Fairness in Firearm Testing Act
Bill: H.R.3998 | Sponsor: Rep. Hice, Jody B. (R-GA)
Policy area: Crime and Law Enforcement

Summary:
Fairness in Firearm Testing Act
This bill establishes additional requirements for the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
Specifically, the bill requires the ATF to make a video recording of its process for evaluating and testing an item to determine if it is a firearm or ammunition.

To require the Bureau of Alcohol, Tobacco, Firearms and Explosives to 
 make video recordings of the examination and testing of firearms and 
                  ammunition, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fairness in Firearm Testing Act''.

SEC. 2. VIDEO RECORDING OF EXAMINATION AND TESTING OF FIREARMS AND 
              AMMUNITION BY THE BUREAU OF ALCOHOL, TOBACCO, FIREARMS 
              AND EXPLOSIVES.

    Section 1111 of the Homeland Security Act of 2002 (6 U.S.C. 531) is 
amended by adding at the end the following:
    ``(e) Additional Responsibilities Regarding Examination and Testing 
of Firearms and Ammunition.--
            ``(1) Video recording required.--The Bureau shall make a 
        video recording of the entire process of the examination and 
        testing by the Bureau of an item for the purpose of 
        determining, pursuant to section 921(a)(3), 922(o), 922(p), or 
        subsection (a)(3), (a)(4), (d), or (e) of section 925 of title 
        18, United States Code, or section 5845(a) of the Internal 
        Revenue Code of 1986, whether the item is a firearm and if so, 
        the type of firearm, or of determining pursuant to section 
        921(a)(17) of title 18, United States Code, whether the item is 
        ammunition, and shall not edit or erase any recording made 
        pursuant to this paragraph.
            ``(2) Availability.--
                    ``(A) To owners.--On request of a person who claims 
                an ownership interest in an item with respect to which 
                a recording is made under paragraph (1), the Bureau 
                shall make available to the person, without charge, a 
                digital video disc that contains a copy of the 
                recording.
                    ``(B) To defendants.--The Bureau shall make 
                available to a defendant in a criminal proceeding 
                involving an item with respect to which a recording is 
                made under paragraph (1) a digital video disc that 
                contains a copy of the recording.
            ``(3) Admissibility as evidence.--An item which the Bureau 
        has determined is a firearm or a type of firearm or ammunition 
        pursuant to any provision of law specified in paragraph (1) 
        shall not be admissible as evidence in any judicial or 
        administrative proceeding unless--
                    ``(A) the Bureau has complied with paragraph (2) 
                with respect to the item; or
                    ``(B) such compliance has been waived, in writing, 
                by the person against whom the item is offered as 
                evidence.''.
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