENEFIT.—No deduction 

20 or credit shall be allowed under this chapter (other than 

21 this section) for any amount taken into account in deter22 mining the credit under this section. 

23 ‘‘(f) MARRIED COUPLES MUST FILE JOINT RE24 TURN.—If the taxpayer is married at the close of the tax25 able year, the credit shall be allowed under subsection (a) 
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1 only if the taxpayer and taxpayer’s spouse file a joint re2 turn for the taxable year. 

3 ‘‘(g) ELECTION TO HAVE CREDIT NOT APPLY.—A 

4 taxpayer may elect (in such form and manner and at such 

5 time as the Secretary may require) to have this section 

6 not apply for any taxable year. 

7 ‘‘(h) REGULATIONS.—The Secretary shall prescribe 

8 such regulations as may be necessary to carry out this 

9 section, including regulations to carry out subsection 

10 (c)(5). 

11 ‘‘(i) CARRYFORWARD OF UNUSED CREDITS.—If the 

12 credit allowable under subsection (a) for any taxable year 

13 exceeds the limitation imposed by section 26(a) for such 

14 taxable year reduced by the sum of the credits allowable 

15 under this subpart (other than this section and sections 

16 23 and 1400C), such excess shall be carried to the suc17 ceeding taxable year and added to the credit allowable 

18 under subsection (a) for such taxable year. No credit may 

19 be carried forward under this subsection to any taxable 

20 year following the third taxable year after the taxable year 

21 in which the credit arose. For purposes of the preceding 

22 sentence, credits shall be treated as used on a first-in-first23 out basis.’’. 

24 (b) CLERICAL AMENDMENT.—The table of sections 

25 for subpart A of part IV of subchapter A of chapter 1 
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1 of such Code is amended by inserting after the item relat2 ing to section 25B the following new item: 

‘‘Sec. 25C. Residential gun safes.’’. 

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

4 this section shall apply to taxable years beginning after 

5 December 31, 2004. 

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