I 
108TH CONGRESS 
2D SESSION 
H. R. 3807
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 
FEBRUARY 11, 2004
Mr. GIBBONS (for himself, Mr. CANNON, Mr. HUNTER, Mr. LEWIS of Cali-
fornia, Mr. SESSIONS, Mr. TAYLOR of Mississippi, Mr. MOLLOHAN, Mr. 
CUNNINGHAM, Mrs. EMERSON, Mr. ISSA, Mr. OTTER, Mrs. MUSGRAVE, 
Mr. KING of Iowa, Mr. FEENEY, Mr. BURTON of Indiana, Mr. HALL, Mr. 
DOOLITTLE, Mr. BARRETT of South Carolina, Mr. CALVERT, Mr. BACH-
US, Mr. BOOZMAN, Mr. BISHOP of Utah, Mr. CRANE, Mr. BARTLETT of 
Maryland, Mr. DUNCAN, Mr. FRANKS of Arizona, Mr. HOSTETTLER, Mr. 
DEMINT, Mr. HERGER, Mr. JONES of North Carolina, Mr. PENCE, Mr. 
LEWIS of Kentucky, Mr. WILSON of South Carolina, Mr. AKIN, Mr. 
WHITFIELD, Mr. PEARCE, Mr. CULBERSON, Mr. BAKER, Mr. PETERSON 
of Minnesota, Mr. TERRY, Mr. SCHROCK, Mr. SHIMKUS, Mr. TIBERI, Mr. 
GOODE, Mr. MCCOTTER, Mr. SIMPSON, Mr. TANCREDO, Mr. KENNEDY 
of Minnesota, Mr. ROGERS of Alabama, Mr. HEFLEY, Mr. MILLER of 
Florida, Mr. MANZULLO, and Mr. SHUSTER) 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 2004’’. 
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), (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—
(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