I 
111TH CONGRESS 
1ST SESSION 
H. R. 442 
To provide an amnesty period during which veterans and their family mem-
bers can register certain firearms in the National Firearms Registration 
and Transfer Record, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 9, 2009 
Mr. REHBERG introduced the following bill; which was referred to the Com-
mittee 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 jurisdic-
tion of the committee concerned 
A BILL 
To provide an amnesty period during which veterans and 
their family members can register certain firearms in 
the National Firearms Registration and Transfer Record, 
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 ‘‘Veterans’ Heritage 
Firearms Act of 2009’’. 
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SEC. 2. AMNESTY PERIOD FOR VETERANS TO REGISTER 
QUALIFYING FIREARMS. 
(a) REGISTRATION.—Subject to such regulations as 
the Attorney General may prescribe, the applicable veteran 
or a member of the family of such a veteran, who owns 
and possesses a qualifying firearm, may register the fire-
arm in the National Firearms Registration and Transfer 
Record (described in section 5841 of the Internal Revenue 
Code of 1986) during the amnesty period. 
(b) QUALIFYING FIREARM.— 
(1) IN GENERAL.—For purposes of this section, 
the term ‘‘qualifying firearm’’ means any firearm 
which was acquired— 
(A) before October 31, 1968; and 
(B) by a veteran, while the veteran was a 
member of the Armed Forces and was stationed 
outside the continental United States. 
(2) PRESUMPTION
OF
VALIDITY.—In the ab-
sence of clear and convincing evidence to the con-
trary, the Attorney General shall accept as true and 
accurate any affidavit, document, or other evidence 
submitted by an individual to establish that a fire-
arm meets the requirements of paragraph (1). 
(c) HEARINGS.—If the Attorney General determines 
that an individual may not register a firearm under sub-
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section (a) during the amnesty period, the Attorney Gen-
eral, on the request of such individual, shall— 
(1) provide the individual any evidence on which 
the Attorney General’s decision is based; and 
(2) promptly hold a hearing to review the deter-
mination. 
(d) LIMITED IMMUNITY.— 
(1) CRIMINAL LIABILITY UNDER TITLE 18.—An 
individual who registers a firearm under subsection 
(a) of this section— 
(A) shall be treated, for purposes of sub-
sections (a)(3) and (o) of section 922 of title 
18, United States Code, as having lawfully ac-
quired and possessed the firearm before the 
date of the enactment of chapter 44 of such 
title and of each provision of that chapter; and 
(B) shall not be liable for any violation of 
that chapter which— 
(i) is based solely on the ownership, 
possession, transportation, importation, or 
alteration of the firearm by the individual; 
and 
(ii) occurred before or concurrent with 
the registration. 
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(2) CRIMINAL
LIABILITY
UNDER
INTERNAL 
REVENUE CODE.—Except as provided in paragraph 
(3), an individual who registers a firearm under sub-
section (a) shall not be liable for a violation of chap-
ter 53 or 75 of the Internal Revenue Code of 1986 
with respect to the firearm which occurred before or 
concurrent with the registration. 
(3) TRANSFER TAX LIABILITY.—Paragraph (2) 
shall not affect the liability of any individual for any 
transfer tax imposed under section 5811 of the In-
ternal Revenue Code of 1986. 
(4) ATTEMPTS TO REGISTER.—In the case of 
an applicable veteran or a member of such a vet-
eran’s family who attempts to register a qualifying 
firearm in the National Firearms Registration and 
Transfer Record at a time other than during the 
amnesty period, paragraphs (1), (2), and (3) shall 
apply with respect to the individual if the individual 
surrenders the firearm to a law enforcement agency 
not later than 30 days after notification by the At-
torney General of potential criminal liability for con-
tinued possession of the firearm. 
(e) FORFEITURE.—A firearm registered under sub-
section (a) shall not be subject to seizure or forfeiture 
under chapter 53 or 75 of the Internal Revenue Code of 
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1986 or chapter 44 of title 18, United States Code, for 
a violation of any such chapter with respect to the firearm 
which occurred before or concurrent with the registration. 
(f) NOTICE; FORMS; MAILBOX RULE.— 
(1) NOTICE OF AMNESTY PERIOD.—The Attor-
ney General shall provide clear printed notices pro-
viding information regarding the amnesty period and 
registering a firearm during the period. To the ex-
tent feasible, the Attorney General shall ensure that 
the notices are posted in post offices, law enforce-
ment buildings, buildings of the Department of Vet-
erans Affairs, and businesses of licensed firearms 
dealers. 
(2) FORMS.—The Attorney General shall make 
available any forms necessary for registering a fire-
arm in the National Firearms Registration and 
Transfer Record. To the extent feasible, the Attor-
ney General shall make such forms available in the 
locations referred to in paragraph (1) and through 
the website for the Bureau of Alcohol, Tobacco, 
Firearms, and Explosives. 
(3) MAILBOX RULE.—For purposes of this sec-
tion, the Attorney General shall treat any form that 
is postmarked during the amnesty period as received 
during the amnesty period. 
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(g) DEFINITIONS.—In this section: 
(1) AMNESTY PERIOD.—The term ‘‘amnesty pe-
riod’’ means the 90-day period beginning on the date 
that is 90 days after the date of the enactment of 
this Act. 
(2) FIREARM.—The term ‘‘firearm’’ has the 
meaning given the term in section 5845 of the Inter-
nal Revenue Code of 1986, except that the term 
does not include— 
(A) any device described in subsection 
(f)(1) of such section; or 
(B) any combination of parts— 
(i) designed or intended for use in 
converting any device into a device de-
scribed in subparagraph (A); or 
(ii) from which a device described in 
subparagraph (A) may be readily assem-
bled. 
(3) APPLICABLE VETERAN.—The term ‘‘appli-
cable veteran’’ means, with respect to a firearm, the 
veteran referred to in subsection (b)(1) with respect 
to the firearm. 
(4) VETERAN.—The term ‘‘veteran’’ has the 
meaning given such term in section 101(2) of title 
38, United States Code. 
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(5) FAMILY.— 
(A) IN
GENERAL.—The term ‘‘family’’ 
means, with respect to a veteran, any grand-
parent of the veteran or of any spouse of the 
veteran, any lineal descendant of any such 
grandparent, and any spouse of any such lineal 
descendant. 
(B) SPECIAL
RULES.—For purposes of 
subparagraph (A): 
(i) A spouse of an individual who is 
legally separated from the individual under 
a decree of divorce or separate mainte-
nance shall be treated as the spouse of the 
individual. 
(ii) Individuals related by the half 
blood or by legal adoption shall be treated 
as if they are related by the whole blood. 
(6) CONTINENTAL UNITED STATES.—The term 
‘‘continental United States’’ means the several 
States and the District of Columbia, but does not in-
clude Alaska or Hawaii. 
SEC. 3. TRANSFER OF FIREARMS TO MUSEUMS. 
(a) TRANSFER OF FORFEITED FIREARMS TO MUSE-
UMS.— 
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(1) IN GENERAL.—The Attorney General shall 
transfer each firearm which has been forfeited to the 
United States to the first qualified museum that 
submits a request for the firearm in such form and 
manner as the Attorney General may specify. 
(2) DESTRUCTION
OF
FORFEITED
FIREARMS 
PROHIBITED.—The Attorney General shall not de-
stroy any firearm which has been forfeited to the 
United States until the end of the 5-year period be-
ginning on the date of the forfeiture. 
(3) CATALOGUE OF FIREARMS.—With respect 
to each firearm that is available to be transferred to 
a museum under paragraph (1), the Attorney Gen-
eral shall, not later than 60 days after the forfeiture 
of the firearm, publish information which identifies 
the firearm (including a picture) on the web page of 
the Bureau of Alcohol, Tobacco, Firearms, and Ex-
plosives. The information shall be available to the 
public without cost and without restriction. 
(4) REGISTRATION OF FIREARMS.—Any firearm 
transferred under paragraph (1) to a qualified mu-
seum shall be registered to the transferee in the Na-
tional Firearms Registration and Transfer Record 
(described in section 5841 of the Internal Revenue 
Code of 1986). 
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(5) FIREARM.—In this subsection, the term 
‘‘firearm’’ means any firearm (as defined in section 
2(g)(2) of this Act) which is treated as a curio or 
relic under chapter 44 of title 18, United States 
Code. 
(6) QUALIFIED MUSEUM.—In this subsection, 
the term ‘‘qualified museum’’ means— 
(A) any museum owned or operated by a 
unit of Federal, State, or local government; and 
(B) any museum which— 
(i) is open to the public; 
(ii) is incorporated as a not-for-profit 
corporation under applicable State law; 
(iii) may possess a firearm in the col-
lection of the museum under the laws of 
the State in which the collection is dis-
played; 
(iv) holds a license under chapter 44 
of title 18, United States Code, as a col-
lector of curios or relics; and 
(v) certifies to the Attorney General 
that— 
(I) the museum is not engaged in 
the trade or business of buying or 
selling firearms; 
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(II) with respect to the transfer 
of any firearm under paragraph (1), 
the museum is not requesting the 
transfer of the firearm for purpose of 
sale; and 
(III) the museum shall, not later 
than 90 days after the museum ceases 
operations, file an application pursu-
ant to chapter 53 of the Internal Rev-
enue Code of 1986 to transfer any 
machinegun transferred to the mu-
seum under paragraph (1) to an enti-
ty or person who may lawfully possess 
the machinegun under section 922(o) 
of title 18, United States Code, or 
abandon the machinegun to Federal, 
State, or local law enforcement au-
thorities. 
(b) TRANSFER OF MACHINEGUNS TO MUSEUMS.— 
Section 922(o)(2) of title 18, United States Code, is 
amended— 
(1) in subparagraph (A), by striking ‘‘or’’ at 
the end; 
(2) by redesignating subparagraph (B) as sub-
paragraph (C); and 
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(3) by inserting after subparagraph (A) the fol-
lowing: 
‘‘(B) a transfer to or by, or possession by, 
a museum that is open to the public and incor-
porated as a not-for-profit corporation under 
applicable State law; or’’. 
Æ 
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