I 
113TH CONGRESS 
1ST SESSION 
H. R. 339 
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 22, 2013 
Mr. GINGREY of Georgia (for himself, Mr. WESTMORELAND, Mr. STOCKMAN, 
Mr. ROE of Tennessee, and Mrs. BLACKBURN) introduced the following 
bill; which was referred to the Committee on the Judiciary, and in addi-
tion to the Committee on Ways and Means, for a period to be subse-
quently 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Fairness in Firearm 
Testing Act’’. 
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SEC. 2. VIDEO RECORDING OF EXAMINATION AND TESTING 
OF FIREARMS AND AMMUNITION BY THE BU-
REAU OF ALCOHOL, TOBACCO, FIREARMS, 
AND EXPLOSIVES. 
Section 1111 of the Homeland Security Act of 2002 
(6 U.S.C. 531) is amended by adding at the end the fol-
lowing: 
‘‘(e) ADDITIONAL
RESPONSIBILITIES
REGARDING 
EXAMINATION AND TESTING OF FIREARMS AND AMMUNI-
TION.— 
‘‘(1) VIDEO RECORDING REQUIRED.—The Bu-
reau shall make a video recording of the entire proc-
ess of the examination and testing by the Bureau of 
an item for the purpose of determining, pursuant to 
section 921(a)(3), 922(o), 922(p), or subsection 
(a)(3), (a)(4), (d), or (e) of section 925 of title 18, 
United States Code, or section 5845(a) of the Inter-
nal Revenue Code of 1986, whether the item is a 
firearm and if so, the type of firearm, or of deter-
mining pursuant to section 921(a)(17) of title 18, 
United States Code, whether the item is ammuni-
tion, and shall not edit or erase any recording made 
pursuant to this paragraph. 
‘‘(2) AVAILABILITY.— 
‘‘(A) TO OWNERS.—On request of a person 
who claims an ownership interest in an item 
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with respect to which a recording is made under 
paragraph (1), the Bureau shall make available 
to the person, without charge, a digital video 
disc that contains a copy of the recording. 
‘‘(B) TO DEFENDANTS.—The Bureau shall 
make available to a defendant in a criminal pro-
ceeding involving an item with respect to which 
a recording is made under paragraph (1) a dig-
ital video disc that contains a copy of the re-
cording. 
‘‘(3) ADMISSIBILITY
AS
EVIDENCE.—An item 
which the Bureau has determined is a firearm or a 
type of firearm or ammunition pursuant to any pro-
vision of law specified in paragraph (1) shall not be 
admissible as evidence in any judicial or administra-
tive proceeding unless— 
‘‘(A) the Bureau has complied with para-
graph (2) with respect to the item; or 
‘‘(B) such compliance has been waived, in 
writing, by the person against whom the item is 
offered as evidence.’’. 
Æ 
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