I
107TH CONGRESS
2D SESSION
H. R. 5176
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
JULY 22, 2002
Mr. GIBBONS (for himself and Mr. CANNON) introduced the following bill;
which was referred to the Committee 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 provi-
sions as fall within the jurisdiction 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 2002’’.
SEC. 2. AMNESTY PERIOD FOR VETERANS TO REGISTER
QUALIFYING FIREARMS.
(a) REGISTRATION.—Subject to such regulations as
the Secretary may prescribe, the applicable veteran or a
member of such a veteran’s family, who owns and pos-
sesses a qualifying firearm, may register such firearm 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 such veteran was
a member of the Armed Forces and was sta-
tioned outside the continental United States.
(2) PRESUMPTION OF VALIDITY.—With respect
to any firearm, in the absence of clear and con-
vincing evidence to the contrary—
(A) the Secretary shall accept as true and
accurate any affidavit, document, or other evi-
dence submitted by an individual to establish
that such firearm meets the requirements of
paragraph (1); and
(B) the requirement of paragraph (1)(C)
shall be treated as met.
(c) HEARINGS.—If the Secretary determines that any
individual may not register a firearm under subsection (a)
during the amnesty period, the Secretary, upon the re-
quest of such individual, shall—
(1) provide such individual any evidence on
which the Secretary’s decision is based; and
(2) promptly hold a hearing to review such de-
termination.
(d) LIMITED IMMUNITY.—
(1) CRIMINAL LIABILITY UNDER TITLE 18.—
Any individual who registers a firearm under sub-
section (a)—
(A) shall be treated, for purposes of sub-
sections (a)(3), (o), (v), and (w) of section 922
of title 18, United States Code, as having law-
fully acquired and possessed the firearm before
the date of the enactment of chapter 44 of such
title and each of such chapter’s provisions; and
(B) shall not be liable under chapter 44 of
title 18, United States Code, for any violation
of such chapter which—
(i) is based solely on such individual’s
ownership, possession, transportation, im-
portation, or alteration of such firearm;
and
(ii) occurred before or concurrent with
such registration.
(2) CRIMINAL
LIABILITY
UNDER
INTERNAL
REVENUE CODE.—Except as provided in paragraph
(3), any individual who registers a firearm under
subsection (a) shall not be liable under chapter 53
or 75 of the Internal Revenue Code of 1986 for any
violation of such chapters which relates to such fire-
arm and which occurred before or concurrent with
such 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.
(e) FORFEITURE.—Any firearm registered under
subsection (a) shall not be subject to seizure or forfeiture
under chapter 53 or 75 of the Internal Revenue Code or
chapter 44 of title 18, United States Code, for any viola-
tion of such chapters which relates to such firearm and
which occurred before or concurrent with such registra-
tion.
(f) DEFINITIONS.—For purposes of 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 such term in section 5845 of the In-
ternal Revenue Code of 1986, except that such 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.—With respect to
any firearm, the term ‘‘applicable veteran’’ means
the veteran described in subsection (b)(1)(B).
(4) VETERAN.—The term ‘‘veteran’’ has the
meaning given such term in section 101(2) of title
38, United States Code.
(5) FAMILY.—The term ‘‘family’’ means, with
respect to a veteran, the grandparents of such vet-
eran, the grandparents of such veteran’s spouse, the
lineal descendants of such grandparents, and any
spouse of such a lineal descendant. A spouse of an
individual who is legally separated from such indi-
vidual under a decree of divorce or separate mainte-
nance shall be treated as such individual’s spouse for
purposes of this paragraph. Individuals related by
the half blood or by legal adoption shall be treated
as if they were related by the whole blood for pur-
poses of this paragraph.
(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.
(7) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Treasury.
SEC. 3. 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
(3) by inserting after subparagraph (A) the fol-
lowing new subparagraph:
‘‘(B) a transfer to or by, or possession by, a
museum which is open to the public and incor-
porated as a not-for-profit corporation under appli-
cable State law; or’’.
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