Posted on 05/07/2005 12:40:33 PM PDT by Richard-SIA
Veterans' Heritage Firearms Act of 2005 (Introduced in House) HR 2088 IH
109th CONGRESS 1st Session H. R. 2088
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.
IN THE HOUSE OF REPRESENTATIVES
May 4, 2005
Mr. GIBBONS (for himself, Mr. OTTER, Mr. KENNEDY of Minnesota, Mr. SESSIONS, Mr. JONES of North Carolina, Mr. MILLER of Florida, Mr. CANNON, Mr. BURTON of Indiana, Mr. GOODE, Mr. KINGSTON, Mr. BRADLEY 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 Maryland, Mr. ROSS, Mrs. EMERSON, Mr. HUNTER, Mr. TAYLOR of Mississippi, 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 Committee 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 Representatives 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 stationed outside the continental United States.
(2) PRESUMPTION OF VALIDITY- With respect to any firearm, in the absence of clear and convincing evidence to the contrary the Attorney General shall accept as true and accurate any affidavit, document, or other evidence submitted by an individual to establish that such firearm meets the requirements of paragraph (1).
(c) Hearings- If the Attorney General determines that any individual may not register a firearm under subsection (a) during the amnesty period, the Attorney General, 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 determination. (d) Limited Immunity-
(1) CRIMINAL LIABILITY UNDER TITLE 18- Any individual who registers a firearm under subsection (a)--
(A) shall be treated, for purposes of subsections (a)(3) and (o) of section 922 of title 18, United States Code, as having lawfully 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, importation, 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 firearm 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 Internal Revenue Code of 1986.
(4) ATTEMPTS TO REGISTER- In the case of an applicable veteran or a member of such a veteran'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 individual 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 violation of such chapters which relates to such firearm and which occurred before or concurrent with such registration.
(f) Notice; Forms; Mailbox Rule-
(1) NOTICE OF AMNESTY PERIOD- The Attorney General shall provide clear printed notices providing information regarding the amnesty period and registering a firearm during such period. To the extent feasible, the Attorney General shall ensure that such notices are posted in post offices, law enforcement buildings, buildings of the Department of Veterans Affairs, and in the businesses of licensed firearms dealers.
(2) FORMS- The Attorney General shall make available any forms necessary for registering a firearm in the National Firearms Registration and Transfer Record. To the extent feasible, the Attorney 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 section, 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 period' 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 Internal 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 described in subparagraph (A); or
(ii) from which a device described in subparagraph (A) may be readily assembled.
(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 veteran, 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 individual under a decree of divorce or separate maintenance 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 purposes of this paragraph.
(6) CONTINENTAL UNITED STATES- The term `continental United States' means the several States and the District of Columbia, but does not include Alaska or Hawaii.
SEC. 3. TRANSFER OF FIREARMS TO MUSEUMS.
(a) Transfer of Forfeited Firearms to Museums-
(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 destroy any firearm which has been forfeited to the United States until the end of the 5-year period beginning 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 forfeiture of such firearm, publish information which identifies such firearm (including a picture) on the web page of the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Such information shall be available to the public without cost and without restriction.
(4) REGISTRATION OF FIREARMS- Any firearm transferred under paragraph (1) to a qualified museum shall be registered to the transferee in the National 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 collection of the museum under the laws of the State in which the collection of the museum is displayed;
(iv) holds a license under chapter 44 of title 18, United States Code, as a collector 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 transferred to the museum under paragraph (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 subparagraph (C); and
(3) by inserting after subparagraph (A) the following new subparagraph:
`(B) a transfer to or by, or possession by, a museum which is open to the public and incorporated as a not-for-profit corporation under applicable State law; or'.
Exactly.
This bill is a start on reforming the current system.
The NFRTR is a shambles, ATFE routinely commits perjury is support of the current flawed system rather than admit it's many problems.
Congress found it necessary to appropriate $100,000 for corrective efforts, but ATFE did not use the money as directed.
This bill provides an opening for additional relief, emphasizing relief for our veterans.
The only other means of relief is to force an general amnesty for all, which would be much more difficult to achieve, even though it is warranted.
It does not "Start" any gun registry!
It allows for corrections to the badly flawed existing NFRTR registry.
(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.
I guess this bill is OK for those who wish to use it, I doubt if I would though.
I am disappointed that so many here are going negative without fully understanding the bill or it's intent.
This is the third time this bill has been introduced, I would have thought that many here would have some familiarity with it, and the many reasons to support it.
There is no intent to enable confiscation of ANYTHING that is not already subject to confiscation as contraband.
The intent is actually the opposite, to allow veterans and their heirs to keep arms that are currently regarded as contraband.
It's intent is the same as every other gun registry bill before it.
They can dress up a pug as apoodle, but it's still a pug in snobby clothing.
They should simply DUMP the previous bills they're supposedly reforming with this instead.
It does NOT "create a registry". (NFRTR)
That registry already exist, and has since 1934.
This bill attempts to allow the registry to be corrected, while protecting our veterans and their heirs from unjust prosecution and seizure of their very valuable property.
The genuine intent here is one of the most honest and commendable to come out of congress in decades!
No. it's not.
The bill addresses very specific issues, and is based entirely on existing legal precedent.
I am disappointed that so many here are having trouble understanding it.
To reiterate, this bill does NOT create ANY new data-base!
It has nothing to do with normal run of the mill firearms as are owned by the majority of Americans.
It IS intended to allow legislative relief to our veterans and their heirs who have war trophy NFA arms they obtained prior to Dec. 1968.
NFA Arms are legal in most states, so long as they are properly registered in the NFRTR data-base.
ATFE has screwed up the NFRTR, innocent Americans are at risk of prosecution this very minute.
Our veterans are at particular risk as a greater percent of them own NFA arms they brought back as souvenirs.
They are dying off at a rapid rate, the NFA arms are being found by heirs who do not know their legal status, and have no idea how to deal with the regulations and flawed NFRTR.
This bill DOES restore a measure of our 2nd. Amend. Rights, at least to our veterans and their heirs!
The subject data-base already exist, but is full of errors.
This bill would allow a means of making at least some correction to that flawed record.
Sorry, I do not buy it.
I'm disappointed that you don't see the obvious bad idea in there.
"a qualifying firearm," = an NFA item, which is already required to be registered under penalty of ten years in prison and a fine of $250,00.
The section 922.(o) amendment to FOPA-86 closed off all opportunity for such arms to be registered without a new "amnesty" being declared.
This bill creates that amnesty opportunity, but only for qualified veterans.
I don't see it as a negative, but I don't see it as a big deal either. As I see it the only people effected are
--Non registered owners of fully automatic weapons, who can now register, pay the annual fee, and keep them as long as they don't live in a state which outlaws fully automatic weapons. That's a good thing, though I don't know how many that effects.
--Non registered owners of handguns in a state or locality which either requires registration or bans handgun ownership, with a grandfather clause post 68. That's a good thing, though I don't know how many that effects.
--"Assault weapon", whatever the state says that is, owners in states that ban them. I'm not that familiar with recent state laws in that regard, if they have grandfather clauses it's a good thing, if they don't which I think is the case in California, the one that comes to mind, it's a nothing. I doubt that effects many people either.
There's no doubt in my mind that localities will access the records. I'd certainly not suggest that people violate gun laws. But this seem to have very little practical impact.
As an aside and I'm open to correction, but post (and even during) Vietnam, I don't think the number of "liberated" arms is all that great. I recognize that this act doesn't require that they legally entered the US.
Oops, my mistake, i saw the 1968 legal transfer date, but missed the fact that they had to enter pre-1968.
Unless you are a veteran who brought back war trophy NFA arms prior to Dec. 1968 it would not apply to you.
If you are such a veteran, and did not take advantage of it, you would remain at risk of losing your trophy by confiscation, and serving ten years in prison.
Given the chance, anyone who qualifies would be foolish not to take advantage of the opportunity.
I would LOVE to see the NFA-34 "Dumped"!
But the fact is our RKBA has been reduced one bill at a time, and will have to be restored the same way.
This bill is a start on that effort.
I have worked for several years to get a bill similar to this one introduced, my only disappointment is that it does not provide an "amnesty" for everyone, but is limited to veterans only.
I have worked with and encouraged congressman Gibbons to introduce this bill.
I realize that the issues it addresses are arcane to most Americans, but that is no reason to not support it.
Flaws in language can be corrected, if you are expert enough to do so please post the improved language and I will send sit to the congressman.
They should dump the previous bills before even attempting this one.
THAT would show good intent, and would also go a ways to keeping this from being a precursor to confiscation.
If there is any wiggle room for them at all, either by simply re-reading it a different way and taking the same sentence to mean differing things as they always do, it's not a good idea ot try this.
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