I
103D CONGRESS
2D SESSION
H. R. 3746
To authorize the Director of the Bureau of Justice Assistance to approve
local programs that exchange merchandise vouchers for firearms and
make grants to the programs, to amend title 18, United States Code,
to provide amnesty for individuals who surrender firearms under the
programs, and to amend the Internal Revenue Code of 1986 to allow
tax deductions for taxpayers who donate merchandise vouchers for use
in the programs.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 26, 1994
Mr. KLEIN introduced the following bill; which was referred jointly to the
Committees on the Judiciary and Ways and Means
A BILL
To authorize the Director of the Bureau of Justice Assist-
ance to approve local programs that exchange merchan-
dise vouchers for firearms and make grants to the pro-
grams, to amend title 18, United States Code, to provide
amnesty for individuals who surrender firearms under
the programs, and to amend the Internal Revenue Code
of 1986 to allow tax deductions for taxpayers who donate
merchandise vouchers for use in the programs.
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 known as the ‘‘National Firearms
Exchange Act’’.
SEC. 2. FINDINGS AND PURPOSE.
(a) FINDINGS.—The Congress finds that—
(1) the Nation is afflicted with an enormous
problem relating to crimes of violence;
(2) there are more than 200,000,000 firearms
on the Nation’s streets;
(3) such firearms are the cause of numerous
deaths and injuries to the Nation’s citizens; and
(4) it is essential that the Nation act to rid it-
self of such firearms and protect the safety of its
citizens.
(b) PURPOSE.—The purpose of this Act is—
(1) to authorize the Director of the Bureau of
Justice Assistance to approve local programs that
exchange merchandise vouchers for firearms;
(2) to authorize the Director to make grants to
the programs;
(3) to provide amnesty from certain Federal
statutes concerning firearms for individuals who sur-
render, or are in the process of surrendering, fire-
arms under the programs; and
(4) to allow a tax deduction for taxpayers who
donate merchandise vouchers for use in the pro-
grams.
TITLE 
I—PROGRAMS 
TO 
EX-
CHANGE 
VOUCHERS 
FOR
FIREARMS
SEC. 101. APPROVAL AND FUNDING OF PROGRAMS TO EX-
CHANGE VOUCHERS FOR FIREARMS.
(a) IN GENERAL.—Title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3711
et seq.) is amended—
(1) by redesignating part Q as part R;
(2) by redesignating section 1701 as section
1801; and
(3) by inserting after part P the following new
part:
‘‘PART Q—PROGRAMS TO EXCHANGE
MERCHANDISE VOUCHERS FOR FIREARMS
‘‘SEC. 1701. APPROVAL OF PROGRAMS TO EXCHANGE MER-
CHANDISE VOUCHERS FOR FIREARMS.
‘‘(a) IN GENERAL.—The Director of the Bureau of
Justice Assistance shall establish procedures under which
any unit of local government may apply for approval,
under this section, of a program to exchange merchandise
vouchers for firearms. The Director shall establish criteria
and procedures to determine whether any such program
should be approved under this part.
‘‘(b) FACTORS TO BE CONSIDERED.—In determining
whether or not to approve a program under this section,
the Director shall consider—
‘‘(1) the characteristics of the unit of local gov-
ernment in which the program will be located;
‘‘(2) the kinds of firearms included in the pro-
gram;
‘‘(3) the manner in which the program will dis-
pose of firearms that are surrendered;
‘‘(4) whether the program will accept firearms
from residents of other States and units of local gov-
ernment;
‘‘(5) whether and to what extent the program
will protect the anonymity of individuals who surren-
der firearms to the program;
‘‘(6) whether and to what extent the State in
which the program is located will provide that any
individual who surrenders, or is in the process of
surrendering, a firearm to the program will not be
prosecuted under State law—
‘‘(A) for possession, transportation, stor-
age, or concealment of the firearm (occurring
before or after the date of the enactment of this
part);
‘‘(B) for transfer, delivery, shipment, or
surrender of the firearm to the program;
‘‘(C) for surrender of the firearm to the
program in exchange for a voucher; or
‘‘(D) for making the firearm or for obliter-
ating, removing, changing, or altering the serial
number or other required identification of the
firearm;
‘‘(7) the manner in which the program will re-
cruit participation by individuals and businesses;
and
‘‘(8) any other factor that the Director consid-
ers appropriate.
‘‘(c) DISPOSAL OF FIREARMS.—
‘‘(1) DESTRUCTION OF FIREARMS.—The Direc-
tor may not approve under this section any program
that does not provide that all firearms surrendered
to the program will be destroyed.
‘‘(2) USE OF FIREARMS FOR EVIDENTIARY AND
INVESTIGATIVE PURPOSES.—Paragraph (1) shall not
be interpreted to require the destruction of a firearm
that is surrendered to an approved program and is
needed for investigatory or evidentiary purposes,
until the firearm is no longer needed for such pur-
poses.
‘‘(d) TIMING OF APPROVAL PROCESS AND DURATION
OF APPROVAL STATUS.—
‘‘(1) TIMING OF APPROVAL PROCESS.—The Di-
rector shall approve or disapprove each program for
which an application is submitted under subsection
(a) within 60 days after the application is submitted.
‘‘(2) DURATION OF APPROVAL STATUS.—A pro-
gram shall be considered approved for the 2-year
period beginning on the date that the program is
approved under this section, and may reapply for
approval for subsequent 2-year periods.
‘‘(e) EFFORT TO SECURE STATE AMNESTY REGARD-
ING APPROVED PROGRAMS.—The Director shall make
every effort possible to secure from State governments, for
individuals who surrender or are in the process of surren-
dering a firearm to a program approved under this section,
provisions of amnesty that are similar to the amnesty de-
scribed in section 925(h) of title 18, United States Code,
regarding State offenses that are the same as or substan-
tially similar to the Federal offenses for which amnesty
is provided in such section.
‘‘SEC. 1702. GRANTS TO APPROVED PROGRAMS.
‘‘(a) GRANT AUTHORIZATION.—The Director may
make grants to programs that are approved under section
1701.
‘‘(b) APPLICATIONS, CRITERIA, AND ALLOCATION.—
The Director shall establish procedures under which a unit
of local government whose program is approved under sec-
tion 1701 may apply for a grant for the program. The
Director shall establish procedures and criteria to deter-
mine whether any such program should receive such a
grant.
‘‘SEC. 1703. ANNUAL REPORT TO CONGRESS.
‘‘(a) IN GENERAL.—As part of the annual report re-
quired by section 810, the Director shall submit to the
Congress an assessment of the effectiveness of this part
and of approved programs. The Director’s assessment may
include recommendations that the Director finds appro-
priate.
‘‘(b) CRITERIA REGARDING EFFECTIVENESS.—In
order to complete the assessment required by subsection
(a), the Director shall establish criteria for evaluating the
effectiveness of this part and of approved programs.
‘‘(c) EVALUATION OF FACTORS.—The assessment re-
quired by subsection (a) also shall include—
‘‘(1) a statement showing the manner in which
the Director used the factors referred to in section
1701(b) in deciding whether to approve and fund
programs under this part; and
‘‘(2) for each of the factors referred to in sec-
tion 1701(b), a statement of the manner in which
the program characteristics included in the factor
predict a program’s effectiveness.
‘‘(d) RECOMMENDATION REGARDING THIS PART.—
In the annual report, referred to in section (a), that is
submitted to the Congress 2 years after the date of the
enactment of this Act, the Director shall make a rec-
ommendation regarding whether approval and funding of
programs under this part should continue.
‘‘SEC. 1704. DEFINITIONS.
‘‘For purposes of this part:
‘‘(1) The term ‘approved program’ means a
program approved by the Director under section
1701.
‘‘(2) The term ‘Director’ means the Director of
the Bureau of Justice Assistance.
‘‘(3) The term ‘firearm’ has the meaning given
such term in section 921(a)(3)(A) of title 18, United
States Code.
‘‘(4) The term ‘program’ means a program of
a unit of local government to exchange merchandise
vouchers for firearms.’’.
(b) AUTHORIZATION OF APPROPRIATIONS.—Section
1001(a) of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3793(a)) is amended by adding
at the end the following new paragraph:
‘‘(11) There are authorized to be appropriated such
sums as may be necessary to carry out part Q.’’.
(c) ADDITIONAL AMENDMENTS.—Title I of the Om-
nibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3711 et seq.) is amended—
(1) in section 801(b), by striking ‘‘and O’’ and
inserting ‘‘O, and Q’’;
(2) in the first sentence of section 802(b), by
striking ‘‘or O’’ and inserting ‘‘O, or Q’’; and
(3) in section 1001(a)(3), by striking ‘‘and O’’
and inserting ‘‘O, and Q’’.
(d) CONFORMING AMENDMENT.—The table of con-
tents of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3711 prec.) is amended
by striking the items relating to part Q and inserting the
following new items:
‘‘PART Q—PROGRAMS TO EXCHANGE MERCHANDISE VOUCHERS FOR
FIREARMS
‘‘Sec. 1701. Approval of programs to exchange merchandise vouchers for fire-
arms.
‘‘Sec. 1702. Grants to approved programs.
‘‘Sec. 1703. Annual report to Congress.
‘‘Sec. 1704. Definitions.
‘‘PART R—TRANSITION—EFFECTIVE DATE—REPEALER
‘‘Sec. 1801. Continuation of rules, authorities, and proceedings.’’.
SEC. 102. AMNESTY FOR INDIVIDUALS SURRENDERING
FIREARMS.
(a) IN GENERAL.—Section 925 of title 18, United
States Code, is amended by adding at the end the follow-
ing new subsection:
‘‘(h)(1)(A) If an individual surrenders, or is in the
process of surrendering, a firearm to a program approved
under section 1701 of the Omnibus Crime Control and
Safe Streets Act of 1968, section 922 of this title (except
section 922(q)(1)(A)), and section 5861 of the National
Firearms Act, shall not apply to the individual’s—
‘‘(i) possession, transportation, storage, or con-
cealment of the firearm (whether before or after the
date of the enactment of this subsection);
‘‘(ii) transfer, delivery, shipment, or surrender
of the firearm to such a program;
‘‘(iii) surrender of the firearm to such a pro-
gram in exchange for a voucher; or
‘‘(iv) making of the firearm in violation of the
National Firearms Act, or obliteration, removal,
change, or alteration of the serial number of the
firearm (or other identification of the firearm) re-
quired by the National Firearms Act.
‘‘(B) Subparagraph (A) shall not apply to an individ-
ual’s conduct regarding a firearm if, at the time that the
individual surrenders, or is in the process of surrendering,