I 
109TH CONGRESS 
1ST SESSION H. R. 2088 
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 
MAY 4, 2005 
Mr. GIBBONS (for himself, Mr. OTTER, Mr. KENNEDY of Minnesota, Mr. SES-
SIONS, Mr. JONES of North Carolina, Mr. MILLER of Florida, Mr. CAN-
NON, Mr. BURTON of Indiana, Mr. GOODE, Mr. KINGSTON, Mr. BRAD-
LEY of New Hampshire, Mr. TERRY, Mr. BAKER, Mr. WHITFIELD, Mr. 
BARRETT of South Carolina, Mr. BACHUS, Mr. BOOZMAN, Mr. TIBERI, 
Mr. BISHOP of Utah, Mr. WILSON of South Carolina, Mr. BARTON of 
Texas, Mr. DUNCAN, Mr. SHUSTER, Mr. HOSTETTLER, Mr. MCCOTTER, 
Mr. HEFLEY, Mr. ISSA, Mr. SIMPSON, Mr. TANCREDO, Mr. SHIMKUS, 
Mr. PEARCE, Mr. KING of Iowa, Mr. PETERSON of Pennsylvania, Mr. 
SALAZAR, Mr. KUHL of New York, Mr. HALL, Mr. MOLLOHAN, Mr. 
FRANKS of Arizona, Mr. SOUDER, Mr. ROGERS of Alabama, Mr. AKIN, 
Mr. BURGESS, Mr. CRAMER, Mr. CUNNINGHAM, Mr. BARTLETT of Mary-
land, Mr. ROSS, Mrs. EMERSON, Mr. HUNTER, Mr. TAYLOR of Mis-
sissippi, Mr. DEAL of Georgia, Mr. HERGER, Mr. FEENEY, Mr. LEWIS 
of Kentucky, and Mr. CALVERT) introduced the following bill; which was 
referred to the Committee on the Judiciary, and in addition to the Com-
mittee 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 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 2005’’. 
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 such a veteran’s family, who owns and 
possesses 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 the Attorney Gen-
eral shall accept as true and accurate any affidavit, 
document, or other evidence submitted by an indi-
vidual to establish that such firearm meets the re-
quirements of paragraph (1). 
(c) HEARINGS.—If the Attorney General determines 
that any individual may not register a firearm under sub-
section (a) during the amnesty period, the Attorney Gen-
eral, upon the request of such individual, shall— 
(1) provide such individual any evidence on 
which the Attorney General’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) 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 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. 
(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 such individual if such indi-
vidual surrenders such firearm to a law enforcement 
agency not later than 30 days after notification by 
the Attorney General of potential criminal liability 
for continued possession of the firearm. 
(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) 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 such period. To the ex-
tent feasible, the Attorney General shall ensure that 
such notices are posted in post offices, law enforce-
ment buildings, buildings of the Department of Vet-
erans Affairs, and in the businesses of licensed fire-
arms 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. 
(g) 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.
SEC. 3. TRANSFER OF FIREARMS TO MUSEUMS. 
(a) TRANSFER OF FORFEITED FIREARMS TO MUSE-
UMS.— 
(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 such 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 such forfeiture. 
(3) CATALOGUE OF FIREARMS.—With respect 
to each firearm which is available to be transferred 
to a museum under paragraph (1), the Attorney 
General shall, not later than 60 days after the for-
feiture of such firearm, publish information which 
identifies such firearm (including a picture) on the 
web page of the Bureau of Alcohol, Tobacco, Fire-
arms, and Explosives. Such information shall be 
available to the public without cost and without re-
striction. 
(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). 
(5) FIREARM.—For purposes of this subsection, 
the term ‘‘firearm’’ means any firearm (as defined 
in section 2(g)(2)) which is treated as a curio or 
relic under chapter 44 of title 18, United States 
Code. 
(6) QUALIFIED MUSEUM.—For purposes of 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 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 of the mu-
seum is displayed; 
(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, 
(II) with respect to the transfer 
of any firearm under paragraph (1), 
the museum is not requesting the 
transfer of such firearm for purpose 
of sale, and 
(III) the museum shall, not later 
than 90 days after the date on which 
such museum ceases operations, file 
an application pursuant to chapter 53 
of the Internal Revenue Code of 1986 
to transfer any machinegun trans-
ferred to the museum under para-
graph (1) to an entity or person who 
may lawfully possess such machinegun 
under section 922(o) of title 18, 
United States Code, or abandon such 
machinegun to Federal, State, or local 
law enforcement authorities. 
(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 
(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’’. 
Æ